Santa Fe County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 14
INSPECTIONS, PENALTIES, ENFORCEMENT AND NONCONFORMING USES
§ 14.1 INSPECTIONS.
14.1.1
The Board shall annually appoint persons to serve as code enforcement officers and who will be primarily responsible for enforcement of the SLDC.
14.1.2
Each code enforcement officer shall carry proper identification when inspecting development in the performance of duties under the SLDC. Identification shall be presented upon request.
14.1.3
The Administrator, through the Code Enforcement Officers, shall conduct periodic visual inspections to determine compliance with the SLDC. Any violations discovered during such visual inspections may be treated as a violation of the SLDC.
14.1.4
The Administrator, through the Code Enforcement Officers, shall conduct inspections following a complaint to determine compliance with the SLDC. Any violations discovered during such inspections may be treated as a violation of the SLDC.
14.1.5
The code enforcement officers, where it is necessary to make an inspection to enforce the provisions of the SLDC, or where a code enforcement official has reasonable cause to believe that there exists upon a premises a condition which is contrary to or in violation of the SLDC, the code enforcement officer is authorized to enter the premises at reasonable times to inspect or perform the duties imposed by the SLDC, provided that if the premises are occupied that credentials be presented to the occupant and entry requested. If such premises are unoccupied, the code enforcement officer, before undertaking entry, shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the code enforcement officer shall have recourse to the remedies provided by law to secure entry.
Adopted by Ordinance 2016-9, December 13, 2016
§ 14.2 CERTIFICATES OF COMPLETION.
14.2.1
A certificate of completion shall be required for each development permit issued under the SLDC. Failure to obtain a certificate of completion prior to using or occupying property that is the subject of a development permit shall be a violation of the SLDC.
14.2.2
A certificate of completion indicates that the development approved in the development permit complies with the applicable provision of the SLDC, conditions approved as a part of the development permit, and that the development has been completed in full compliance with the SLDC.
14.2.3
Even though a certificate of completion has been issued by the Administrator, an inspection of a development may be later required to ensure compliance with the SLDC.
Adopted by Ordinance 2016-9, December 13, 2016
§ 14.3 VIOLATIONS OF THE SLDC.
14.3.1
Any person who participates in, assists, directs, creates or maintains any building, structure or use that is contrary to the requirements of the SLDC, who fails to obtain a permit required by the SLDC, or who violates the terms or conditions of any development order issued pursuant to the SLDC, shall have committed a violation of the SLDC and shall be held responsible for the violation and be subject to administrative, civil or criminal penalties, as well other equitable and legal remedies.
14.3.2
A code enforcement officer shall have the authority to serve notices of violation on the person responsible for development that is contrary to any provisions of the SLDC, or in violation of a development permit or condition applicable to any development issued under the SLDC or any previous ordinance.
14.3.3
If any notice of violation is not complied with promptly, the code enforcement officer is authorized to request assistance from the County Attorney to institute appropriate proceedings at law or in equity to restrain, correct or abate such violation, to require removal or termination of any unlawful occupancy of development, building or structure in violation of the provisions of the SLDC or an order or direction made pursuant thereto, or to pursue all available criminal and civil penalties appropriate to the nature of the violation.
Adopted by Ordinance 2016-9, December 13, 2016
§ 14.4 PENALTIES.
14.4.1
Violations of the SLDC shall be punishable in accordance with NMSA 1978, section 4-37-3.
14.4.2
A violation of the SLDC shall be punishable by a fine not to exceed three hundred dollars ($300.00) or imprisonment for ninety (90) days or both the fine and imprisonment; except that the fine for discarding or disposing of refuse, litter or garbage on private or public property in any manner other disposing it in an authorized landfill shall not exceed the sum of One Thousand Dollars ($1,000.00); and except the fine for the improper or illegal disposal of hazardous materials or waste in any manner other than as provided for in the Hazardous Waste Act, NMSA 1978, section 74-4-1 et seq.
14.4.3
Violations of the New Mexico Subdivision Act and county subdivision regulations shall also be subject to the civil and criminal remedies and penalties provided for in the New Mexico Subdivision Act NMSA 1978, Chapter 47, Article 6, as amended and recompiled.
