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Somos vecinos, nosotros debemos tomar el cuidado del comunidad.
Tuesday, June 30, 2009
Preliminary Task Forch Strategic Planning Meeting, June 24, 2009
Rio Arriba County Comprehensive Plan
Taskforce Meeting Notes
Preliminary Strategic Planning Meeting, June 24, 2009
Attendees:
Louise Pocock, RAC
Lucia Sanchez, RAC
Gabriel Boyle, RAC
Chuck & Jean Neilson, Lindrith, Retired
Steve Gonzales, New Mexico Economic Development Department
Joy Gallion, Lindrith, Water Truck Operator
Don Diego Gonzalez, Velarde, Hydro-geologist
Ken LaGattuta, San Pedro, Retired LANL
Jose Villa, La Villita, Northern Rio Grande National Heritage Area
Glenna Dean, Abiquiu, Northern Rio Grande National Heritage Area
Rol Murrow, Lindrith, The Wolf Aviation Fund
Sign-in, Welcome, and Introductions
Discussion of what the Taskforce is and what it is meant to accomplish
Mr. Neilson opened the discussion by asking to clarify what the comprehensive plan is and what is it meant to accomplish.
Louise explained that the Rio Arriba County Commissioners recognized the importance for having a living and up-to-date plan to ensure thoughtful planning for the future of Rio Arriba County and its citizens. Thus the Comprehensive Plan was birthed. The Comprehensive Plan was adopted in May of 2009 as a guideline for future development in the County. The plan is fluid and is subject to an annual revision and five year updating to ensure that it continues to depict the desired vision for the future of the county. Strategies and goals will be reviewed periodically and are subject to implementation and revision.
Mr. Marrow suggested that a geographic map of each community would help identify zones for each goal and strategy.
While that was a good recommendation, Gabe explained that that sort of mapping is very expensive but could be a future possibility contingent on funding. Santa Fe is a county that might be able to afford such a tool, but right now RAC could not take on that kind of expense.
Gabe went on to remind us that the Comprehensive Plan is a guiding policy document that is to be utilized by all departments within Rio Arriba County. Right now, the P&Z department is taking the lead by working with communities and specific goals and strategies. Lack of participation by individuals in the communities across the region has weakened the implementation of the plan. This taskforce is meant to be a “think-tank” for implementations and public participation is critical to moving forward.
Structure of the Taskforce
Regional Committees
Taskforce members are to identify community members from their area and identify regional committee members.
Regional committees will drive and implement goals and strategies that are specific to their specific given area in the region.
Meeting timeline
Taskforce meetings will be held on a monthly basis, at different locations across the County. P&Z staff will be the convener of these meetings.
Individual community meetings should be coordinated and held on as needed basis (when we have material ready fro public feedback). Individual taskforce members are responsible for coordinating meetings related to accomplishing goals and implementing pertinent strategies in their community. Information from such meetings will be noted by taskforce members and brought back to the taskforce.
Member Responsibilities
Members of the Taskforce are to represent the goals and consensus of the community they represent.
Taskforce members are responsible for making the communities. Accept communities for what they are and what they are not, in an effort to move beyond turf and to celebrate what truly makes our region unique.
Prioritization of Goals and Strategies from Comprehensive Plan
To be discussed at next meeting…
Assignment of action items & Suggestions from taskforce members
Taskforce committee members were given copies of the Comprehensive Plan and asked to familiarize themselves with its contents and bring any questions or concerns to the next meeting for discussion.
The County web site should be updated and include meeting agendas, minutes, dates and locations of all meetings related to the Comprehensive Plan. It was suggested that a tele-conference line be used when feasible to accommodate those who would like to participate from their communities but who cannot easily travel to be present at a meeting.
Mr. LaGattuta would like to develop community-based surveys to evaluate priorities. Much discussion revolved around this idea.
Mr. Villa would like the taskforce to garnish community development and to use the planning process to do so. The need for feedback is critical to disseminating information. This feedback system should go beyond surveys---establishing inter-agency and departmental relationships is critical.
