(A) Objection.
(1) Any aggrieved property owner or occupant may file a written objection to the notice issued by the county official. The objection shall be filed in the office of the Manager.
(2) If a written objection is filed as required in this section, the Commission shall:
(a) Fix a date for a hearing on its resolution and the objection;
(b) Consider all evidence for and against the removal resolution at the hearing under oath or affirmation; and
(c) Determine if its resolution should be enforced or rescinded.
(B) Appeal.
(1) Any person aggrieved by the determination of the Commission may appeal to the District Court by:
(a) Giving notice of appeal to the Manager within 30 days after the determination made by the Commission; and
(b) Filing a petition in the District Court within 30 days after the determination made by the Commission.
(2) The District Court shall hear the matter as provided by law and enter judgement in accordance with its findings.
(C) Failure to act.
(1) If the property owner or occupant or agent in charge of the building, structure or premise fails to commence removing the building, structure, ruins, rubbish, wreckage or debris:
(a) Within 10 days of being served a copy of the resolution or of the posting and publishing of the resolution;
(b) Within 5 days of the determination by the Commission that the resolution shall be enforced; or
(c) After the District Court enters judgement sustaining the determination of the Commission, the county may remove the building, structure, ruins, rubbish, wreckage or debris at the cost and expense of the property owner.
(2) (a) The reasonable cost of the removal shall constitute a lien against the building, structure, ruin, rubbish, wreckage or debris so removed and against the lot or parcel of land from which it was removed.
(b) The lien shall be foreclosed in the manner provided in NMSA §§ 3-16-1 et seq. and 4-37-1 et seq.
(c) The resolution adopted by the Commission shall be filed and recorded with the County Clerk.
(d) Whenever the repairs ordered shall have been completed or the building(s) demolished and removed from the property so that it no longer exists as an abandoned buildings, structures, mobile or manufactured housing, wreckage or debris on the property described in the resolution, the county official shall file a new certificate with the County Clerk certifying that the building or premise has been demolished and disposed of from the premises or all required repairs have been made so that the building or premise is no longer a public nuisance, whichever is appropriate.
(D) Effective date of decision. The effective date of the decision shall be the date of the formal vote of the Board of Commissioners.
(E) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.
(Ord. 2003-2, passed 12-17-2003) Penalty, see § 10.99