(A) An application for a permit, license, or certificate pertaining to the use of land or building in the flood hazard area shall be approved by the City Engineer. A permit, license, or certificate issued in conflict with the provision of §§ 14-5-1-1 et seq. is void.
(B) The City Engineer or his authorized representative may make reasonable entry upon any lands and waters within the city's jurisdiction for the purpose of making any investigation, survey, removal, or repair contemplated by §§ 14-5-1-1 et seq. An investigation of any obstruction shall be made by the City Engineer either on his own initiative, or the written request of any two title holders of land abutting the channel or drainageway involved.
(C) (1) Whenever necessary to make an inspection to enforce any of the provisions of §§ 14-5-1-1 et seq., the City Engineer or his authorized representative may enter such buildings or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by §§ 14-5-1-1 et seq.; provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If entry is refused, the City Engineer or his authorized representative shall proceed to obtain a search warrant by filing a complaint made before the Magistrate Court or District Court upon oath or affirmation. The complaint shall:
(a) Set forth the particular building, premises, or portion thereof sought to be inspected;
(b) State that the owner or occupant of the building, premises, or portion thereof, has refused entry;
(c) State that inspection of the building, premises, or portion thereof is necessary to determine whether it complies with the requirements of §§ 14-5-1-1 et seq.;
(d) Set forth the particular provisions of §§ 14-5-1-1 et seq. sought to be enforced;
(e) Set forth any other reason necessitating the inspection, including knowledge or belief that a particular condition exists in the building, premises, or portion thereof which constitutes a violation of §§ 14-5-1-1 et seq.;
(f) State that the complainant is authorized by the city to make the inspection.
(2) Each inspector shall be furnished with an identification card signed by the City Engineer and by the Mayor indicating his authority and must present same to the Magistrate Court or District Court for the purpose of this division and to other persons, when requested to do so during the performance of his duty.
(3) No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the authorized inspector for the purpose of inspection and examination pursuant to §§ 14-5-1-1 et seq.
(D) The powers and duties of the City Engineer relative to obstructions in a flood hazard area shall include the following:
(1) Where an obstruction to a floodway has been created by fallen trees, silt, debris, and like matter, the city may remove the obstruction, in which case the cost of removal shall be borne by the city;
(2) Where, after investigation, an order has been issued to the owner of an obstruction for its removal or repair and the order is not complied with, within such reasonable time as may be prescribed by the City Engineer, or, if the owner cannot be found or determined, the City Engineer may cause such removal or repairs to be made. The reasonable cost of the removal or repairs shall constitute a lien against the lot from which the obstruction was removed or on which it was repaired. The lien shall be imposed and foreclosed in the manner provided in Sections 3-36-1 through 3-36-6 NMSA 1978.
('74 Code, § 7-3-5C.1-4) (Ord. 99-1981; Am Ord. 77-1983)