(A)

Compliance

All persons shall comply with the provisions of Chapter 14 and any regulations, orders or conditions of approval issued pursuant to Chapter 14.

(B)

Questions

Questions of administration and enforcement shall be presented first to the land use director. Questions shall be presented to the board of adjustment only by reference from the land use director.

One or more administrative officials designated by the city manager shall enforce Chapter 14. The enforcement officer may be provided with the assistance of such other persons as the city manager directs.

(A)

Complaints of Violations

A person may file a written complaint alleging a violation of Chapter 14. The complaint shall state fully the causes and basis of the complaint and shall be filed with the enforcement officer. The enforcement officer shall record the complaint properly, investigate promptly and take action as provided in this chapter.

(B)

Notice of Violations

If, in response to a complaint or upon the enforcement officer's own initiative, the enforcement officer finds that any of the provisions of Chapter 14 have been violated, the enforcement officer shall issue a written notice of violation that:

(1)

describes the specific violation;

(2)

orders the action necessary to correct the violation;

(3)

establishes a specific and reasonable period for the correction of the violation;

(4)

states that failure to comply with the notice may result in one or more of the sanctions provided in Section 14-11.4 below; and

(5)

is posted on the property in a conspicuous place, delivered in person to the propertyowner and/or tenant if applicable, or mailed by certified mail, return receipt requested, to the last-known address of the propertyowner and/or to the tenant, if applicable.

(6)

The enforcement officer may issue a citation or proceed with any other lawful remedy in addition to or in lieu of a written notice of violation.

(A)

Remedies

(1)

If a structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of Chapter 14; or a structure or property is used in violation of Chapter 14; or if any other violation of this chapter occurs, the governing body, city attorney, enforcement officer, or other proper city official may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violation or to mandate compliance.

(2)

The land use director may:

(a)

withhold or revoke permits that the director is authorized to issue, including construction permits and short-term rental permits, if the applicant or permittee has violated a regulation relating to the granting of the permit, or if in the judgment of the land use director the public welfare requires that the permit be revoked or withheld;

(b)

withhold or revoke certificates of occupancy;

(c)

withhold the recording of plats or development plans;

(d)

order discontinuance of illegal use of land or structures;

(e)

order discontinuance of any illegal work being done;

(f)

order removal of illegal structures or alterations;

(g)

order that any land or structure modified in violation of this Chapter be restored to compliance; or

(h)

order a one (1)-year waiting period for application for a short-term rental permit by a person who has operated a short-term rental unit in violation of the short-term rental ordinance, subsection 14-6.2(A)(5), or has failed to pay or report taxes on the short-term rental unit as required by law.

(3)

The land use director may use one or more of the remedies and penalties provided in this Article 14-11 without limiting the authority of the land use director or other officials to take other enforcement actions provided in this Code, including the suspension or revocation of a permit by the building official pursuant to Chapter 7 Building and Housing, or the pursuit of other legal remedies.

(B)

Fines, Imprisonment Violations of Chapter 14 or of terms of approvals made pursuant to this chapter may be punished as provided in Section 1-3 SFCC 1987 (General Penalty).

(C)

Civil Penalties

(1)

Assessment of Civil Fines. In addition to other penalties or remedies, the land use director may assess civil fine for any of the following:

(a)

violation of any provision of Chapter 14;

(b)

construction or other development without a required permit;

(c)

rental of a short-term rental unit without a permit or registration;

(d)

material misrepresentation of fact on an application submitted to the planning and land use department; or

(e)

failure to pay or report fees or taxes owed.

(2)

Civil Fine Schedule. Each act subject to a civil fine constitutes a separate civil violation. For violations that can be remedied within one day, each day after receipt of notice of violation constitutes a separate civil violation. A civil violation shall subject the applicant, permittee, owner, operator of a short-term rental unit, and/or tenant, as applicable, to the following civil fines for violations during any consecutive thirty-six (36)-month period:

(a)

a civil fine of one hundred dollars ($100.00) for the first offense;

(b)

a civil fine of two hundred and fifty dollars ($250.00) for the second offense; and

(c)

a civil fine of five hundred dollars ($500.00) for the third and subsequent offenses.

