Whenever the Community Development Director or Building Official receives a written, signed complaint alleging a violation of this Land Use 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.

8.2.1 The owner, tenant, or occupant of all or any part of building or land and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Land Use Code may be held responsible for the violation and suffer the penalties and be subject to the remedies provided herein. Any person, corporation, or other entity which shall knowingly aid and abet any violation of this Land Use Code shall be liable to the same extent as the principal and shall be subject to the same penalties and remedies provided therefore.

8.2.2 Any person who is licensed as a contractor in the State of New Mexico, or whose conduct would require licensure from the State of New Mexico as a contractor, shall be presumed to be familiar with the provisions of this Land Use Code and associated provisions of the Town of Silver City Municipal Ordinances. Enforcement of discovered violations shall not require the notices referred to in Sections 8.3.1 and 8.3.2 of this Article.

8.2.3 This section shall include the failure of a structure or other development to be fully compliant with the Town's floodplain management regulations (Section 4.1). A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Land Use Code is presumed to be in violation until such time as that documentation is provided.

8.3.1 If the Town finds that any provision of this Land Use Code is being violated, the Community Development Director shall send a written notice to the person responsible for such violation, except where notice is not required pursuant to Section 8.2.2, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Community Development Director's discretion.

8.3.2 The final written notice (and the initial written notice may be the final notice) shall state what action the Community Development Director intends to take if the violation is not corrected.

8.3.3 Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Land Use Code or pose a danger to the public health, safety or welfare, the Community Development Director may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 8.4 or 8.5.

8.4.1 Violations of the provisions of this Land Use Code or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use or conditional use permits shall constitute a petty misdemeanor, punishable by a fine up to $500.00, or a maximum of 90 days imprisonment, or both. (NMSA 1978, § 3-17-1).

8.4.2 Any owner, or agent of the owner, of any land located within the Town or the ETJ of the Town, who transfers, sells, agrees to sell, or negotiates to sell the land by reference to or exhibition of or by other use of a plat or subdivision of the land before the plat has been approved and recorded, shall be guilty of a misdemeanor. Upon conviction, the owner or his or her agent shall pay a penalty of $100.00 for each lot transferred or sold, or agreed or negotiated to be sold. The Town may enjoin the transfer or sale or agreement by action for injunction or may recover the penalty by civil action. (NMSA 1978, § 3-20-14)

8.4.3 A public utility company (water, sewer, electric or gas) that serves or connects land within an unapproved subdivision is guilty of a misdemeanor and the Town may require the utility disconnected. (NMSA 1978, § 3-20-15)

8.4.4 Each day that any violation continues after notification by the Community Development Director 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.

8.4.5 This Land Use Code may be enforced by any appropriate equitable action.

8.5.1 A permit issued pursuant to this Land Use Code may be revoked by the Town Council if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Land Use Code, or any additional requirements lawfully imposed by the Town. No person may continue to make use of land or buildings in the manner authorized by any permit after such permit has been revoked in accordance with this section.

8.5.2 Before a Conditional Use Permit may be revoked, the Town Council shall comply with all of the notice and hearing requirements of Sections 6.2.9 and 6.2.10. The notice shall inform the permit recipient of the alleged grounds for the revocation.

A)

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

B)

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

Any building or structure constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Land Use Code and/or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of this Land Use Code shall be and the same is hereby declared to be unlawful and a public nuisance and the Town Attorney shall, upon direction of the Town 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 building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this Land Use Code. (NMSA 1978, §§ 3-18-5, 3-18-17, 3-21-10).