Don Diego recommended that we encourage our communities to use the Comprehensive Plan as a guideline and a tool to engage the County Commission with the conversations that are happening at the community level. Taskforce input and the Comprehensive Plan should represent the citizens of the communities it serves and not personal agendas.
The ultimate role of the taskforce will be to review, comment and provide feedback to the planning and zoning department to inform and guide the department’s activities and work focus. Taskforce meetings will be a clearinghouse where community input on key issues will be gathered and disseminated.
Mr. Nielson suggested the Taskforce need to close gaps in Taskforce member participation.
Meeting was adjourned-homework for the Taskforce:
o Read Comprehensive Plan, return to the next meeting with comments/suggestions.
o Identify committee remembers from their region to be champions on the regional committees.
o Promote the Comprehensive Plan to fellow community members as a tool to guide policy in their region.
NEXT MEETING: July 22, 2009, 1-3 pm,
Rural Events Center, Abiquiu
Taskforce Meeting Notes
Preliminary Strategic Planning Meeting, June 24, 2009
Attendees:
Louise Pocock, RAC
Lucia Sanchez, RAC
Gabriel Boyle, RAC
Chuck & Jean Neilson, Lindrith, Retired
Steve Gonzales, New Mexico Economic Development Department
Joy Gallion, Lindrith, Water Truck Operator
Don Diego Gonzalez, Velarde, Hydro-geologist
Ken LaGattuta, San Pedro, Retired LANL
Jose Villa, La Villita, Northern Rio Grande National Heritage Area
Glenna Dean, Abiquiu, Northern Rio Grande National Heritage Area
Rol Murrow, Lindrith, The Wolf Aviation Fund
Sign-in, Welcome, and Introductions
Discussion of what the Taskforce is and what it is meant to accomplish
Mr. Neilson opened the discussion by asking to clarify what the comprehensive plan is and what is it meant to accomplish.
Louise explained that the Rio Arriba County Commissioners recognized the importance for having a living and up-to-date plan to ensure thoughtful planning for the future of Rio Arriba County and its citizens. Thus the Comprehensive Plan was birthed. The Comprehensive Plan was adopted in May of 2009 as a guideline for future development in the County. The plan is fluid and is subject to an annual revision and five year updating to ensure that it continues to depict the desired vision for the future of the county. Strategies and goals will be reviewed periodically and are subject to implementation and revision.
Mr. Marrow suggested that a geographic map of each community would help identify zones for each goal and strategy.
While that was a good recommendation, Gabe explained that that sort of mapping is very expensive but could be a future possibility contingent on funding. Santa Fe is a county that might be able to afford such a tool, but right now RAC could not take on that kind of expense.
Gabe went on to remind us that the Comprehensive Plan is a guiding policy document that is to be utilized by all departments within Rio Arriba County. Right now, the P&Z department is taking the lead by working with communities and specific goals and strategies. Lack of participation by individuals in the communities across the region has weakened the implementation of the plan. This taskforce is meant to be a “think-tank” for implementations and public participation is critical to moving forward.
Structure of the Taskforce
Regional Committees
Taskforce members are to identify community members from their area and identify regional committee members.
Regional committees will drive and implement goals and strategies that are specific to their specific given area in the region.
Meeting timeline
Taskforce meetings will be held on a monthly basis, at different locations across the County. P&Z staff will be the convener of these meetings.
Individual community meetings should be coordinated and held on as needed basis (when we have material ready fro public feedback). Individual taskforce members are responsible for coordinating meetings related to accomplishing goals and implementing pertinent strategies in their community. Information from such meetings will be noted by taskforce members and brought back to the taskforce.
Member Responsibilities
Members of the Taskforce are to represent the goals and consensus of the community they represent.
Taskforce members are responsible for making the communities. Accept communities for what they are and what they are not, in an effort to move beyond turf and to celebrate what truly makes our region unique.
Prioritization of Goals and Strategies from Comprehensive Plan
To be discussed at next meeting…
Assignment of action items & Suggestions from taskforce members
Taskforce committee members were given copies of the Comprehensive Plan and asked to familiarize themselves with its contents and bring any questions or concerns to the next meeting for discussion.
