Title 8 HEALTH AND SAFETY
Chapter 8.16 WEED AND DEBRIS CONTROL
8.16.080 Penalties and liens.
A. If a notice is provided to the owner or any person(s) having
supervision or control of such real property, the failure or refusal to comply
with the demand for compliance within the applicable time period shall be deemed
to be maintaining a public nuisance and the city, or its authorized designee,
may issue a citation in municipal court and/or file a lien upon and against such
real property to include all costs, filing fees, charges and expenses, in
addition to a charge to and personal liability to the
owner.
B. Notwithstanding any provision of this section to the contrary, the
city or its authorized designee has authority to issue immediate citations to
persons violating any provisions of this chapter in the presence of said
official. Any person violating any of the provisions of this chapter shall be
punished as provided in Section 1.24.020 of this code.
C. To obtain a lien
against the property, the city manager must file a claim of lien as provided by
Section 3-36-1 et seq. NMSA 1978. Such lien, when filed and recorded, as
required by this chapter shall constitute a first and paramount lien against
such tract of real property, subject only to the priority of the general
property tax.
D. The remedies set forth in this section shall be considered
cumulative, and the exercise of one such remedy shall not preclude the city from
pursuing any other remedy. (Ord. 1599-99 § 3(part), 1999).
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