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§ 14-5-2-14  ENFORCEMENT.
   (A)   Inspection Procedures.
      (1)   Whenever it is necessary to make an inspection to enforce any of the provisions of §§ 14-5-2-1 et seq., the City Engineer or his or her authorized representative may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon him by §§ 14-5-2-1 et seq.; provided that if such premises be occupied, he or she shall first present proper credentials and demand entry; and if such premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and demand entry.  If entry is refused or if the owner or other responsible person is not found, the City Engineer or his or her authorized representative shall proceed to obtain a search warrant by filing a complaint made in the Metropolitan Court or District Court upon oath or affirmation.  The complaint shall:
         (a)   Set forth the particular premises, or portion thereof, sought to be inspected;
         (b)   State that the owner or occupant of the premises, or portion thereof, has refused entry;
         (c)   State that inspection of the premises or portion thereof is necessary to determine whether it complies with the requirements of §§ 14-5-2-1 et seq.;
         (d)   Set forth the particular provisions of §§ 14-5-2-1 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 premises, or portion thereof which constitutes a violation of §§ 14-5-2-1 et seq.; and
         (f)   State that the complainant is authorized by the city to make the inspection.
      (2)   Each inspector shall be furnished with a City of Albuquerque identification card and must present same to other persons, when requested to do so during the performance of his or her duty.  No owner or occupant or any other person having charge, care or control of any 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 §§ 14-5-2-1 et seq.
   (B)   Where, after investigation, an order has been issued by the City Engineer to the owner of the property on which a violation has occurred and the order is not complied with within 30 days for post-construction violations and within seven days for construction violations, or such longer reasonable time as may be prescribed by the City Engineer, or if the responsible party or violator cannot be found or determined, the violator shall be subject to the penalty provisions set forth in § 1-1-99 of this code of ordinances up to $500 per day. Each day of violation is considered a separate offense.
   (C)   In addition to any fines or penalty provisions set forth in  §§ 14-5-2-1 et seq. and § 1-1-99 of this code, the city may enforce §§ 14-5-2-1 et seq. through any other legal or equitable actions deemed necessary and appropriate by the City Engineer.  Fines, costs of remedial action, damages, or any other expenses attributable to an owner under §§ 14-5-2-1 et seq. may be enforced by the city as a lien against the property as provided in Section 3-36-2 NMSA 1978.  Such municipal lien shall attach to the property and be subject to foreclosure as provided in Sections 3-36-1 to 3-36-7 NMSA 1978.
('74 Code, § 7-9-14A,B)  (Ord. 63-1982; Am. Ord. 2013-016; Am. Ord. 2018-020