14.4.4
Each day that a violation exists shall constitute a separate violation of the Ordinance.
14.4.5
A violation of the SLDC for development outlined in Section 7.22.1 may be grounds for forfeiture of financial assurance deposited at the time of issuance of the development permit.
14.4.6
Nothing herein shall preclude the County from taking such other lawful action as is necessary to prevent or remedy any violation, such as seeking injunctive relief, abatement, revocation of a development permit, or forfeiture of financial assurance to prevent or remedy a violation of the SLDC.
14.4.7
The County may file a criminal, civil, and administrative action simultaneously to stop an offending party from harming the health and safety of the County.
Adopted by Ordinance 2016-9, December 13, 2016
§ 14.5 CODE ENFORCEMENT.
14.5.1
INITIATION OF THE PROCESS
14.5.1.1
The Administrator, through Code Enforcement Officers employed by the Administrator, shall investigate complaints of any person who participates in, assists, directs, creates or maintains any building, structure or use that is contrary to the requirements of the SLDC, who fails to obtain a permit required by the SLDC, or who violates the terms or conditions of any development order issued pursuant to the SLDC.
14.5.1.2
Upon receipt of a complaint, the Administrator shall assign a Code Enforcement Officer to investigate the facts of the complaint.
14.5.1.3
The Code Enforcement Officer may, as appropriate, review files held by the Administrator, interview person or persons with knowledge of the facts giving rise to the complaint, inspect a site, buildings or structures, interview the complaining person or the person alleged to have committed the violation.
14.5.1.4
After investigating the facts, the Code Enforcement Officer may find a violation exists and shall initiate either a criminal, civil, administrative, or a combination of the three actions against the violator.
14.5.2
CRIMINAL.
14.5.2.1
The Code Enforcement Officer may issue a Notice of Violation to the offending party that indicates the nature of the violation, a stop work order may accompany the notice. If the offending party stops work immediately and/or agrees to remedy the violation, then the offending party will have fifteen (15) working days to come into compliance. If the offending party refuses to stop work and/or remedy the violation, the Code Enforcement Officer may issue a final Notice of Violation and file a criminal complaint in Court seeking the penalties set forth in Section 14.4.
14.5.2.2
If the offending party, who agreed to come into compliance within fifteen (15) working days, does not come into compliance in that timeframe, the Code Enforcement Officer may issue the offending party a final Notice of Violation and a criminal complaint in Court seeking the penalties set forth in Section 14.4.
14.5.2.3
Simultaneous to any criminal action a Code Enforcement Office and the County Attorney’s Office may file a civil case for injunction or abatement, and an administrative case for revocation of the development permit.
14.5.2.4
Once a disposition of the complaint has been reached, the Administrator shall notify the complaining party as to the disposition of the complaint.
14.5.3
CIVIL.
14.5.3.1
Injunctive Relief.
The Code Enforcement Officer may issue a Notice of Violation to the offending party that indicates the nature of the violation and a stop work order. If the offending party stops work immediately and/or agrees to remedy the violation, then the offending party will have fifteen (15) working days to come into compliance. If the offending party refuses to stop work or goes over the fifteen (15) working days to come into compliance the Code Enforcement Office along with the help of the County Attorney will file a civil complaint in District Court in accordance with NMSA 1978, §§ 3-21-10 and 3-21-13.
14.5.3.2
Abatement Actions.
If any development constitutes a public nuisance as defined in Ordinance 2009-11, NMSA 1978, § 3-18-5, or as generally defined in NMSA 1978, § 30-8-1, the Board may apply to a court for authority to abate the nuisance in accordance with NMSA 1978, § 30-8-8.
14.5.4
ADMINISTRATIVE.
14.5.4.1
Revocation of a development permit.
Upon issuance of a Notice of Violation and stop work order, the cited work shall immediately cease. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform, shall be subject to revocation of a development permit for non-compliance. The revocation letter shall be sent to the individual who obtained the development permit by the Administrator. The individual has the right of appeal in accordance with Section 4.5. The individual must remedy any code violation on the property before obtaining a new permit to restart development.
