Details for PO#52031 PUBLIC NOTICE

PO#52031

PUBLIC NOTICE

Notice is given that on April 27, 2021, at 6:00pm, the City Council of the City of Española will be meeting in the Council Chambers at 405 N Paseo de Oñate, Española NM, and online via Zoom, to consider

RESOLUTION #2021-13

A RESOLUTION REQUIRING THE PROMPT REMOVAL OF RUINED, DAMAGED AND DILAPIDATED STRUCTURES, MATERIALS, DEBRIS AND ABANDONED VEHICLES TO ABATE A MENACE TO THE PUBLIC COMFORT, HEALTH, SAFETY AND WELFARE AT 615 B CALLE OLIVAS,

IN THE CITY OF ESPAÑOLA, RIO ARRIBA COUNTY, NEW MEXICO; REQUIRING THE OWNER OR OWNERS OF THE PROPERTIES TO PROMPTLY COMMENCE AND COMPLETE THE REMOVAL FROM THE PROPERTIES OF ALL RUINED, DAMAGED AND DILAPIDATED STRUCTURES, MATERIALS, DEBRIS AND ABANDONED VEHICLES, INCLUDING BUT NOT LIMITED TO STRUCTURES, ABANDONED MOTOR VEHICLES, MANUFACTURED OR MOBILE RESIDENTIAL/COMMERCIAL STRUCTURES, TRAVEL TRAILERS, WEEDS, DEAD TREE LIMBS, RUBBISH AND OTHER DEBRIS; PROVIDED THAT AN OWNER, OCCUPANT OR AGENT IN CHARGE OF ANY INDIVIDUAL PROPERTY MAY FILE WRITTEN OBJECTIONS TO THIS RESOLUTION SEEKING A HEARING BEFORE THE GOVERNING BODY OF THE CITY OF ESPAÑOLA; AUTHORIZING THE ADMINISTRATION OF THE CITY OF ESPAÑOLA TO CAUSE REMOVAL OF THE RUINED, DAMAGED AND DILAPIDATED STRUCTURES, MATERIALS, DEBRIS AND ABANDONED VEHICLES IF OWNERS OF AN INDIVIDUAL PROPERTY DO NOT TIMELY UNDERTAKE SUCH REMOVAL AND PROVIDING THAT THE GOVERNING BODY OF THE CITY OF ESPAÑOLA (“CITY COUNCIL”) AUTHORIZES THE CITY ADMINISTRATOR TO TAKE ACTIONS IT DEEMS NECESSARY OR CONVENIENT TO LIEN THE INDIVIDUAL PROPERTIES, PURSUE FORECLOSURE OF THE PROPERTY BY ANY AVAILABLE LEGAL REMEDY SO AS TO RECOVER ITS COSTS AND EXPENSES INCURRED IN CLEANING THE PROPERTY.

A. WHEREAS, it has been brought to the attention of the City Council that the property addressed as 615 B Calle Olivas, UPC# 1-047-122-288-406, owned by James R. Erbes as identified by the Rio Arriba County Assessor databases and the records of the Rio Arriba County Clerk contains an accumulation of ruined, damaged and dilapidated structures, materials and debris, including abandoned motor vehicles, abandoned travel trailers, stick built and mobile structures, weeds, rubbish, trash, dead tree limbs and other debris; and

B. WHEREAS, the unoccupied, abandoned, neglected, and ruined structures, damaged and dilapidated materials and debris on the Property are visually offensive, create fire hazards, harbor rodents, insects and other animals hazardous to the comfort, health and safety of the public; and

C. WHEREAS, drought conditions afflict the City and compounding the urgency of clean-up of distressed and dilapidated properties is the clear and present danger of a fire erupting and spreading within the City; and

D. WHEREAS, the Governing Body finds that it is necessary to clean up the Property and remove from it the uninhabitable, unrepairable or abandoned structures and ruined, damaged and dilapidated materials and debris, including abandoned, inoperable and unusable motor vehicles, stationary or mobile, to ensure the comfort, health, safety and welfare of the public, including residents and owners of adjacent properties and the City pursuant to §3-18-5, NMSA 1978, is authorized and empowered to cause the removal and disposal of such and it is necessary to do so in order to provide for the public comfort, health, safety and welfare; and

H. WHEREAS, pursuant to §3-18-5(F), NMSA 1978, any costs incurred by the City, including costs of recovering all related expenses for the removal, disposal and recovery of all expenses relating to ridding of the nuisance created by the ruined, damaged and dilapidated materials from the Property shall constitute a lien upon the individual Property benefitted by the City cleanup, which lien may be foreclosed in accordance with §§3-36-1 through 3-36-6, NMSA 1978; and

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Espanola, New Mexico, that:

1. The vacant, abandoned structures and ruined, damaged and dilapidated materials and debris, abandoned motor vehicles, travel trailers site built or manufactured structures located upon the Property listed in Whereas A of this Resolution constitutes and is hereby declared to be a public nuisance and an imminent and serious menace to the public comfort, health, safety and welfare of the City and its residents and property owners.