The County web site should be updated and include meeting agendas, minutes, dates and locations of all meetings related to the Comprehensive Plan. It was suggested that a tele-conference line be used when feasible to accommodate those who would like to participate from their communities but who cannot easily travel to be present at a meeting.
Mr. LaGattuta would like to develop community-based surveys to evaluate priorities. Much discussion revolved around this idea.
Mr. Villa would like the taskforce to garnish community development and to use the planning process to do so. The need for feedback is critical to disseminating information. This feedback system should go beyond surveys---establishing inter-agency and departmental relationships is critical.
Don Diego recommended that we encourage our communities to use the Comprehensive Plan as a guideline and a tool to engage the County Commission with the conversations that are happening at the community level. Taskforce input and the Comprehensive Plan should represent the citizens of the communities it serves and not personal agendas.
The ultimate role of the taskforce will be to review, comment and provide feedback to the planning and zoning department to inform and guide the department’s activities and work focus. Taskforce meetings will be a clearinghouse where community input on key issues will be gathered and disseminated.
Mr. Nielson suggested the Taskforce need to close gaps in Taskforce member participation.
Meeting was adjourned-homework for the Taskforce:
o Read Comprehensive Plan, return to the next meeting with comments/suggestions.
o Identify committee remembers from their region to be champions on the regional committees.
o Promote the Comprehensive Plan to fellow community members as a tool to guide policy in their region.
NEXT MEETING: July 22, 2009, 1-3 pm,
Rural Events Center, Abiquiu
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
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
Rio Arriba County Nuisance and Property Blight Ordinance
DRAFT
Rio Arriba County Nuisance and Property Blight Ordinance
2009-06
RIO ARRIBA COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE 2009-06 COMPILING, AMENDING, ADOPTING, RESTATING AND SUPPLEMENTING STANDARDS DEFINING NUISANCE THROUGHOUT RIO ARRIBA COUNTY; SETTING FORTH PERFORMANCE STANDARDS FOR PROPERTY MAINTENANCE IN RIO ARRIBA COUNTY; PROVIDING FOR ADMINISTRATION FOR THE ORDINANCE; AND PROVIDING FOR PENALTIES FOR VIOLATIONS
WHEREAS, this Ordinance will supplement Ordinance No. 2000-01 which provides standards for property maintenance, further defining property blight and constitutes a nuisance violation
within Rio Arriba County.
ARTICLE I. GENERAL PROVISIONS
Section 1. Title
This Ordinance shall be known and may be cited as the Rio Arriba County Nuisance and Property Blight Ordinance.
Section 2. Purpose
This Ordinance has been constructed to maintain the quality of life in Rio Arriba County by
setting standards for property maintenance and reducing visual and environmental property
blight that can adversely impact the character of a neighborhood, public health, safety and
general welfare of the citizens of Rio Arriba County. This Ordinance has also been constructed to maintain compatible land use relationships and to preserve the aesthetic values of Rio Arriba County.
Section 3. Jurisdiction
This Ordinance shall apply to the same proportion of the territory to Rio Arriba County as does Ordinance 2000-01
Section 4. Interpretation
The provisions of this Ordinance are held to be minimum requirements. Whenever any provisions of this Ordinance conflict with other laws, rules, regulations, covenants, or ordinances, the more restrictive shall govern. This Ordinance shall be construed broadly to promote the purposes for which it is adopted.
Whenever the Board of County Commissioners (BCC) or its delegate is required this Ordinance to make a decision, the decision shall be in writing and supported by the findings of fact which are sufficient for meaningful review.
Section 5. Exemptions
This Ordinance does not apply to normal agricultural practices being conducted in an appropriately zoned (CRAD) area or practices at businesses operating under a conditional use permit within the parameters of the issued conditional use permit. This Ordinance does not apply to legal non-conforming land uses that have been or continue to operate within Federal, State and County statues.
