(A) Purpose and intent. The purpose of this section is to provide the City of Elephant Butte the mechanisms to enforce the zoning chapter and penalize those violating such provisions.
(B) Enforcement officer. The Code Enforcement Officer or any individual so authorized by the City of Elephant Butte will have the authority and duty to enforce this chapter.
(C) Violations and violations of conditions.
(1) If the Enforcement Officer finds that any of the conditions of an approved use are being violated, he shall notify in writing, the owner, tenant, agent, occupant, or person in possession of the premises, indicating the nature of the violation and ordering its correction by a date certain, to be determined by the Enforcement Officer but not to exceed 60 days duration from the date notification is sent.
(2) The Enforcement Officer is hereby authorized to issue citations for violations of this chapter. Such citations shall order the alleged violator to appear on a date certain in City of Elephant Butte Municipal Court at the next regularly scheduled Court session or any special setting the Judge may designate. Failure to abate the violation will result in prosecution in Municipal Court.
(3) Upon failure by responsible parties to abate the violation, the Enforcement Officer shall initiate the process to abate the violation from the subject premise.
(4) Any costs incurred by the City of Elephant Butte may be secured by lien on the property or through Court action in the sole discretion of the City of Elephant Butte.
(D) Information and records. The City of Elephant Butte Council shall make available to the public the information contained in this chapter, as well as maintain the Zone Map. They shall make available to the public the appropriate forms necessary for compliance with the requirements of this chapter.
(E) Inspections.
(1) The Enforcement Officer may conduct inspections from the rights-of-way and may determine if the zoning violation exists on the subject property. Consent of the property owner is not required.
(2) The Enforcement Officer may conduct an inspection within property with voluntary consent of an occupant or custodian of the premises or vehicles to be inspected to determine the existence or nonexistence of violations.
(a) Before inspection occurs, the Enforcement Officer shall send a request by first class mail to the property owner and schedule a time for the inspection.
(b) Inspections shall be carried out with due regard for the convenience and privacy of the occupants, and during the daytime unless, because of the nature of the premises, the convenience of the occupants, the nature of the possible violation, or other night.
(c) Unless advance notice would be likely to cause the suspected violation to be temporarily eliminated to frustrate enforcement, notice of the purpose and approximate time of an inspection of an area not open to the general public shall be sent to the occupants or custodians of premises or vehicles to be inspected not less than 10 days before inspection is made.
(3) The Enforcement Officer may conduct an inspection within property without voluntary consent.
(a) When consent to an inspection is refused or is otherwise unobtainable within 30 days, the Enforcement Officer shall make application for an inspection order or search warrant to a court having jurisdiction over the premises or vehicle to be searched. The application shall set forth or describe:
1. The location of the particular vehicle or premises to be inspected and the name of the owner or occupant;
2. That the owner or occupant of the premises or vehicle refused consent to inspection;
3. That inspection of the premises or vehicle is necessary to determine whether they comply with the requirements of this chapter;
4. Any other reason requiring the inspection, including knowledge or belief that a particular condition exists in the premises or vehicle which constitutes a violation of this chapter; and,
5. That the Enforcement Officer is authorized by the City of Elephant Butte to make the inspection.
(b) The application shall be granted and the inspection order or search warrant served by a law enforcement officer, issued upon a sufficient showing that inspection in the area in which the premises or vehicles in question are located, or inspection of the particular premises or vehicles, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The court shall make and keep a record of the proceedings on the application, and enter thereon its findings in accordance with requirements of this section.
(Ord. 87, passed 11-2-2005; Am. Ord. 94, passed 8-3-2006)