It shall be the duty of the designated Zoning Administrator or his/her designee, to enforce this Code.

No building or structure shall be erected, constructed, reconstructed, structurally altered, substantially repaired, or converted in use until a building permit has been issued, and approval of all substantially repaired, or converted in use until a building permit has been issued, and approval of all plans has been granted by the Building Inspector. All structures must conform to the New Mexico Building Code, latest edition, on file in the Office of the Building Inspector. The Building Inspector may require soils and/or concrete tests to assure compliance with the New Mexico Building Code.

A.

A permit issued in conflict with this Code is void.

B.

The Building Inspector and the designated Zoning Administrator or their designated representatives may inspect all buildings and premises in observance of this Code.

C.

In case of building construction of any manner, or a building or land use in violation of the Code, the designated Zoning Administrator shall:

1.

Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

2.

Restrain, correct or abate the violation;

3.

Prevent the occupancy of such building, structure or land;

4.

Prevent any illegal act, conduct, business or use in or about such premises;

5.

Notify the Planning and Zoning Commission and other applicable agencies of such violation.

A certificate of occupancy approving a structure or use of land shall be required from the designated Zoning Administrator for any of the following prior to occupancy:

A.

Occupancy and use of a building hereafter erected or structurally altered;

B.

Change in use of an existing building to a use of a different classification;

C.

Occupancy and use of vacant land;

D.

Change in the use of land to a use of a different District classification;

E.

Change in the use of a non-conforming use.

The designated Zoning Administrator may require affidavits, disclosure statements, deed restrictions, easements or other legal documents to assure compliance with the provisions of this Code. Such documents may be approved for use in specific cases by the City Attorney.

(Ord. No. 574, 8-28-07)

It shall be a violation of this Code for any person, firm, or other corporation to neglect, refuse to comply with, or resist the enforcement of any provision of this Code or any requirement pursuant thereto, or in any way use, change or construct a building or structure in non-conformance with this Code. Any person or persons found guilty of violating any provision of this Code shall be punished by a fine of not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) or by imprisonment in jail for a period not to exceed thirty (30) days, or by both fine and imprisonment. Each day that such violation exists shall constitute a separate offense.

Violations of this Code shall be brought into compliance, abated, removed or taken to municipal court for judgment. In all cases that the court rules to allow a structure to remain in non-conformance with this Code, there shall be a pro forma action by the City Commission permitting such use. Such action shall be consistent with the court's ruling, and thereafter said use shall be considered as a legal non-conforming use and be subject to the provisions thereof.