A. Removal Of Condemned Buildings:
1. City Authority To Require Removal: Whenever any building or structure is ruined, damaged and dilapidated, or any premises is covered with ruins, rubbish, wreckage or debris, the Governing Body may, by resolution, find that the ruined, damaged and dilapidated building, structure or premises is a menace to the public comfort, health, peace or safety and require the removal from the City of the building, structure, ruins, rubbish, wreckage or debris.
2. Notice To Owner; Posting On Premises: A copy of the resolution shall be served on the owner, occupant or agent in charge of the building or premises. If the owner, as shown by the real estate records of the County Clerk, occupant or agent in charge of the building, structure or premises cannot be served within the City, a copy of the resolution shall be posted on the building, structure or premises and a copy of the resolution shall be published one time in the regular manner as are proposed ordinances and one time in a newspaper of general circulation in the City.
3. Time Limit For Removal: Within ten (10) days of the receipt of a copy of the resolution or of the posting and publishing of a copy of the resolution, the owner, occupant or agent in charge of the building, structure or premises shall commence moving the building, structure, ruin, rubbish, wreckage or debris, or file a written objection with the City Clerk-Treasurer asking for a hearing before the Governing Body of the City.
4. Action On Written Objection; Hearing: If a written objection is filed as required, the Governing Body shall:
a. Fix a date for a hearing on its resolution and objection;
b. Consider all evidence for and against the removal resolution at the meeting; and
c. Determine if its resolution should be enforced or rescinded.
5. Appeal To District Court: Any person aggrieved by the determination of the Governing Body may appeal to the District Court as provided in New Mexico Statutes Annotated section 3-18-5.
6. Failure To Remove; City Abatement; Costs: If the owner, occupant or agent in charge of the building, structure or premises fails to commence removing the building, structure, ruins, rubbish, wreckage or debris:
a. Within ten (10) days of being served a copy of the resolution or of the posting and publishing of the resolution;
b. Within five (5) days of the determination of the Governing Body that the resolution shall be enforced; or (Ord. 1984-11, 8-7-1984)
c. After the District Court enters judgment sustaining the determination of the Governing Body, the City may remove the building, structure, ruins, rubbish, wreckage or debris at the cost and expense of the owner. The reasonable cost of removal shall be a lien in favor of the City as provided in New Mexico Statutes Annotated section 3-18-5. The lien shall be foreclosed in the manner provided in New Mexico Statutes Annotated sections 3-36-1 through 3-36-7. (Ord. 1984-11, 8-7-1984; amd. 2000 Code)
7. Payment Of Removal Costs; Title To Salvageable Materials: The City may pay for the costs of removal of any condemned building, structure, wreckage, rubbish or debris by granting the person removing such materials, the legal title to all salvageable materials in lieu of all other compensation.
8. Condition Of Premises Following Removal: Any person removing any condemned building, structure, wreckage, rubbish or debris shall leave the premises from which the material has been removed in a clean, level and a safe condition suitable for further occupancy or construction and with all excavations filled.
B. Clearing Premises After Demolition Of Building: When any building has been demolished, the person demolishing it shall promptly clear the premises and all adjacent streets, sidewalks and alleys of all debris, refuse and loose material resulting from the demolition.
C. Repair Of Building: Any existing building within the City, which may be damaged by fire, decay or otherwise, to an extent in which repair will exceed one-half (½) of the building's value at the time of this damage, exclusive of the foundation, shall not be repaired or rebuilt 1 but shall forthwith be removed by the owner or owner's representative within sixty (60) days after notification in writing by certified mail from the City Building Inspector to the owner or owner's representative.
D. Building Material In Public Right Of Way Or Gutters:
1. No person shall place any stone, brick, lumber, debris or other like material in the public right of way except for the purpose of building. Such material shall not be allowed to remain in the public right of way after the completion of the building nor shall it be allowed to occupy or obstruct more than one-half (½) of any public right of way. Immediately on the completion of every such building, the dirt and debris shall be removed by the owner or contractor.
2. The gutter of any street shall not at any time be obstructed by building material which prevents the free passage of water along the gutter. (Ord. 1984-11, 8-7-1984)