(3)

Civil Citation. If the land use director determines that a civil penalty should be assessed, the planning and land use department shall issue a written civil citation.

(a)

Delivery. The civil citation shall be posted on the property in a conspicuous place; delivered in person; or mailed by certified mail, return receipt requested, to the last-known address of the applicant, permittee, owner, operator of a short-term rental unit, and/or tenant, as applicable.

(b)

Form and Contents. The civil citation shall contain the following information:

(i)

the address where the violation occurred;

(ii)

a description of the specific violation;

(iii)

a statement of whether this is the first, second, or third or subsequent offense;

(iv)

instructions for submitting payment of the civil fine;

(v)

a statement that within fifteen (15) days of issuance of the civil citation the cited person must either pay the civil fine or submit a written request for hearing;

(vi)

the name and phone number of the city employee from whom the person cited may obtain further information or submit a request for hearing; and

(vii)

a copy of this subsection 14-11.4.

(4)

Administrative Hearing.

(a)

Request for Hearing. A person who is issued a civil citation may request an administrative appeal hearing before a hearing officer, who shall be appointed by the city manager. A request for hearing must be made in writing and must be submitted to the land use director within fifteen (15) days of the date that the civil citation was posted, delivered, or mailed.

(b)

Deposit Pending Appeal. An amount equal to the civil fine assessed must accompany a request for hearing. The city shall hold the payment as a deposit until the hearing officer makes a decision. The hearing officer shall schedule a hearing within thirty (30) days of the request for hearing. If the hearing officer upholds the civil citation, the city shall apply the deposit toward the civil citation. If the hearing officer decides in favor of the requestor, the city shall return the deposit to the requestor.

(5)

Appeal to District Court. If the hearing officer denies an appeal, the appealing party may file an appeal in the first judicial district court under Rule 1-074 NMRA. If the court rules in favor of the appealing party, the city shall dismiss the civil citation and return the deposit to the requester.

(6)

Revenue. The revenue generated through civil fines shall be retained by the planning and land use department and shall be used exclusively for enforcement of the land use code.

(D)

Revocation of Approvals Land use and development approvals, including but not limited to special use permits, development plan approvals, variances, design approvals by the HDRB, construction permits, or short-term rental permits, may be revoked by whichever body or official approved them, upon determining that there exists a substantial, continuing, or recurring violation of any of the conditions of approval or other provisions of this Code and that revocation is an appropriate remedy given the nature of the violation.

(1)

The procedure to revoke an approval shall be similar to the procedure for its issuance.

(a)

For an approval that was granted by a land use board or the governing body, a public hearing shall be required at the same body to consider revocation. The land use director shall provide public notice of the revocation hearing by publication of the meeting agenda and/or a public hearing notice and by posting the property as required for the approval hearing. The land use director shall also provide notice fifteen (15) days prior to the hearing by certified mail with return receipt requested to the permittee and to any person who has filed a written complaint concerning the violation.

(b)

The land use director or other administrative official may revoke an approval that he or she has granted upon written notice delivered to the permittee by hand, by posting a notice on the property where the violation occurs, or by certified mail with return receipt requested.

(2)

Vacation of recorded subdivision plats shall be as provided in Section 3-20-12 NMSA 1978 and Section 23-1.2 SFCC 1987. Revocation of approved amendments to the general plan future land use map or the official zoning map shall be as provided for city-initiated amendments to those maps.

(Ord. #2014-31, § 49; Ord. #2020-18, § 1; Ord. #2020-22, § 16)

If, after having been given notice as set forth in Section 26-1.19 SFCC 1987 (Enforcement of SFHP), a propertyowner subject to a SFHP agreement fails to comply with Section 14-8.11 (Santa Fe Homes Program) or Article 26-1 (Santa Fe Homes Program), the office of affordable housing may request that the city manager authorize the city attorney's office to pursue enforcement of specific performance requirements in accordance with the SFHP agreement. (Ord. No. 2013-16 § 64)