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(A) The City Commission of the City of Raton (city) finds, determines, and declares that residential, commercial and industrial buildings and structures which remain vacant and unoccupied for any appreciable period of time have a negative impact on surrounding properties and the community and contribute to blight, increase the risk of vandalism and arson in buildings, reduce community property values and tax base, and require additional public services. It is also determined that vacant buildings of relatively large area represent disproportionate adverse impacts to the community relative to smaller buildings. It is the purpose and intent of the city to protect the public health, safety and well-being by enactment of this chapter to:
(1) Establish a process to address the significant number of vacant, abandoned, foreclosed, and/or otherwise distressed buildings and structures located within the city;
(2) To identify, register, regulate and reduce the number of vacant, abandoned or dilapidated primary buildings and structures located within the city;
(3) To create conditions favorable to the general welfare, prosperity and harmonious development of the city;
(4) To establish the responsibilities of owners of vacant buildings and structures and to acknowledge community impacts resulting from long-term vacancy of buildings and structures;
(5) Reduce, minimize or eliminate the negative impacts on surrounding properties and neighborhoods from unsupervised vacant, abandoned, and foreclosed buildings and structures;
(6) Provide for administration, enforcement and imposition of fees and penalties related to this chapter.
(B) This chapter shall apply to all vacant, abandoned, and foreclosed primary residential, commercial, and industrial buildings and structures within the City of Raton, New Mexico. This chapter shall apply to any such described building that is fully intact, partially removed, burned, demolished or destroyed, or a building in which any portion of the structure is remaining in place or on the site.
(C) Further, it is found to be in the public interest for the city to impose a fee in conjunction with registration of vacant, abandoned, and foreclosed primary buildings and structures to offset the disproportionate costs imposed on the city by the presence of these properties.
(Ord. 1012, passed 4-27-2021)
This chapter shall not be construed to prevent the enforcement of other applicable ordinances, statutes, codes, legislation, or regulations that prescribe standards other than are provided herein, and in the event of conflict, the most restrictive shall apply.
(Ord. 1012, passed 4-27-2021)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Means a parcel of real property that is vacant or unoccupied in any manner for a period of more than 180 days and is under a current notice of default or notice of trustee's sale, or has been the subject of a foreclosure sale where the title was retained by the beneficiary involved in the foreclosure, or has been transferred under a deed in lieu of foreclosure. Property will be presumed abandoned when mortgage or tax foreclosure proceedings have been initiated for that property, no mortgage or tax payments have been made by the property owner for at least 180 days, and the property has been vacant for at least 180 days. A dwelling may not be considered abandoned if all appropriate permits are issued, in force, and construction is ongoing.
BUILDING. Any structure occupied or intended for supporting or sheltering any occupancy.
CODE ENFORCEMENT OFFICER. Referred to throughout this chapter as Officer, means the designated Code Enforcement Official of the City of Raton or authorized designate that may include (but not be limited to) any law enforcement officer, building official, zoning official, fire inspector or building inspector, or other person authorized by the city to enforce the applicable code(s).
CONSTRUCTION ACTIVITY. Construction activity conducted pursuant to a valid building permit.
EVIDENCE OF VACANCY. In determining whether a building or structure is "vacant," the city may consider the factors listed herein, among others. A building or structure may be deemed vacant if:
(1) It is unoccupied and uninhabited; is occupied or inhabited in violation of any provision of the City Code or the applicable Building Code; is subject to a declaration of condemnation; or is occupied only by trespassers or transients seeking a temporary hiding place or shelter;
(2) It is a building or structure at which lawful business, construction operation or residential occupancy is at a level of at least 95% vacant;
(3) It is unsafe, unsanitary, a fire hazard or otherwise constitutes a danger to the public health, safety or welfare in violation of the applicable Building Code, applicable Housing Code, Fire Code or other applicable code;
(4) It lacks active utilities service;
(5) It has been abandoned by the owner;
(6) It is under a condemnation notice or order to vacate;
(7) It does not receive mail service;
(8) It is not in compliance with the housing, electrical, mechanical, plumbing, or building codes;
(9) There appears to have no lawful occupant;
(10) It has one or more broken or boarded windows;
(12) It is open to casual entry or trespass;
(13) It does not appear to be furnished;
(14) It is deteriorating due to a lack of maintenance or neglect;
(15) It has taxes in arrears for more than one year;
(16) It is a potential hazard or danger to the safety of persons;
(17) It is structurally unsound;
(18) It does not economically perform as a commercial structure would in generating income for the business/property owner and gross receipts tax (GRT) for the local government;
(19) It is utilized solely for personal or private storage of vehicles, equipment, machinery, supplies, parts or miscellaneous without an active residential, commercial or industrial purpose;
(20) The lawful activity that the building or structure was designed and built for or intended to be used for has ceased for a period of 180 days; or
(21) Or any other condition or circumstance observed by the Code Enforcement Officer that causes the Officer to reasonably believe the building is not lawfully occupied.
JURISDICTION. The City of Raton.
MANAGER. Means the City Manager of the City of Raton or authorized designate thereof.
OWNER.
(1) Any person, partnership, association, corporation, operator, firm, legal representative, agent or entity having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(2) The owner shall include, but not be limited to, a trustee, mortgagee or financial institution which is in possession (in whole or in part) of the real property, is a beneficiary under a trust deed, is identified as having or claiming a lien interest, or that is foreclosing a lien or mortgage interest in the property but mayor may not have legal or equitable title.
STORAGE BUILDING. Means building, structure or complex that is specifically designed and intended for storage and is actively operated as a commercial storage enterprise.
VACANT BUILDING. Vacant building means any structure or building that is unoccupied by a person or occupied by unauthorized persons for 180 days.
(1) VACANT BUILDING does not include permitted warehouses; permitted storage structures;
or structures being newly constructed or under substantial rehabilitation within the terms of their building and zoning permits for a period of one year from the later of the date of issuance of the building permit or the date of the issuance of the zoning permit.
(2) VACANT BUILDING includes each individual vacant mobile home (separately) located in a mobile home park, mobile home subdivision or in any other location in the city, buildings utilized for non-commercial storage or warehousing, and each discrete primary building or building unit that is vacant.
(3) VACANT BUILDING does not include an accessory structure that is not intended for occupancy, such as a garage, shed, or storage building when a primary building exists on the property of record and is occupied.
WAREHOUSE. Means building, structure or complex where raw materials or manufactured goods are stored before their export or distribution for sale, and is actively operated as a commercial or industrial warehouse enterprise.
(Ord. 1012, passed 4-27-2021)
If any section, subsection, paragraph, sentence, clause, phrase or part hereof is declared unconstitutional or invalid, the validation of the remaining portions shall not be affected, since it is the express intent of the City Commission of the City of Raton to pass each section, subsection, paragraph, sentence, clause, phrase or provisions, and every part thereof separately and independently of every other part.
(Ord. 1012, passed 4-27-2021)
(A) Any government agency or entity that owns vacant property will be exempt from the requirements of this chapter. For the purposes of this chapter, any insured mortgage or financing provision from or through a federal, state or local government housing program shall not be considered a government agency or entity and shall not be exempt from the requirements of this chapter. Ownership acquired through a federal or state housing program foreclosure shall also not be exempt from the provisions of this chapter.
(B) Residential housing and rental units will be exempt from the requirements of this chapter provided the vacancy rate of the building they are situated in does not exceed 75%.
(Ord. 1012, passed 4-27-2021)
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