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Lovington Overview
Lovington, NM Code of Ordinances
CITY OF LOVINGTON, NEW MEXICO CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 RESERVED
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 RESERVED
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 RESERVED
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 RESERVED
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISION OF LAND
Title 17 ZONING
STATUTORY REFERENCES FOR NEW MEXICO MUNICIPALITIES
CROSS-REFERENCE TABLE
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17.08.030   Board of appeals-Powers.
   The board shall have the following powers:
   A.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title.
   B.   Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of this title would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, the board is empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardship.
   C.   Upon appeal, the board is empowered to permit the following exceptions:
      1.   To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record;
      2.   To permit the reconstruction of a nonconforming building which has been destroyed, or partially destroyed, by fire, or act of God where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly;
      3.   To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare;
      4.   To interpret the provisions of the title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this title. (Prior code § 11-3-8 (d))
17.08.040   Appeals procedures.
   A.   Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board by general rules, by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.
   B.   An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application or notice to the building inspector and on due cause shown.
   C.   The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties in interest and decide the same within a reasonable time.
   D.   Upon the hearing, any party may appear in person or by agent or by attorney.
   E.   The concurring vote of two-thirds of all the members of the city commission shall be required to revise any order, requirement, decision or determination of the building inspector or to decide a case in favor of an applicant.
   F.   A fee of fifteen dollars shall be paid to the building inspector at the time the notice of appeal is filed, which the building inspector shall forthwith pay over to the city clerk to the credit of the general revenue fund of the city. (Prior code § 11-3-8 (c))
17.08.050   Building inspector-Enforcement of title.
   A.   Duties in General. The city manager or his designee shall serve as city building inspector. It shall be the duty of the building inspector to enforce this title. The building inspector shall receive applications required by this title, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspection to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when requested by the city commission, or when the interests of the municipality so require, make investigations in connection with matter referred to in this title and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary.
   B.   Inspections. Inspections shall be made by the building inspector or a duly appointed assistant.
   C.   Adoption of Rules. For carrying into effect this title's provisions, the building inspector may adopt rules consistent with this title.
   D.   Keeping Records. The building inspector shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the building inspector.
   E.   Assistance of Other Officials. The building inspector may request in the discharge of his duties, the assistance and cooperation of the city engineer in fixing grades, of the chief of police in enforcing orders, of the city attorney in prosecuting violations, and of other city officials. (Amended during 1992 codification; prior code § 11-3-9 (a-d, e (1))
17.08.060   Planning and zoning commission-Appeals hearing.
   A.   The city planning and zoning commission shall act in an advisory capacity to the board of appeals in any appeal taken under the provisions of this title, but shall exercise no judicial or legislative authority in so doing. For that purpose it shall be the duty of the commission to hold an open hearing on all matters appealed to the board of appeals in advance of the hearing by the board. Each party to the appeal shall be given three days' notice in writing of such hearing.
   B.   It shall be the duty of the building inspector to present a statement of the controversy being appealed to the commission.
   C.   Any person who is a party to the appeal and any officer, department, board or bureau of the city affected by the decision appealed shall have the right to be heard before the planning and zoning commission.
   D.   The city planning and zoning commission shall have the power to promulgate rules and regulations governing hearings held by it under this chapter. At the conclusion of the hearing the planning and zoning commission shall, by a majority vote, recommend to the board of appeals that the action appealed from either be sustained, reversed or reversed in part. Such recommendation shall be advisory only and may be considered by the board of appeals in considering the appeal, but shall not be binding upon it.
   E.   Nothing contained in this section shall prevent the board of appeals from hearing and determining any appeal taken under this title without having received the recommendation of the city planning and zoning commission, if a report by the commission has not been submitted to the board within fifteen days from filing of the notice of appeal as provided in subsection A of this section. (Prior code § 11-3-9 (e)(2-5))
17.08.070   Permit-Required.
   It is unlawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the building inspector an application in writing and obtaining a formal permit. (Prior code § 11-3-10 (a))
17.08.080   Permit-Application.
   A.   An application for a permit shall be submitted in such form as the building inspector may prescribe.
   B.   Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application.
   C.   Such application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers.
   D.   Such application shall describe briefly the proposed work and shall give such additional information as may be required by the building inspector for an intelligent understanding of the proposed work.
   E.   Application for permit shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structure details, as the building inspector may require.
   F.   There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale with all dimensions figured, showing accurately the size and exact location of all proposed new construction, or, in the case of demolition, of such construction as is to be demolished, and of all existing buildings and structures that are to remain.
   G.   Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendment, after approval, shall be filed with and be deemed a part of the original application.
   H.   Nothing in this section shall require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun on or before May 12, 1971 and which entire building shall be completed, as authorized, within two years thereafter. (Prior code § 11-3-10 (b-f))
17.08.090   Application-Timely action on.
   It shall be the duty of the building inspector, to examine applications for permits, within a reasonable time after filing. If, after examination, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he will reject such application, noting his findings in a report to be attached to the application and delivering a copy to the applicant. (Prior code § 11-3-10 (g))
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