(a)

Complaints regarding violations. Whenever the planning director, code enforcement personnel or building official receives a written, signed complaint alleging a violation of this code, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant what actions have been or will be taken.

(b)

Persons liable. The owner, agent, lessee, tenant, occupant, architect, building contractor or any other person who commits, takes part in, assists, directs, creates, or maintains any violation of this code within all or a portion of a structure or premises, may be held responsible for the violation, suffer the penalties and be subject to the remedies provided herein and section 1-6 of the Municipal Code of Ordinances.

(c)

Procedures upon discovery of violation.

1.

Notice. If the city finds that any provision of this code is being violated, the code enforcement officer shall send a written notice to the person or persons responsible for such violation, indicating the nature of the violation and ordering the action and timeline necessary to correct it. Additional written notices may be sent at the code enforcement officer's discretion. However, depending on the severity of the violation, as determined by the code enforcement officer, the initial written notice may be the final notice.

2.

Notice of pending action. The final written notice shall state what action the code enforcement officer intends to take if the violation is not corrected.

3.

Enforcement without prior notice. Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this code or pose a danger to the public health, safety or welfare, the code enforcement officer may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section 1-6 of the Municipal Code of Ordinances.

(d)

Maximum penalties. Violations of the provisions of this code or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with permits shall constitute a misdemeanor, punishable by a fine up to $500.00, or a maximum of 90 days imprisonment, or both as provided for in section 1-6 Municipal Code of Ordinances (§ 3-17-1 NMSA 1978).

(e)

Separate offence daily. Each day that any violation continues after notification by the code enforcement officer that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. The remedies provided herein shall be cumulative and not exclusive.

(f)

Enforcement by equitable action. This code may be enforced by any appropriate action at law and/or at equity.

(g)

Issuance of citation or criminal complaint. The code enforcement officer is authorized to file criminal complaints and/or issue citations for violations of this code pursuant to applicable laws, rules and regulations. The code enforcement officer may request that an animal control officer enforce the "agricultural and livestock uses" section of this chapter, if necessary.

(h)

Permit revocation.

1.

Criteria. Any permit issued pursuant to this code may be revoked by the city council if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this code, or any additional requirements lawfully imposed by the city. No person may continue to make use of land or structures in the manner authorized by any permit after such permit has been revoked in accordance with this section.

2.

Requirement for notice and hearing. Before a permit may be revoked, the city council shall comply with all of the notice and hearing requirements of subsection 56-170(c). The notice shall inform the permit recipient of the alleged grounds for the revocation.

(a)

Presentation of evidence. The burden of presenting evidence sufficient to authorize the city council to conclude that a permit should be revoked shall be upon the party advocating that position.

(b)

Findings of fact. A motion to revoke a permit shall include a statement of the specific reasons or findings of fact that support the motion.

(i)

Declaration of nuisance abatement. Any premise or structure constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this code and/or any use of any land, premises or structure conducted, operated or maintained contrary to the provisions of this code shall be declared to be unlawful and a public nuisance and the city attorney shall, upon direction of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall apply to such court as may have jurisdiction to grant such relief as will abate and remove such structure and restrain and enjoin any person, firm or corporation from building, erecting, maintaining, setting up or using any such premise or structure or using any property contrary to the provisions of this code. (§ 3-18-5, § 3-18-17, § 3-21-10 NMSA 1978).

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)