ARTICLE II. DEFINITIONS
Consolidate - The act of placing, organizing or arranging various movable objects within one area of a parcel in a manner that shows intent to manage and regulate various movable objects.
Cordoned - The act of placing a fence, wall or visual barrier around various movable objects that have been consolidated into one area of the parcel.
Junk - Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used lumber, used tires, paper products, food containers or any other man made discarded goods or parts that are so worn.
Litter - Carelessly discarded junk that is visible to neighbors, pedestrians and motor vehicle traffic. Litter is considered a public and environmental health hazard, as well as having a negative impact to the aesthetic values of the County.
Nuisance - A nuisance means any substance, matter, emission, or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the County. This includes, without limitation, excessive or noxious noise, odors, vibrations, air pollution, smoke, liquid or solid wastes, heat, glare or dust. The term ‘nuisance’ does not apply to normal agricultural practices being conducted in an appropriately zoned area or business practices operating under the appropriate business license.
Screening - The act of employing an opaque wall to visually shield objects from view from neighbors, pedestrians and motor vehicle traffic.
Tarpaulin - A piece of material, such as durable plastic or outdoor fabric, used for protecting or covering exposed objects.
ARTICLE III. NUISANCE DEFINED
Section 1. Specific Violations
In addition to any act or omission determined to be a nuisance, the following are likewise declared to be a public nuisance:
General Nuisance Violations:
1) To violate any provision of any ordinance of the County, State or Federal Government;
2) To create or permit light trespass to nearby or adjacent properties pursuant to the Rio Arriba County Night Sky Protection Ordinance 2009-04;
3) Accumulation of debris, rubbish, trash, refuse, litter and junk;
4) Essentially interferes with the comfortable enjoyment of life and property, tends to depreciate the aesthetic character of a neighboring properties;
5) To construct or maintain any structure upon any County owned premises without permission from the County;
6) Any building, structure or other place or location where any activity which is in violation of local, State or Federal law is conducted, performed or maintained;
7) The pollution of any well or cistern, stream, lake, canal, acequia, cienaga or body of water by sewage, creamery, industrial wastes, or other substances;
8) Any condition which provides for the infestation of rats, mice, snakes and other vermin;
9) To place any part of an animal carcass or any other offensive substance into any stream, well, spring, arroyo, ditch, pond, acequia, cienaga or other waters within the County;
10) The carcasses of animal or fowl not disposed of within a reasonable time after death;
11) Dense smoke, noxious fumes, gas soot or cinders in unreasonable quantities, to the point of negatively impacting a neighborhood, the environment or causing a fire hazard;
Environmental Nuisance Violations:
12) Any owner or occupant allowing to grow weeds and noxious vegetable growth on the owners or occupants lot or parcel of ground, or on the sidewalks and lawn strips or land areas abutting such lot or parcel of ground;
13) To store or collect on private property vehicles, industrial machinery or liquid waste containers that are leaking fluids onto the property;
14) The infestation of trees or shrubbery by the cocoon (bags) of all members of the genus \ Thyridopteryx (bagworm) and the webs (nests) of all members of the genus Malacosoma of the family Lasiocampide (tent caterpillars) and all of the genus Hyphantria of the family of Arctidae (webworm) and all members of the genus Pyrrhalta Luteola (leaf beetles);
15) To store, collect, maintain or display on private property solid waste or waste that is offensive or hazardous to the health and safety of the public, or which creates an unsanitary condition or offensive odors;
Property Blight Nuisance Violations:
16) Any building or other structure which is in such dilapidated condition that it is unfit for human habitation, or kept such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. Any condition which is attractive and dangerous to children such as a vacant accessible building, excavation, dilapidated walls and fences that encroach public ways, junk on vacant lots which may constitute a hazard to health and welfare to children who may not be able to recognize those dangers;
17) Accumulation of inoperative trucks, inoperative automobiles, inoperative machinery, heavy equipment, abandoned materials, such as metals, tires, lumber construction materials which are unsightly to the area or neighborhood where said objects are placed.
a. These objects must be consolidated and organized within one area of the parcel which is out of view from the surrounding neighbors and not visible from the adjacent road(s).
b. If said objects are not able to be consolidated on the parcel in a manner that is acceptable to \ the Zoning Officer, the Zoning Officer will obligate the violator to cordon and screen said objects from view. Screening of said objects will include, but is not limited to; opaque fencing, foliage \ screening, outdoor tarpaulin.
