(A) Compliance.
(1) General. After any order of the Department or the Hearing Officer made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor or a civil penalty of $500.
(2) Failure to Obey Order. If, after any order of the Department or Hearing Officer made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the department may:
(a) Cause such person to be prosecuted under division (A)(1) above; or
(b) Institute any appropriate action to abate such nuisance; or
(c) file a motion to show cause before the Office of Administrative Hearings within 60 days. If the Hearing Officer determines that there is good cause, the Hearing Officer shall reconvene the hearing with all parties to the appeal and notice them of the hearing in the manner provided above for administrative hearings. The show cause hearing will be conducted in substantially the same manner as the appeal hearing. If the Hearing Officer determines that there is substantial evidence that the person to whom the order is directed has failed, neglected, or refused to obey such order, then the Hearing Officer shall order that such person must pay a fee not to exceed $500 plus an additional $100 for each month after the date of the original order that such person failed, neglected, refused to obey the order. The total fee shall be paid to the City of Albuquerque in the manner required by the Hearing Officer. If the person fails to pay the total fee in the manner required by the Hearing Officer, then the city may place a lien for the unpaid amount upon the subject property or upon any asset or personal property of the person.
(3) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective:
(a) The Department shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
DO NOT ENTER
SUBSTANDARD BUILDING
UNSAFE TO OCCUPY
NO PERSON SHALL RESIDE IN THIS STRUCTURE OR PROPERTY. NO PERSON SHALL OCCUPY THIS STRUCTURE OR PROPERTY PAST DAYLIGHT HOURS. ONLY PERSONS AUTHORIZED BY THE CITY OR THE OWNER MAY OCCUPY THIS PROPERTY DURING DAYLIGHT HOURS FOR PURPOSE OF REPAIRING, SECURING OR CLEANING THIS PROPERTY.
It is a misdemeanor to occupy this building, or to remove or deface this notice.
City of Albuquerque
(b) No person shall occupy any building which has been posted as specified in this section in a manner contrary to the terms of the notice. No person shall be on the property without the written permission from the Department or and with the permission on them at all times while on the property. Permission shall only be granted for the reasonable time to remove personal belongings or the correction of violations and on a case by case basis. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Department have been completed and a Certificate of Compliance issued pursuant to the provisions of the Housing Code.
(c) The department may, in addition to any other remedy herein provided cause the building to be repaired to the extent necessary to correct the conditions which render the building substandard as set forth in the notice and order.
(d) Whenever the Building and Safety Division of the Planning Department determines that a substandard building is unsafe because it is structurally inadequate or compromised or which constitute a fire hazard, or are otherwise dangerous to human life, pursuant to the Uniform Administrative Code and Technical Codes, the department shall commence proceedings to cause the closing, demolition or removal of the building or dwelling in the manner provided in the Administrative Demolition Ordinance, Chapter 14, Article 23.
(B) Extension of Time to Perform Work. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Department may, at his discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the Department determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Department's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order.
(C) Interference with Repair or Demolition Work Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated, demolished or secured under the provisions of this code, whenever such person is engaged in the work of repairing, vacating and repairing, demolishing or securing any such building pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
('74 Code, § 7-24-14) (Ord. 34- 1986; Am. Ord. 2018-025; Am. Ord. 2024-003)