(A) In instances where a building or structure is ruined, damaged and dilapidated, or any premise is covered with ruins, rubbish, wreckage or debris, the governing body shall be entitled to enforce this chapter by following the process prescribed by state statute at NMSA 1978, § 3-18-5 as an alternative to the enforcement options available under § 135.08, above.
(B) The reasonable costs incurred by the city in removing any building, structure, ruins, rubbish, wreckage or debris, pursuant to division (A) of this section, shall constitute a lien against the building, structure, ruin, rubbish, wreckage or debris so removed and against the lot or parcel of land from which it was removed.
(1) Alternatively, the city may pay for the costs of removal of any condemned building, structure, wreckage, rubbish or debris by granting to the person removing such materials the legal title to all salvageable materials in lieu of all other compensation.
(C) 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) 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 1978, §§ 3-36-1 through 3-36-6.
(1) 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 1978, § 3-36-3.
(Ord. 173, passed 7-21-2021)