Any person violating any of the provisions of this Housing Code or failing or neglecting to comply with any orders issued pursuant to any section thereof shall be deemed guilty of a misdemeanor and such persons shall be guilty of a separate offense for each and every day or portion thereof during which any such violation is continued or permitted. Upon conviction of any such violations such person shall be subject to the penalty provisions set forth in § 1-1-99 of this code of ordinances.
The department may impose a civil fine, notice of which shall be appealable under the administrative appeal procedures of this article, of $200 for a first violation of this article, and $300 for a second violation of this article and $500 for a third or subsequent violation of this article. Failure to pay the fine, appeal the fine, or prevail at an administrative hearing challenging the fine shall allow the Department to place a lien upon the subject property or any asset owned by the owner. The Department may also choose to collect on the fine through any other method allowed by law.
In addition to any other remedy available at law, remedies available in equity or other remedies as provided for in this Code, the Department may institute the following actions against the owner of any vacant, abandoned or substandard dwelling that is in serious violation of this Code:
(A) An In Personam action may be initiated for a continuing violation for which the owner or responsible party takes no substantial step to correct within the six months following receipt of a Notice and Order to correct the violation, unless the Notice and Order is subject to a pending appeal before an administrative agency or court. Notwithstanding any law limiting the form of action for the recovery of penalties by a municipality for the violation of this Code, the Department may recover, in a single action under this section, an amount equal to the penalties imposed against the owner and any costs of remediation lawfully incurred by, or on behalf of, the Department to remedy any violation.
(B) A proceeding in equity.
(C) A lien may be placed against the assets of an owner of any vacant, abandoned or substandard dwelling that is in serious violation of this Code after a judgment, decree or order is entered by a court of competent jurisdiction or City of Albuquerque Hearing Officer against the owner of the property for an adjudication under either an In Personam action or a proceeding in equity as set forth above. In the case of an owner that is an association or trust, this does not authorize a lien to be placed upon the individual assets of the general partner, trustee, limited partner, shareholder, member or beneficiary of the associate or trust except as otherwise allowed by law. Any lien placed upon any asset pursuant to this article shall be foreclosed upon in the manner prescribed by state law.
(D) The city may deny issuing a building or business registration permit to the owner of any vacant, abandoned or substandard dwelling that is in serious violation of this Code when any of the following conditions exist on that dwelling:
(1) Liens were placed on the property for serious violations of this Code, State law or other applicable codes, including municipal service liens which exist on account of the actions of the owner, their agent or responsible party; or
(2) A serious violation is present and the owner, their agent or responsible party has taken no substantial step to correct the serious violation within six months following the notification of the violation and for which fines, penalties or a judgment to abate or correct were imposed by a court or administrative proceeding or a judgment at law or in equity was imposed by a court or administrative proceeding. No denial shall be permitted if a judgment is subject to a stay or is superseded by order of court.
(E) The building or business registration permit denial as above described shall not apply to charges that are under appeal or otherwise contested through a court or administrative process.
(F) In issuing a denial of a building or business registration permit, the department shall indicate the street address where each parcel cited is located as a basis for the denial.
(G) The denial shall also state that the applicant, their agent or responsible party may request a letter of compliance from the appropriate agency or Board in the form specified by such entity.
(H) All building or business registration permits denied in accordance with this section may be withheld by the Department until an applicant obtains a letter of compliance from the appropriate agency or Board indicating any of the following conditions that are applicable:
(1) The municipal lien(s) have been paid in full or the property owner has agreed to participate in a payment plan to pay off the lien(s) in full;
(2) The property in question is now in compliance with state law, this Code or applicable codes;
(3) The owner of the property or their agent or responsible party has presented and the appropriate entity has accepted a plan to begin remediation of a serious violation of state law, this Code or other applicable codes.
(I) If a letter of compliance is not obtained within 45 days of the denial, the property shall be deemed to be in non-compliance for the purposes of this section. Each agency or Board shall specify the form and the method of verification in which the request for a compliance letter shall be made.
(J) The city may deny approval of municipal permits - which includes special exception approval and/or variance relief - if warranted as set forth above.
(K) A building or business registration permit may only be denied to an applicant of such permit other than an owner if the applicant is acting under the direction or with the permission of the owner and that owner owns real property that is subject to denial as set forth herein above.
(L) Any denial of a building or business registration permit denied by the city may be appealed to the Office of Administrative Hearings pursuant to § 14-3-5-3 of this Code.
('74 Code, § 7-24-3D (part)) (Ord. 34-1986 ; Am. Ord. 2018-025)