2. Prompt abatement of the conditions on the Properties, including removal from the Properties of ruined, damaged and dilapidated structures, materials and debris, including but not limited to trash, rubbish, weeds, dead tree limbs and other debris, as well as the abandoned and inoperable motor vehicles, travel trailers, site built or manufactured structures, is required to protect the public comfort, health, safety and welfare of the City, its residents and property owners.

3. Pursuant to this Resolution and §3-18-5, NMSA 1978, the owner or owners of the Properties (the "Owners," which term shall include the persons or entities identified as owners or reputed owners in County data bases and records and any other claimant of an interest in the Properties) are hereby ordered to commence and promptly to bring to completion the removal from the Properties of all ruined, damaged and dilapidated materials, including all trash, rubbish, weeds, dead tree limbs and other debris, abandoned and inoperable motor vehicles, travel trailers and site built or manufactured structures located on the Properties; to provide for the proper disposal or recycling of such; and to bring the Properties into such condition that they no longer constitute menaces to the public comfort, health, peace and safety, to the full and complete satisfaction of the City as determined by the City Administration in the discretion of the City Manager.

4. Abatement of the unsatisfactory conditions on the Properties and removal of ruined, damaged and dilapidated materials as provided herein shall commence no later than ten (10) days following service of this Resolution upon the Owner, occupant, or agent in charge of an individual Property, which service shall be deemed complete upon the mailing of a copy of this Resolution to their last known mailing addresses and the posting of a copy of this Resolution on the individual Property. The City Clerk shall publish a notice of this Resolution being considered for possible action by the City Council at its regular meeting, one time in a newspaper of general circulation in Española. Such abatement and removal shall be commenced by an owner of an individual property within (10) days of receipt of a copy of this Resolution or within ten (10) days of the publication of this Resolution (whichever date is later) and shall be vigorously and continuously prosecuted until the unsatisfactory conditions have been fully resolved and the ruined, damaged and dilapidated materials entirely removed from the Property as provided herein.

5. In the event that abatement of the unsatisfactory conditions on the Property, including removal of ruined, damaged and dilapidated materials as provided herein, is not commenced and completed by the Owners, or any of them, within the time periods specified herein or an extension or extensions of time as may be lawfully required in accordance with §3-18-5, NMSA 1978, then the City administration shall and is hereby instructed to undertake the abatement of such unsatisfactory conditions and the removal of all ruined, damaged and dilapidated materials from the Property in the manner provided by §3-18-5, NMSA 1978. In the event the City administration finds it necessary to remove the abandoned vehicles with vehicle identity numbers, their removal and destruction shall be affected in accordance with §§66-3-119 through 66-3-121, NMSA 1978, and any other applicable statutes relating to the transport, destruction or dismantling of abandoned vehicles.

6. As provided in §3-18-5(F), NMSA 1978, the reasonable costs incurred by the City to abate the unsatisfactory conditions on the Property and for removal of ruined, damaged and dilapidated materials and to provide for proper disposal or recycling of such ruined, damaged and dilapidated materials, and to bring the Property into such condition that it no longer constitutes a menace to the public comfort, health, safety and welfare, shall be a lien upon the Property and shall be foreclosed in the manner provided by §§3-36-1 through 3-36-6, NMSA 1978.

7. If the Owners, or any of them, or any occupant of a Property or agent of an Owner of a Property objects to this Resolution or any provision hereof, such Owner, occupant or agent may, within ten (10) days following service or publication (whichever is later) of this Resolution as provided herein, file written objections in the office of the City Clerk of the City of Española, and the City will thereupon provide for a hearing before the Governing Body to consider application of this Resolution to the Property of an objecting Owner and will consider and decide such objections in accordance with §3-18-5(D), NMSA 1978.

(Published April 22nd, 2021)

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