A. All complaints alleging the existence of a public nuisance shall be filed with the department of inspections city of Clovis.
B. The department of inspections shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practical, photographs of the premises shall be attached to the written report. The inspection department shall keep such written reports on file for at least three years.
C. Upon determining that a public nuisance exists on private property and that there is a danger to the public health, safety, peace or general welfare, the inspection department shall cause a notice to be delivered to the owner and occupant of the private property where the public nuisance exists or upon the person causing, permitting or maintaining such nuisance, if such owner, occupant or person causing the nuisance can be found, and shall post a copy of the notice on the premises where the public nuisance exists.
D. Such notice shall specifically describe the public nuisance and shall direct the owner and occupant of the private property where the public nuisance exists or the person causing, permitting or maintaining such nuisance to abate or remove such nuisance within a designated time the service or posting of the notice. Such notice shall contain a telephone number and a name of the city officer or employee who made the inspection resulting in the notice, or shall state that telephone inquiries may be made. If the owner, the occupant or person cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless notice is so abated or removed, that the cost thereof will be charged to the owner, occupant or person causing, permitting or maintaining the nuisance and that such costs shall be a lien on the real property where the nuisance was abated or removed. Such notice shall also state that a failure of such owner, occupant or person to abate or remove the nuisance as required by such notice shall be deemed an implied consent for the city to abate or remove the nuisance. The implied consent shall be deemed a form of a contract between the owner, occupant or person and the city. If the public nuisance does not constitute a great or immediate danger to the public health, safety or welfare the department of building safety may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes, a notice to demand the abatement or removal of the violation within five business working days. In the event a second notice of the same or similar nuisance condition for a property is given within a twelve-month period, the abatement time may be reduced to two business working days.
E. If the nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the inspection department may cause the abatement or removal of such public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated and removed.
F. The owner or occupant of the private property where the public nuisance exists who fails to abate or remove the nuisance required by this section, thereby consents, under the terms of this section, to have the city abate or remove the nuisance at the expense of the owner or occupant.
G. The person upon whom notice to abate a nuisance is served, the property owner, tenant or other affected person may appeal the determination of the nuisance in writing to the Clovis city manager. The written appeal must be made within the time period in which to abate the nuisance is given in the notice. The city manager shall meet with the appellant within five working days of receipt of the written appeal. The city manager may extend the time in which the nuisance must be abated, determine that the nuisance does not or no longer exists, or that the nuisance must be abated within the time period set out in the notice or immediately if the period set out in the notice has run. Provided, however, that if the nuisance was determined to be an emergency and that if the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal may be heard after the abatement of the nuisance by the city. In that event, the city manager may determine that the appellant is liable for the costs, or that, upon good cause shown, that appellant is not liable for the cost and that a lien shall not be filed by the city upon the property. The notice to abate shall contain a statement as to the right of appeal.
H. Whenever a bill for the reasonable cost of abatement or removal of a nuisance pursuant to this ordinance remains unpaid for thirty days after it has been sent, the finance director shall file a notice of lien with the office of the county clerk. Any notice of lien pursuant to the ordinance codified in this chapter shall be filed within forty-five days after the costs and expenses of abatement or removal of the nuisance has been incurred by the city. A notice shall conform to the provisions of Section 3-36-1 et seq., NMSA 1978.
I. Costs and expenses under the ordinance codified in this chapter include, but are not limited to, the actual costs and expenses in time of city employees or city authorized contractors, and in materials concerning the actual actions of abatement of the nuisance pursuant to the ordinance codified in this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosures and other related expenses, including but not limited to reasonable attorney fees.
J. A copy of the notice of lien shall be mailed by the finance director to the owner of the property or to the occupant, or to the person or persons in whose name such real estate was last billed for property tax purposes. The city attorney may institute proceedings in the name of the city for foreclosure of the lien in the matter prescribed by law.
K. Interest shall accrue on the costs and expenses at the rate normally charged by the city for delinquent accounts. (Ord. 1855-2006 § 2(part), 2006; Ord. 1646-2000 § 3(part), 2000).