(A) Subdivisions.
(1) Generally. Violations of the provisions of these regulations shall be prosecuted in the manner provided by law to protect the health, safety and welfare of the public according to the county's authority under the New Mexico Subdivision Act, NMSA §§ 47-6-1 et seq. The remedies provided in these regulations shall be cumulative and not exclusive.
(2) Investigation of alleged violations.
(a) All written, signed complaints alleging 1 or more violations of the provisions of the New Mexico Subdivision Act or these regulations shall be referred to the County Planning and Zoning Administrator for investigation.
(b) The County Planning and Zoning Administrator shall investigate the complaint and take action as is warranted, or make a written recommendation to the Board of County Commissioners of what action is warranted. The County Planning and Zoning Administrator shall inform the complainant in writing of what actions have been taken or will be taken in response to the complaint.
(3) Penalties and remedies.
(a) Utility connections. Any water, sewer, electric, or gas utility that connects service to individual parcels with a subdivision before a final plat for the subdivision has been approved by the Board of County Commissioners or before the landowner holds a valid building permit, may be fined a civil penalty of up to $500 by the Board of County Commissioners. The Board of County Commissioners may also require that any utility connected in violation of this section and of NMSA § 47-6-27.2 be disconnected.
(b) Suspension of right of sale. The Board of County Commissioners may suspend or revoke approval of a plat as to unsold, leased or otherwise not conveyed portions of a subdivider's plat if the subdivider does not meet the schedule of compliance approved by the Board of County Commissioners.
(c) Injunctive relief, mandamus.
1. Generally. The Board of County Commissioners, the District Attorney, or the Attorney General may apply to the District Court for any 1 or more of the following remedies in connection with violations of the New Mexico Subdivision Act and these regulations:
a. Injunctive relief to prohibit a subdivider from selling, leasing or otherwise conveying any interest in subdivided land until the subdivider complies with the terms of the New Mexico Subdivision Act and these regulations;
b. Injunctive relief to compel compliance by any person with the provisions of the New Mexico Subdivision Act and these regulations;
c. Rescission and restitution for persons who have purchased, leased or otherwise acquired an interest in subdivided land that was divided, sold, leased or otherwise conveyed in material violation of the New Mexico Subdivision Act or these regulations; or
d. A civil penalty of up to $5,000 for each parcel created in knowing, intentional or willful violation of the New Mexico Subdivision Act or these regulations.
2. Bond not required. The Board of County Commissioners, the District Attorney and the Attorney General shall not be required to post bond when seeking a temporary or permanent injunction or mandamus according to the provisions of the New Mexico Subdivision Act.
3. Criminal penalties. NMSA § 47-6-27 provides that:
a. Any person who knowingly, intentionally, or willfully commits a material violation of the New Mexico Subdivision Act is guilty of a misdemeanor, punishable by a fine of not more than $10,000 per violation, or by imprisonment for not more than 1 year, or both; and
b. Any person who is convicted of a second or subsequent knowing, intentional or willful violation of the New Mexico Subdivision Act is guilty of a fourth degree felony, punishable by a fine of not more than $25,000 per violation or by imprisonment for not more than 18 months, or both.
(4) Fines. Any violation of the provisions of these regulations is punishable by a fine not to exceed $300 or imprisonment for not more than 90 days, or both, in accordance with NMSA § 4-37-3.
(Ord. passed 5-1-2000)
(B) Uniform addressing. Any person, firm or corporation failing to comply with §§ 151.175 et seq. is in violation of this subchapter and shall be subject to a fine of $5 for each day that the violation continues.
(Ord. passed 7-13-1984)