(A) If the building or property is not successfully remediated or made compliant pursuant to the process set forth in § 14-20-5 above, the responsible party is subject to:
(1) The penalty provisions set forth in § 1-1-99 of this code of ordinances; each day of violation is considered a separate offense; and
(2) Instead of or in addition to the penalty provision set forth in § 1-1-99, the city, acting through the City Attorney, is hereby authorized to file an action in a court of competent jurisdiction as a means of compelling compliance with this article, including compliance with those sections cross referenced within the Zoning Code, to:
(a) Enjoin any person from violating or threatening to violate the terms, conditions and restrictions of this article;
(b) Collect civil assessments against the property of $500 per day for every day the property remains or remained in violation of this section after the expiration of the compliance period or any extensions granted by the Planning Department identified in the written notice(s) sent by the Department; and
(c) Recover damages from the owner of a building or property in an amount of money adequate for the city to undertake any construction remediation, cleanup, or other activity necessary to bring about compliance with this article.
(B) In addition to judicial remedies, any expenditure by the city to bring the building or property into compliance, or any damages or assessments are recoverable through the imposition of a municipal lien on the parcel under NMSA 1978, §§ 3-36-1 to 3-36-5. To the extent that monetary penalties are recovered as a result of enforcement under this section, any funds so recovered shall be used exclusively for the purpose of funding enforcement activities under this section.
(Ord. 2017-011; Am. Ord. 2020-030)