(A) Inspection. The department may enter the premises with the consent of the property owner or lawful occupant for the purpose of making safety inspections, provided that the entry shall be made in a manner as to cause the least possible inconvenience to property owner or the person in lawful possession. If consent to enter is denied, the department shall obtain a warrant from a court with jurisdiction.
(B) Commencement of Proceedings. Whenever the department has inspected or caused to be inspected any commercial building or any dwelling or accessory structure and has found and determined that such commercial building or accessory structure is unsafe or that such dwelling is unfit for lawful occupancy and/or human habitation, the department shall commence proceedings to cause the closing, demolition or removal of the building or dwelling.
(1) Serving Notice. The department shall serve notice by personal service or by registered mail to the owner of record on file with the county assessor, every mortgagee of record, and all parties of interest of record. If the whereabouts of these persons is unknown and cannot be ascertained by the department in exercising reasonable diligence and the department makes an affidavit to that effect, the serving of the notice upon said persons shall be made by publishing the notice once a week for two consecutive weeks in a newspaper printed and published in the City of Albuquerque. A copy of the notice shall be posted in a conspicuous place on the property. A copy of the notice shall be filed and recorded with the County Clerk. A recorded notice shall have the same force and effect as other lis pendens notices provided by law. The recorded notice runs with the property, and subsequent purchasers or grantees shall be deemed notified through the recorded notice in existence at time of conveyance. Subsequent purchasers or grantees acquire the property at their own risk of the contemplated administrative action in the recorded notice, and no further notice shall be due.
(2) Notice of Hearing. The Notice shall inform the parties of interest of the hearing. The Notice shall contain the following statements:
(a) The street address and a legal description sufficient for identification of the premises upon which the building or dwelling or accessory structure is located.
(b) A statement that the department has found the dwelling to be unfit for human habitation with a brief and concise description of the conditions found to render the dwelling in need of immediate abatement or a statement that the department has found the commercial building or accessory structure to be unsafe pursuant to the City of Albuquerque’s Uniform Administrative Code and Technical Codes.
(c) A statement of the action required to be taken as determined by the department, including whether the building or structure must be closed or demolished.
(d) A statement that a hearing will be held by the Independent Hearing Officer and shall be heard in accordance with the provisions in the Independent Hearing Officer Ordinance, Chapter 2, Article 7, Part 8.
(e) A statement that the owner may file an appeal of the Independent Hearing Officer’s order by filing an appeal in District Court, pursuant to NMSA 1978 § 39-3-1.1.
(C) Hearing.
(1) The hearing officer shall determine whether the commercial building or accessory structure is unsafe or the dwelling is unfit for human habitation and shall state findings of fact in support of the determination.
(2) A commercial building or accessory structure is unsafe and a dwelling is unfit for human habitation if any of the following conditions exist:
(a) The commercial building or accessory structure or dwelling is hazardous, dangerous or injurious to the health, safety, or morals of the occupants and those who enter the premises;
(b) The commercial building or accessory structure or dwelling has a blighting influence on properties in the area; or
(c) The commercial building or accessory structure or dwelling has defects or combustible materials increasing the hazards of fire, accidents, or other calamities; or has other poor conditions such as the lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects, or any violation of health, fire, building regulations or any other laws relating to the safe use and occupancy of buildings and improvements.
(3) A hearing shall be conducted by the Independent Hearing Officer in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(4) The hearing shall be held not less than ten days and not more than thirty days after serving the Notice.
(5) If the hearing officer determines that the commercial building or accessory structure is unsafe or that the dwelling under consideration is unfit for human habitation, the hearing officer shall state in writing the following:
(a) Findings of facts in support of the determination; and
(b) The premises must be vacated and secured at all times; and
(c) The owner shall be required to secure the property within 48 hours, and then either repair and bring it into compliance with City codes to eliminate the blighted condition or demolish the building or structure within ninety (90) days, unless an extension is agreed to by the department.
(6) The hearing officer shall issue and serve an order that advises the owner of the owner’s right to file an appeal of the hearing officer’s decision with the City Council. The owner may file a written objection with the City Clerk within ten (10) days of the receipt of the order, asking for a hearing before the City Council. The City Clerk shall deliver the written objection to City Council within fifteen (15) days of receiving the written objection. Such appeal shall be heard after notice at the first available meeting of the City Council. The City Council may affirm, reverse, or modify the decision of the Independent Hearing Officer. Property owners aggrieved by the decision of City Council can appeal to District Court, pursuant to NMSA 1978 § 39-3-1.1.
(D) Enforcement of Order.
(1) If the owner fails to comply with an order to secure the property and then remove or demolish the commercial building or dwelling, the City may cause the commercial building or dwelling to be removed or demolished;
(2) The amount of the cost of removal or demolition by the City shall be filed as a lien against the property. If the commercial building or dwelling is removed or demolished by the City, the City shall sell the salvageable materials. The City shall credit the proceeds of such sale, if applicable, against the cost of the removal or demolition. Any surplus balance remaining shall be deposited in the District Court and shall be secured in the manner as directed by the court and shall be disbursed by the court to the person found to be entitled to any balance by an order or decree of the court.
(E) Civil Abatement Action. Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department to enforce any other City ordinance to prevent or punish violations. The powers conferred by this article shall be in addition to, and supplemental to, powers conferred by any other law.