18) Any abandoned, unattended or discarded washing machine, clothes dryer, refrigerator, \ motor vehicle or any other container of any kind which has an airtight door, or lock which may not be released for opening from the inside of said container.
19) A building within the County is declared to be a nuisance if:
a. The residential or commercial property is found to be in violation of building or housing codes which make the building uninhabitable to the extent that the County, in the exercise of reasonable discretion, believes constitutes a threat to the public health, safety, or welfare; or
b. In the event that the building has been used for illegal drug manufacturing on the premises, which means any property with activity involving unauthorized manufacture of a controlled substance as listed in the State of New Mexico Administrative Laws pertaining to illegal drugs or any chemical for such substances occurs.
ARTICLE IV. ADMINISTRATION AND ENFORCEMENT
Section 1. Enforcement
Enforcement and Penalties for Violation. If the Zoning Administrator finds that any provision of this Article is being violated, the Zoning Administrator shall give notice by hand delivery or by mail, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. The Planning and Zoning Department Staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty (30) day period, the Zoning Administrator may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this Article. Penalties for violation can be found in the Rio Arriba County Design and Development Regulation System Ordinance 2000-01, Article III Enforcement, Section I.
Section 2. Severability
The provisions of this Ordinance are severable and if any paragraph, section, subsection, or part of this Ordinance is held to be invalid, unenforceable, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, inapplicability shall not affect or impair the remainder of this Ordinance.
Section 3. Effective Date
Pursuant to ♣4-37-7 NMSA 1978 it is hereby declared by the Board of County Commissioners of Rio Arriba County that there is an immediate danger of the public health, safety and welfare of Rio Arriba County and therefore this Ordinance shall take effect immediately upon signature by the County Commissioners, signature and recording by the County Clerk and publication by title and general summary in a newspaper of general circulation in Rio Arriba County.
REVIEWED, APPROVED AND ADOPTED ON THIS 25th day of SEPTEMBER 2008.
THE BOARD OF COUNTY COMMISSIONERS
OF RIO ARRIBA COUNTY, NEW MEXICO
Alfredo L. Montoya, Chairman
Commissioner, District II
Elias Coriz
Commissioner, District I
Felipe D. Martinez
Commissioner, District III
ATTEST:
J. Fred Vigil, County Clerk
CERTIFICATE OF FILING
I, J. Fred Vigil, County Clerk, do hereby certify that the foregoing Ordinance designated as Ordinance 2009-02 was filed in my office on the ____ day of April 2008 in Book Number _______, pages _____________.
J. Fred Vigil, County Clerk
Rio Arriba County Nuisance and Property Blight Ordinance
2009-06
RIO ARRIBA COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE 2009-06 COMPILING, AMENDING, ADOPTING, RESTATING AND SUPPLEMENTING STANDARDS DEFINING NUISANCE THROUGHOUT RIO ARRIBA COUNTY; SETTING FORTH PERFORMANCE STANDARDS FOR PROPERTY MAINTENANCE IN RIO ARRIBA COUNTY; PROVIDING FOR ADMINISTRATION FOR THE ORDINANCE; AND PROVIDING FOR PENALTIES FOR VIOLATIONS
WHEREAS, this Ordinance will supplement Ordinance No. 2000-01 which provides standards for property maintenance, further defining property blight and constitutes a nuisance violation
within Rio Arriba County.
ARTICLE I. GENERAL PROVISIONS
Section 1. Title
This Ordinance shall be known and may be cited as the Rio Arriba County Nuisance and Property Blight Ordinance.
Section 2. Purpose
This Ordinance has been constructed to maintain the quality of life in Rio Arriba County by
setting standards for property maintenance and reducing visual and environmental property
blight that can adversely impact the character of a neighborhood, public health, safety and
general welfare of the citizens of Rio Arriba County. This Ordinance has also been constructed to maintain compatible land use relationships and to preserve the aesthetic values of Rio Arriba County.