14.5.4.2
Forfeiture of Financial Assurance.
If a development under Section 7.22.1 has been issued a Notice of Violation, a stop work order, refuses to cease work, and has their development permit revoked; the Administrator may forfeit the financial assurance by issuing a letter of forfeiture. The development has the right of appeal in accordance with Section 4.5.
Adopted by Ordinance 2016-9, December 13, 2016
§ 14.6 NONCONFORMING USES.
14.6.1
Purpose and Findings.
The requirements of this article govern uses, structures, lots and other situations that came into existence legally but that do not comply with one or more current requirements of this SLDC. This Section applies to nonconformities created by initial adoption of, or amendments to, the SLDC; and to nonconformities that were legal nonconformities under previously applicable ordinances even if the type or extent of nonconformity under the SLDC is different than the original nonconformity.
14.6.2
Continuation Permitted.
Any nonconformity that legally existed on the date of adoption of this SLDC or the original Santa Fe County Land Development Code, effective January 1, 1981, together with all amendments thereto; or that becomes nonconforming upon the adoption of any amendment to this SLDC or as a result of condemnation may be continued in accordance with the provisions of this article.
14.6.3
Nonconforming Status.
The use of land, use of a structure, or a structure itself, including but not limited to substandard parcels or structures not complying with applicable dimensional standards, shall be deemed to have nonconforming status when the use, structure or land:
14.6.3.1
does not conform to the current regulations prescribed in the district in which such use, structure or land is located; or
14.6.3.2
does not conform to the minimum lot size and use by right to develop under the base zoning district in which such lot, parcel or division is located; and
14.6.3.3
was in existence and lawfully constructed, platted, located and operating prior to, the regulations that made such use, structure or land nonconforming; and
14.6.3.4
the nonconforming use, structure or land has been in operation since the time that the use, structure or land first became nonconforming without abandonment.
14.6.4
Determination of Nonconformity Status.
The burden of establishing the nonconformity status of a use, structure or land shall be upon the owner of the claimed nonconformity and not upon the County.
14.6.5
Repairs and Maintenance.
Incidental repairs and normal maintenance of nonconforming structures or land shall be permitted unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by this SLDC. Nothing in this Chapter shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official.
14.6.6
Tenancy and Ownership.
The status of a nonconformity is not affected by changes of tenancy, ownership or management.
14.6.7
Changes in Nonconforming Uses.
14.6.7.2
Reuse and Expansion of Residential uses.
A nonconforming use shall not be enlarged or expanded unless such expansion eliminates or reduces the nonconforming aspects of the use.
1.
This Section shall not be construed as prohibiting additions to any dwelling regardless of the zoning district in which such dwelling is located, nor shall any provision of this article be construed as prohibiting the construction of any use that is accessory to a dwelling unit regardless of the zoning district in which the dwelling is located.
2.
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Development Permit.
3.
Any nonconforming use may be changed to a conforming use by securing a Development Permit and once such change is made, the use shall not thereafter be changed to a nonconforming use.
4.
Expansion for the sole purpose of complying with off-street parking standards of this SLDC shall not be considered expansion of a nonconforming use.
5.
No Temporary Use Permit shall be issued for a site containing a nonconforming use, if the proposed temporary use or event has the potential to generate additional traffic, noise or other adverse impacts upon the surrounding area.
14.6.7.3
Expansion of Nonresidential Uses.
Nonconforming, nonresidential uses of a structure or land, or a nonconforming, nonresidential structure may be changed or expanded by up to fifty (50) percent under a Conditional Use Permit provided that the owner/applicant complies with all of the following conditions:
1.
The re-use or expansion does not increase the intensity of development or alter the character of the nonconforming use on the site, according to any limitations set by this SLDC relating to development standards for lot coverage, height, waste disposal, water use, setbacks, traffic generation, parking needs, landscaping, buffering, outdoor lighting, access or signage;
2.
The change or expansion does not confer a privilege upon the owner/applicant;
3.
