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 1978, § 47-6-1 et seq. The
remedies provided in these regulations shall be cumulative and not
exclusive.
All written, signed complaints alleging one or more violations
of the provisions of the New Mexico Subdivision Act or these regulations
shall be referred to the Board of County Commissioners for investigation.
The Board of County Commissioners shall direct an investigation of
the complaint and take such action as is warranted. The Board of County
Commissioners shall inform the complainant, in writing, of what actions
have been taken or will be taken in response to the complaint.
Violations of these regulations shall be subject to the following
penalties, remedies, and enforcement procedures:
A.
Utility connections. Any water, sewer, electric, or gas utility that
connects service to individual parcels within 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
1978, § 47-6-27.2, be disconnected. Each connection may
be deemed a separate offense.
B.
Suspension of right of sale. The Board of County Commissioners may
suspend or revoke approval of a plat as to unsold, unleased, 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. The Board of County Commissioners, the
District Attorney, or the Attorney General may apply to the District
Court for any one or more of the following remedies in connection
with violations of the New Mexico Subdivision Act and these regulations:
(1)
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;
(2)
Injunctive relief to compel compliance by any person with the provisions
of the New Mexico Subdivision Act and this chapter;
(3)
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 and/or this chapter;
(4)
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 this chapter;
(5)
A writ of mandamus requiring specific performance or compliance with
the New Mexico Subdivision Act or this chapter.
D.
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.
E.
Criminal penalties. New Mexico Statutes 1978, § 47-6-27,
provides that:
(1)
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 one year, or both; and
(2)
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.
These regulations may be amended from time to time as conditions
warrant. Amendments shall be made by ordinance adopted by the Board
of County Commissioners in accordance with NMSA 1978, § 4-37-1
et seq., as amended.