Section 3. Jurisdiction
This Ordinance shall apply to the same proportion of the territory to Rio Arriba County as does Ordinance 2000-01
Section 4. Interpretation
The provisions of this Ordinance are held to be minimum requirements. Whenever any provisions of this Ordinance conflict with other laws, rules, regulations, covenants, or ordinances, the more restrictive shall govern. This Ordinance shall be construed broadly to promote the purposes for which it is adopted.
Whenever the Board of County Commissioners (BCC) or its delegate is required this Ordinance to make a decision, the decision shall be in writing and supported by the findings of fact which are sufficient for meaningful review.
Section 5. Exemptions
This Ordinance does not apply to normal agricultural practices being conducted in an appropriately zoned (CRAD) area or practices at businesses operating under a conditional use permit within the parameters of the issued conditional use permit. This Ordinance does not apply to legal non-conforming land uses that have been or continue to operate within Federal, State and County statues.
ARTICLE II. DEFINITIONS
Consolidate - The act of placing, organizing or arranging various movable objects within one area of a parcel in a manner that shows intent to manage and regulate various movable objects.
Cordoned - The act of placing a fence, wall or visual barrier around various movable objects that have been consolidated into one area of the parcel.
Junk - Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used lumber, used tires, paper products, food containers or any other man made discarded goods or parts that are so worn.
Litter - Carelessly discarded junk that is visible to neighbors, pedestrians and motor vehicle traffic. Litter is considered a public and environmental health hazard, as well as having a negative impact to the aesthetic values of the County.
Nuisance - A nuisance means any substance, matter, emission, or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the County. This includes, without limitation, excessive or noxious noise, odors, vibrations, air pollution, smoke, liquid or solid wastes, heat, glare or dust. The term ‘nuisance’ does not apply to normal agricultural practices being conducted in an appropriately zoned area or business practices operating under the appropriate business license.
Screening - The act of employing an opaque wall to visually shield objects from view from neighbors, pedestrians and motor vehicle traffic.
Tarpaulin - A piece of material, such as durable plastic or outdoor fabric, used for protecting or covering exposed objects.
ARTICLE III. NUISANCE DEFINED
Section 1. Specific Violations
In addition to any act or omission determined to be a nuisance, the following are likewise declared to be a public nuisance:
General Nuisance Violations:
1) To violate any provision of any ordinance of the County, State or Federal Government;
2) To create or permit light trespass to nearby or adjacent properties pursuant to the Rio Arriba County Night Sky Protection Ordinance 2009-04;
3) Accumulation of debris, rubbish, trash, refuse, litter and junk;
4) Essentially interferes with the comfortable enjoyment of life and property, tends to depreciate the aesthetic character of a neighboring properties;
5) To construct or maintain any structure upon any County owned premises without permission from the County;
6) Any building, structure or other place or location where any activity which is in violation of local, State or Federal law is conducted, performed or maintained;
7) The pollution of any well or cistern, stream, lake, canal, acequia, cienaga or body of water by sewage, creamery, industrial wastes, or other substances;
8) Any condition which provides for the infestation of rats, mice, snakes and other vermin;
9) To place any part of an animal carcass or any other offensive substance into any stream, well, spring, arroyo, ditch, pond, acequia, cienaga or other waters within the County;
10) The carcasses of animal or fowl not disposed of within a reasonable time after death;
11) Dense smoke, noxious fumes, gas soot or cinders in unreasonable quantities, to the point of negatively impacting a neighborhood, the environment or causing a fire hazard;
Environmental Nuisance Violations:
12) Any owner or occupant allowing to grow weeds and noxious vegetable growth on the owners or occupants lot or parcel of ground, or on the sidewalks and lawn strips or land areas abutting such lot or parcel of ground;
13) To store or collect on private property vehicles, industrial machinery or liquid waste containers that are leaking fluids onto the property;
14) The infestation of trees or shrubbery by the cocoon (bags) of all members of the genus \ Thyridopteryx (bagworm) and the webs (nests) of all members of the genus Malacosoma of the family Lasiocampide (tent caterpillars) and all of the genus Hyphantria of the family of Arctidae (webworm) and all members of the genus Pyrrhalta Luteola (leaf beetles);
15) To store, collect, maintain or display on private property solid waste or waste that is offensive or hazardous to the health and safety of the public, or which creates an unsanitary condition or offensive odors;
Property Blight Nuisance Violations:
16) Any building or other structure which is in such dilapidated condition that it is unfit for human habitation, or kept such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. Any condition which is attractive and dangerous to children such as a vacant accessible building, excavation, dilapidated walls and fences that encroach public ways, junk on vacant lots which may constitute a hazard to health and welfare to children who may not be able to recognize those dangers;
17) Accumulation of inoperative trucks, inoperative automobiles, inoperative machinery, heavy equipment, abandoned materials, such as metals, tires, lumber construction materials which are unsightly to the area or neighborhood where said objects are placed.
