The Administrator, through Code Enforcement Officers employed by the Administrator, shall investigate complaints of any person who participates in, assists, directs, creates or maintains any building, structure or use that is contrary to the requirements of the SLDC, who fails to obtain a permit required by the SLDC, or who violates the terms or conditions of any development order issued pursuant to the SLDC.

Upon receipt of a complaint, the Administrator shall assign a Code Enforcement Officer to investigate the facts of the complaint.

The Code Enforcement Officer may, as appropriate, review files held by the Administrator, interview person or persons with knowledge of the facts giving rise to the complaint, inspect a site, buildings or structures, interview the complaining person or the person alleged to have committed the violation.

After investigating the facts, the Code Enforcement Officer may find a violation exists and shall initiate either a criminal, civil, administrative, or a combination of the three actions against the violator.

CRIMINAL.

The Code Enforcement Officer may issue a Notice of Violation to the offending party that indicates the nature of the violation, a stop work order may accompany the notice. If the offending party stops work immediately and/or agrees to remedy the violation, then the offending party will have fifteen (15) working days to come into compliance. If the offending party refuses to stop work and/or remedy the violation, the Code Enforcement Officer may issue a final Notice of Violation and file a criminal complaint in Court seeking the penalties set forth in § 14.4: PENALTIES.

If the offending party, who agreed to come into compliance within fifteen (15) working days, does not come into compliance in that timeframe, the Code Enforcement Officer may issue the offending party a final Notice of Violation and a criminal complaint in Court seeking the penalties set forth in § 14.4: PENALTIES.

Simultaneous to any criminal action a Code Enforcement Office and the County Attorney’s Office may file a civil case for injunction or abatement, and an administrative case for revocation of the development permit.

Once a disposition of the complaint has been reached, the Administrator shall notify the complaining party as to the disposition of the complaint.

CIVIL.

Injunctive Relief.
The Code Enforcement Officer may issue a Notice of Violation to the offending party that indicates the nature of the violation and a stop work order. If the offending party stops work immediately and/or agrees to remedy the violation, then the offending party will have fifteen (15) working days to come into compliance. If the offending party refuses to stop work or goes over the fifteen (15) working days to come into compliance the Code Enforcement Office along with the help of the County Attorney will file a civil complaint in District Court in accordance with NMSA 1978, §§ 3-21-10 and 3-21-13.

Abatement Actions.
If any development constitutes a public nuisance as defined in Ordinance 2009-11, NMSA 1978, § 3-18-5, or as generally defined in NMSA 1978, § 30-8-1, the Board may apply to a court for authority to abate the nuisance in accordance with NMSA 1978, § 30-8-8.

ADMINISTRATIVE.

Revocation of a development permit.
Upon issuance of a Notice of Violation and stop work order, the cited work shall immediately cease. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform, shall be subject to revocation of a development permit for non-compliance. The revocation letter shall be sent to the individual who obtained the development permit by the Administrator. The individual has the right of appeal in accordance with § 4.5: APPEALS. The individual must remedy any code violation on the property before obtaining a new permit to restart development.

Forfeiture of Financial Assurance.
If a development under § 7.22.1 Applicability has been issued a Notice of Violation, a stop work order, refuses to cease work, and has their development permit revoked; the Administrator may forfeit the financial assurance by issuing a letter of forfeiture. The development has the right of appeal in accordance with § 4.5: APPEALS.