(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NON-VACANT LOT. Any lot other than a vacant lot.
RUBBISH. Trash and waste fragments, including, but not by way of limitation, refuse, old rags, metals, rubber, glass parts of machines and vehicles, waste paper, cloth, textiles, and old lumber having only salvage value, and any and all other materials and junk having little or no value.
VACANT LOT. Any lot which is not being used for dwelling or business purposes and which is not being used as a junk yard as is authorized under § 94.01.
WEEDS. All vegetation allowed to grow to a height of 12 inches or more, except for trees and cultivated, ornamental shrubs and flowers.
(B) It shall be the duty of all persons, firms, partnerships, and corporations, who own vacant lots or non-vacant lots within the corporate limits of the Town of Clayton, New Mexico, to keep the vacant lots or non-vacant lots free and clear of all junk, weeds and rubbish.
(C) (1) It shall be the duty of the Clerk-Treasurer of the Town of Clayton, New Mexico, whenever it shall come to his or her attention that there is junk and/or rubbish on a vacant lot or non-vacant lot or that a vacant lot or non-vacant lot is overgrown with weeds, and the lot is within the corporate limits of the Town of Clayton, New Mexico, to notify the owner of the lot, asking him or her to remove the junk, rubbish and/or weeds.
(2) If, within 10 days of such notification, the owner has failed to comply with the notice, the town shall clear the lot of the junk, rubbish and/or weeds.
(C) Charges for the clearing of the lot and the removal of the junk, rubbish and/or weeds by the Town of Clayton, New Mexico, shall constitute liens upon the property so cleared, and shall be filed of record in the office of the County Clerk of Union County, New Mexico. These liens shall be superior to all other liens, except general property taxes and may be foreclosed in the manner provided for by- law for the foreclosure of municipal assessment liens.
(D) In addition to or in lieu of the enforcement provisions of division (C) above, in the event that a vacant lot or non-vacant lot is not in compliance with the requirements of division (B), the owner of such lot may be cited into Municipal Court, and upon being found by the Municipal Judge to be guilty of the violation fined as set forth in § 96.99.
(E) This section is effective 30 days after passage.
(Ord. 572, passed 3-11-1991)