BOARD OF COUNTY COMMISSIONERS
OF RIO ARRIBA COUNTY, NEW MEXICO
ORDINANCE NO.
ARTICLE 1
GENERAL
AUTHORITY, APPLICABILITY
PURPOSE
DEFINITIONS
Easement:
Animal Refuse:
Inoperable Vehicle:
Material:
Garbage:
Litter: See Garbage
Uninhabited Building:
ARTICLE 2
NUISANCE DEFINED
INOPERABLE VEHICLES
Inoperable vehicles stored on a property must be drained of all fluids.
Inoperable vehicles stored on a property must be at least ninety (90) percent covered.
For lots less than one (1) acre, there may only be no more than three (3) inoperable vehicles stored on the premise at any given time.
For lots greater than one (1) acre, but less than five (5) acres, there may be no more than seven (7) inoperable vehicles stored on premise at any given time.
INDUSTRIAL EQUIPMENT
Do we want to try and tackle this?
EASEMENTS
There shall be no collection of material of any kind within public easements which include, but are not limited to, acequia easements and public access easements.
STORAGE OF MATERIALS (this will relate to litter, but the County already addresses litter in the solid waste ordinance, so we have to think how to make this provision work with the ones that already exist).
Any material stored outside or under any structure with a roof and three or less walls must be at least ninety (90) percent covered, unless the site is an active construction site.
There shall be no storage of appliances of any kind without first removing the door of the appliance, removing any and all liquids and hazardous substances from the appliance. All appliances stored outside must be stored according to the guidelines set forth in Section 2.4 (A) of this Ordinance.
UNINHABITED BUILDINGS
All uninhabited buildings must have a secure lock on all doors and board attached over the windows.
MISCELLANEOUS
No person shall create or maintain any collection of water in or on which mosquitoes breed or are likely to breed.
Dumping in water
Disposal of animal carcasses
ARTICLE 3
ADMINISTRATION OF COMPLAINT
COMPLAINT PROCEDURE
A complaint, notifying the County of a health and human safety violation shall be filed in the Planning and Zoning office by filling out a form(s) to be prepared by the Director. Complaints are public record under the law and cannot be made anonymously. Complaints filed with the Planning and Zoning office shall require, at a minimum, the following information:
Name and address of complainant;
Name of the property owner for the property where the violation is said to be occurring;
Location of the property where the violation is said to be located including the road number, house number, and any other relevant location information;
Description of the supposed violation; and
A Suggested Abatement Plan to be filed in accordance with the standards of section 3.1 (B) of this Ordinance.
A Suggested Abatement Plan (SAP) is an opportunity for the complainant to suggest to the owner of the property, where the supposed violation is located, a means of voluntary abatement that satisfies the complainant. The suggested abatement method outlined in the SAP must comply with all applicable federal, state, and county regulations. The decision to comply or not comply with the SAP is completely voluntary and at the discretion of property owner where the supposed violation is occurring. The property owner may choose to abate the health and human safety hazard by another means so long as that abatement method is in compliance with the standards of this Ordinance and any other applicable federal, state, and local regulation.
INVESTIGATION OF COMPLAINT
The Planning and Zoning Department will have seven (7) days, from the date of receipt of a complaint to complete an investigation of the complaint.
WARNING OF VIOLATION
If it is determined that there is a violation occurring, a Warning of Violation will be posted on the property and another copy will be sent to the property owner of record. The Warning of Violation will contain the following information:
Description of the violation including a citation of the specific County Ordinance that is being violated;
Location of the violation;
Acts necessary to abate ordinance;
A copy of the complainant’s SAP; and
The date by which the violation must be abated.
The property owner will have thirty (30) days from the date that the Warning of Violation is posted to contact the Planning and Zoning Department, submit an Abatement Plan, and abate the violation.
The Director of the Planning and Zoning Department, at their discretion, may approve a written request from the property owner for an extension of the thirty (30) day time period, so long as they submit the following materials in writing:
Justification or explanation of why the property owner cannot abate the violation within the given thirty (30)
An Abatement Plan explaining when and how the violation will be abated.
Upon expiration of the thirty (30) Warning of Violation period, the Planning and Zoning Department will re-inspect the property to verify whether or not the violation has been abated. If the violation has been abated, written statement indicating compliance with County Ordinance will be sent to the property owner of record and the complainant. If the violation has not been abated so that the property owner is now in compliance with all County ordinances, the property owner will be notified pursuant to Section 3.4 of this Ordinance.
NOTICE OF VIOLATION
If, upon inspection at the end of the thirty (30) day Warning of Violation period, the property owner is still found to be in violation of this Ordinance, a Notice of Violation containing the following information: ]
Description of the violation including a citation of the specific County Ordinance that is being violated;
Location of the violation;
Acts necessary to abate ordinance;
Date of issuance and expiration of the Warning of Violation Notice
A copy of the complainant’s SAP; and
The date by which the violation must be abated.
A description of the penalties and actions incurred should the violation not be abated by the required date.
HARDSHIP WAIVER
Same as indigent process – fill out a form, must bring in (whichever is applicable) last tax return, w-2s, assistance award letter, or last 2 paystubs. People will only qualify if they meet federal income guidelines (any other possible exceptions? Eg – unemployment?)
People may only submit a hardship waiver during the 30 warning of violation period.
ENFORCEMENT
ARTICLE 4
GENERAL PROVISIONS
DRAFT VERSION DATE: August 21, 2009
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