a. These objects must be consolidated and organized within one area of the parcel which is out of view from the surrounding neighbors and not visible from the adjacent road(s).
b. If said objects are not able to be consolidated on the parcel in a manner that is acceptable to \ the Zoning Officer, the Zoning Officer will obligate the violator to cordon and screen said objects from view. Screening of said objects will include, but is not limited to; opaque fencing, foliage \ screening, outdoor tarpaulin.
18) Any abandoned, unattended or discarded washing machine, clothes dryer, refrigerator, \ motor vehicle or any other container of any kind which has an airtight door, or lock which may not be released for opening from the inside of said container.
19) A building within the County is declared to be a nuisance if:
a. The residential or commercial property is found to be in violation of building or housing codes which make the building uninhabitable to the extent that the County, in the exercise of reasonable discretion, believes constitutes a threat to the public health, safety, or welfare; or
b. In the event that the building has been used for illegal drug manufacturing on the premises, which means any property with activity involving unauthorized manufacture of a controlled substance as listed in the State of New Mexico Administrative Laws pertaining to illegal drugs or any chemical for such substances occurs.
ARTICLE IV. ADMINISTRATION AND ENFORCEMENT
Section 1. Enforcement
Enforcement and Penalties for Violation. If the Zoning Administrator finds that any provision of this Article is being violated, the Zoning Administrator shall give notice by hand delivery or by mail, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. The Planning and Zoning Department Staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thirty (30) day period, the Zoning Administrator may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this Article. Penalties for violation can be found in the Rio Arriba County Design and Development Regulation System Ordinance 2000-01, Article III Enforcement, Section I.
Section 2. Severability
The provisions of this Ordinance are severable and if any paragraph, section, subsection, or part of this Ordinance is held to be invalid, unenforceable, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, inapplicability shall not affect or impair the remainder of this Ordinance.
Section 3. Effective Date
Pursuant to ♣4-37-7 NMSA 1978 it is hereby declared by the Board of County Commissioners of Rio Arriba County that there is an immediate danger of the public health, safety and welfare of Rio Arriba County and therefore this Ordinance shall take effect immediately upon signature by the County Commissioners, signature and recording by the County Clerk and publication by title and general summary in a newspaper of general circulation in Rio Arriba County.
REVIEWED, APPROVED AND ADOPTED ON THIS 25th day of SEPTEMBER 2008.
THE BOARD OF COUNTY COMMISSIONERS
OF RIO ARRIBA COUNTY, NEW MEXICO
Alfredo L. Montoya, Chairman
Commissioner, District II
Elias Coriz
Commissioner, District I
Felipe D. Martinez
Commissioner, District III
ATTEST:
J. Fred Vigil, County Clerk
CERTIFICATE OF FILING
I, J. Fred Vigil, County Clerk, do hereby certify that the foregoing Ordinance designated as Ordinance 2009-02 was filed in my office on the ____ day of April 2008 in Book Number _______, pages _____________.
J. Fred Vigil, County Clerk
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