RESOLUTION NO. 2001-101 NUISANCE ABATEMENT

WHEREAS, at a meeting of the Board of County Commissioners dated June 28, 2001, the following was among the proceedings; and

WHEREAS, the Rio Arriba County Design and Development Regulation System, Ordinance 2000-01, (the Ordinance) Article II, Section VIII, provides in part as follows:
It is unlawful to maintain on any property any ruined, damaged or dilapidated building or structure or any premise covered with ruins, rubbish, wreckage or debris. The Director shall take steps pursuant to Section 3-18-5, N.M.S.A., 1978.

WHEREAS, the Ordinance, Article III, Section I, provides in part as follows:

PROSECUTION IN COURT
In addition to the procedures for abating nuisances set out in Article II, Section VIII of this Ordinance, this Ordinance shall be enforced in any court of competent jurisdiction of the County. Each day of violation shall constitute a separate offence.
PENALTIES FOR VIOLATION
It shall be unlawful to construct, reconstruct, enlarge, change, maintain or sue any building or to use any land in violation of any regulation or any provisions of this Comprehensive Plan, this Ordinance or any other applicable County Ordinance or any amendments thereto, shall be fined not to exceed Three Hundred Dollars ($300.00).

WHEREAS, the Board of County Commissioners finds that the property belonging to Juanita F. Gallegos located within the Town of Abiquiu Grant, Section 20, Township 23 North, Range 6 East, N.M.P.M., Parcel No. 25, Village of Abiquiu, County Road 187, west of house #39 as per Book 161, page 865, records of Rio Arriba County, New Mexico contains a ruined, damaged and dilapidated building or structure (double wide mobile home) in violation of the Ordinances and Section 3-18-5, N.M.S.A., which is a menace to the public comfort, health, peace or safety which must be removed.

NOW, THEREFORE, BE IT RESOLED that a copy of this resolution be served on Juanita F. Gallegos or that it be posted and published and that within ten days thereof said owner shall commence to remove the said ruined building, or shall file a written request with the County Clerk asking for a hearing before the Board of County Commissioners of Rio Arriba County to be held in accordance with the provisions of Section 3-18-5, N.M.S.A., 1978. If after the final resolution, the determination of the Board of County Commissioners is sustained, the County will prosecute in the District Court to enforce pursuant to the provisions Article III, Section I of the Ordinance.


PASSED, APPROVED AND ADOPTED this 28th day of June, 2001.

BOARD OF COUNTY COMMISSIONERS OF RIO ARRIBA COUNTY, NEW MEXICO

______________________________________________
ALFRED L. MONTOYA, Chairman
Commissioners, District II

______________________________________________
RAY TAFOYA
Commissioner, District I

______________________________________________
MOISES A. MORALES, Jr.
Commissioner, District III

_______________________
COUNTY CLERK
FRED VIGIL