(A) It may be necessary to make on-site inspections to assure compliance of the provisions of this chapter:
(1) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, any official representative of the city may enter the premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this chapter, provided that, if the premises be occupied, he or she shall present proper identification and request entry. If the premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry. If entry is refused or if the owner or other responsible person is not found, the city representative shall proceed to obtain a search warrant through the Municipal Court or district court, upon oath or affirmation.
(2) 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 has refused entry;
(c) State that inspection of the premises, or portion thereof, is necessary to determine whether it complies with the requirements of this chapter;
(d) Set forth the particular provisions of this chapter sought to be enforced;
(e) Set forth any other reason necessitating the inspection including knowledge or belief that a particular condition exists on the premises, or portion thereof, which constitutes violation of this chapter; and
(f) State that the complainant is authorized by the city to make the inspection.
(3) Each inspector shall be furnished with an identification card indicating his or her authority and must present same to the court for the purpose of this division and to other persons, when requested to do so during the performance of his or her duties. No owner or occupant or any other person having charge 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 this chapter.
(B) When, after investigation, an order has been issued by the City Engineer or inspector to the owner of the property on which a violation has occurred and the order is not complied with, within the reasonable time as may be prescribed by the City Engineer, or if the responsible party or violator cannot be found or determined, the City Engineer may cause the remedies as are necessary to be made. The reasonable cost of the remedies shall constitute a lien against the property on which the violation occurred and was remedied. The lien shall be imposed and foreclosed in the manner provided for in NMSA §§ 3-36-1 through 3-36-6, as amended.
(C) Any person or persons failing to comply with the provisions of this chapter shall be subject to a fine not to exceed $500 or up to 90 days imprisonment or a combination thereof. Each day the violation is allowed to continue may be considered a separate offense.
(Ord. 77, passed 1-5-2005)