[HISTORY: Adopted by the Board of County Commissioners of
Otero County 3-3-2022 by Ord. No. 22-02. Amendments noted where applicable.]
STATE LAW REFERENCES
County ordinances — See NMSA 1978, § 4-37-1
et seq.
Dangerous building or debris; removal; notice; right of municipality
to remove; lien — See NMSA 1978, § 3-18-5.
Municipal liens — See NMSA 1978, § 3-36-1
through § 3-36-6.
The health, safety and welfare of the residents of Otero County
require regulation of the abatement, removal and condemnation of dangerous
or dilapidated buildings, premises or structures, including abandoned
structures, mobile homes and manufactured homes, within Otero County.
NMSA § 4-37-1 provides that all counties are granted the
same powers of municipalities and included in this grant of powers
are those powers necessary and proper to provide for the safety, preserve
the health, promote the prosperity, and improve the morals, order,
comfort and convenience of Otero County and its inhabitants. NMSA
§ 3-18-5 provides statutory authorization for county adoption
of an ordinance providing for the abatement or removal of ruined,
damaged and dilapidated buildings, structures and premises.
Whenever any building or structure, which shall include mobile
homes and manufactured homes, is ruined, damaged and dilapidated,
or any premises is covered with ruins, rubbish, wreckage or debris,
the Board of County Commissioners may by resolution find that the
ruined, damaged and dilapidated building, structure, mobile home,
manufactured home or premises is a menace to the public comfort, health,
peace or safety and require the removal of the building, structure,
mobile home, manufactured home, ruin, rubbish, wreckage or debris.
A copy of the resolution shall be served on the owner, occupant
or agent in charge of the building, structure, mobile home, manufactured
home 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, mobile home, manufactured home or premises cannot be served
within the County, a copy of the resolution shall be posted on the
building, structure, mobile home, manufactured home or premises, and
a copy of the resolution shall be published one time in a local newspaper
of general circulation in the County.
Within 10 days of 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, mobile home,
manufactured home or premises shall commence removing the building,
structure, mobile home, manufactured home, ruin, rubbish, wreckage
or debris, or file a written objection with the County Clerk asking
for a hearing before the Board of County Commissioners.
If a written objection is filed as provided in §
116-4, the Board of County Commissioners shall:
A. Fix a date for a hearing on its resolution and the objection;
B. Consider all evidence for and against the resolution at the hearing;
and
C. Determine if its resolution shall be enforced or rescinded.
Any person aggrieved by the determination issued by the Board of County Commissioners made pursuant to §
116-5 may appeal to the District Court by:
A. Giving written notice of appeal to the Board of County Commissioners
within five days after the determination made by the Board of County
Commissioners; and
B. Filing a petition in the District Court within 20 days after the
determination made by the Board of County Commissioners. The District
Court shall hear the matter de novo and enter a judgment in accordance
with its findings.
If the owner, occupant or agent in charge of the building, structure,
mobile home, manufactured home or premises fails to commence removing
the building, structure, mobile home, manufactured home, ruins, rubbish,
wreckage or debris within 10 days of being served a copy of the resolution
or of the posting and publishing of such resolution, or within five
days of the determination by the Board of County Commissioners that
the resolution shall be enforced, or after the District Court enters
judgment sustaining the determination of the Board of County Commissioners,
the County may remove or may contract for the removal of the building,
structure, mobile home, manufactured home, ruins, rubbish, wreckage
or debris at the cost and expense of the owner. The reasonable cost
of the removal shall constitute a lien against the building, structure,
mobile home, manufactured home, ruin, rubbish, wreckage or debris
so removed and against the lot or parcel of land from which it was
removed. The lien shall be foreclosed in the manner provided in NMSA
§ 3-36-1 through § 3-36-6.
The County may pay for the cost of removal of any condemned
building, structure, mobile home, manufactured home, wreckage, rubbish
or debris by granting to the person removing such materials the legal
title to all salvageable materials in lieu of all other compensation.
Any person or firm removing any condemned building, structure,
mobile home, manufactured home, wreckage, rubbish or debris shall
leave the premises from which the material has been removed in a clean,
level and safe condition, suitable for further occupancy or construction,
and with all excavations filled.