(A) Removal by the city. The city may remove, cover up or otherwise abate the graffiti at the cost and expense of the owner, possessor or person primarily responsible for the graffitied property if the owner, possessor or person primarily responsible for the graffitied property fails to correct, remedy or remove the graffiti:
(1) Within 30 days of being served a copy of the notice or of the posting and publishing of the notice;
(2) Within five days of the determination by the Planning and Zoning Commission that graffiti exists and should be abated; or
(3) After the District Court enters judgment sustaining the determination of the Planning and Zoning Commission.
(B) Cost a lien. The reasonable costs incurred by the city in removing, covering or otherwise abating graffiti shall constitute a lien against any real property from which it was removed.
(C) Notice of lien. Once the removal has taken place and the reasonable costs of removal incurred by the city can be calculated, the City Clerk shall prepare a notice of lien for filing in the office of the County Clerk which shall contain the following information:
(1) The number of the ordinance under which the lien is established;
(2) The fact that a lien is established;
(3) The general purpose of the lien;
(4) The name of the owner of the property against which the lien is established as determined from the records of the County Assessor;
(5) A description of the property against which the lien is established;
(6) The amount of the lien; and
(7) If the lien is for more than one period of time, the date for which the lien is established.
(D) Foreclosure. Following the recording of the notice of lien, the governing body may declare the full amount due and payable and proceed with foreclosure proceedings on the subject property in the manner provided in NMSA §§ 3-36-1 through 3-36-6.
(E) Release of lien. If the lien is paid off at any time prior to foreclosure, including any accrued interest, the City Clerk shall release the lien in the manner specified in NMSA § 3-36-3.
(Ord. 2010-017, passed 2-15-2023) Penalty, see § 130.99