(A) Recordation of a permit for solar rights with the County Clerk in accordance with Section 14-9-1 NMSA 1978 shall be notice to all the world of the existence of the solar right therein defined.
(B) Notice as to solar rights which were not recorded in accordance with Section 14-9-1 NMSA 1978 prior to August 1, 1981, shall be given only by recording a permit for solar rights, issued as provided by this article.
(C) The Mayor shall record with the County Clerk any permit for solar rights or voidance of any permit for solar rights granted by the city. Filing shall be no sooner than 15 days after the Zoning Hearing Examiner’s decision; filing shall be no later than 25 days after the Zoning Hearing Examiner’s decision unless a Writ of Certiorari has been filed and the Mayor has been so informed. The document filed shall be signed by the Zoning Hearing Examiner; the document shall be titled “Solar Right Declaration” and shall contain at least the following:
(1) A legal description of the site of the solar collector including the vertical and horizontal location of the solar collector on the site,
(2) A statement that a solar right is established and defining the three-dimensional space or the place and time of day in which obstruction is prohibited or limited,
(3) Legal descriptions of all land parcels burdened with servient tenements by the solar right, and
(4) Reference to any special limitations imposed.
(D) A solar right declaration, as recorded, shall be mailed by the Mayor certified mail, return receipt requested, to all owners of record of real property burdened with servient tenements by the solar right.
(E) The Mayor has no duty to recognize any solar right when issuing building permits. This is without prejudice to the enforcement of the solar right against anyone who infringes or plans to infringe on the solar right.
('74 Code, § 7-2-8) (Ord. 80-1981; Am. Ord. 2023-015)