The change or expansion is compatible with the surrounding uses of land and is beneficial to the health, welfare and safety of the community;
4.
All nonconforming signs shall be brought into compliance with the requirements of Chapter 7 of the SLDC; and
5.
Expansion or re-use of unsightly or unsafe conditions associated with certain nonconformities, including but not limited to junkyards, mine sites, or industrial uses shall not be permitted.
14.6.7.4
Loss of Nonconformity Status.
1.
Abandonment.
If a nonconforming use ceases for any reason for a period of more than one (1) year, the use shall be considered abandoned. Once abandoned, the use’s nonconforming status shall be lost and re-establishment of the use shall be prohibited. Any subsequent use shall comply with the regulations of the zoning district in which it is located.
2.
Accessory Uses.
No use that is accessory to a principal nonconforming use shall continue after such principal use has ceased or terminated.
14.6.8
Nonconforming Structures.
A nonconforming structure may be used for any use allowed in the underlying zoning district, subject to all applicable standards of the SLDC.
14.6.8.1
Reuse and Expansion.
A nonconforming structure may be enlarged or expanded if the expansion does not increase the extent of nonconformity.
14.6.8.2
Moving.
A nonconforming structure may be moved if the movement or relocation eliminates the nonconformity. This provision shall not be interpreted as prohibiting the elevation of a nonconforming structure for the purpose of floodproofing or repair.
14.6.8.3
Nonconforming Uses and Structures.
A use or structure that was established in accordance with all regulations in effect at the time of its establishment shall not be deemed nonconforming solely due to the fact that it does not comply with the standards established by the SLDC. If such a structure is destroyed by accidental means, it may be rebuilt provided that the number of dwelling units does not exceed the number that existed prior to destruction or the maximum density limit of the subject zoning district, whichever is greater.
14.6.9
Nonconforming (Legal) Lots of Record.
14.6.9.1
Any lot that does not conform to a dimension established in Chapter 8 for the relevant zoning district but that is shown on the initial zoning map as being within that zone, shall not be deemed nonconforming.
14.6.9.2
The owner/applicant shall submit evidence demonstrating that the lot was either legally created prior to January 1, 1981, or that it was part of a subdivision or land division approved by the Administrator or the Board after January 1, 1981.
14.6.9.3
If the owner/applicant has a notarized document or a document with the surveyor’s signature and seal demonstrating compliance with this Section, the owner/applicant shall submit the document to the Administrator. The Administrator shall determine if the notarized document establishes the existence of the lot on the effective date of the SLDC.
14.6.9.4
If the owner/applicant cannot submit a document in compliance with this Section, but has other evidence demonstrating compliance with this Section, the evidence shall be submitted to the Planning Commission. The Planning Commission shall determine if the evidence establishes the existence of the lot on the effective date of the SLDC.
14.6.10
Uses for Nonconforming Lots.
14.6.10.1
Single-family Dwellings.
Vacant nonconforming lots may be developed with one single-family dwelling and accessory structures, provided that such development complies with all applicable requirements of this SLDC or a variance is obtained from the Planning Commission.
14.6.10.2
Other Uses.
Vacant nonconforming lots may be developed with uses other than single-family dwellings as may be allowed in the underlying zoning district, provided that such development complies with all requirements of this SLDC.
14.6.10.3
Prohibition on Reduction of Size.
A nonconforming lot may not be further reduced in size except by application of the principles of accretion or reliction, by order of a court of competent jurisdiction or by application of the principles of eminent domain.
14.6.11
Nonconforming Lighting.
14.6.11.1
Change and Replacement.
Nonconforming lighting shall only be changed or replaced with conforming lighting, except for the periodic replacement of bulbs, as necessary.
14.6.11.2
Moving.
Nonconforming lighting shall not be moved to any other location unless the move results in the entire light being brought into compliance with all applicable regulations of this SLDC.
14.6.11.3
Loss of Nonconforming Status.
If a light is destroyed or rendered inoperable for any reason other than failure of the bulb it shall not be repaired unless such repair will bring the light into compliance with all applicable regulations of this SLDC.
Adopted by Ordinance 2016-9, December 13, 2016