Legal Notices-Government

A RESOLUTION DECLARING THE PROPERTY LOCATED AT 751 LOS LENTES RD NE, LOS LUNAS, NM 87031 A MENACE TO THE PUBLIC COMFORT, HEALTH, PEACE, AND SAFETY AND THEREBY ORDERING THE REMOVAL OF ANY AND ALL WEEDS, RUINS, RUBBISH, WRECKAGE, DEBRIS OR DANGEROUS BUILDINGS FROM SAID PROPERTY.

WHEREAS, the inspection of the property described as:

One (1) tract of land situate within Section 22, Township7 North, Range 2 East of the New Mexico Principal Meridian in Valencia County, New Mexico, being Tract 74, as such tract is shown on Map 69 of the Surveys of the Middle Rio Grande Conservancy District and being described on Warranty Deed filed in the Office of the County Clerk of Valencia County, New Mexico, on February 25, 2015, in Document number 201601855.

Being better described by metes and bounds as follows:

Beginning at the northeast corner (point also being on the westerly right-of-way of Los Lentes Road),

thence, S. 14 deg. 43’24” W., 180.34′ to the southeast corner;

thence, N. 81 deg. 25′ 53″ W., 229.58′ to the southwest corner;

thence, N. 04 deg. 08’49” W., 169.63′ to the northwest corner;

thence, S. 84 deg. 11’48” E., 286.59′ to the northeast corner and point of beginning.

with a physical address of 751 Los Lentes Rd. NE, Los Lunas, NM 87031 (hereinafter referred to as “the Property”) revealed an excess of weeds, ruins, rubbish, wreckage, debris or dangerous buildings from a lack of regular maintenance that are now unsafe and a threat to the public’s health, safety and welfare;

WHEREAS, on May 1, 2019, Dennis Pyle and Sarah Pyle, husband and wife entered into a real estate contract for the purchase of the Property from the record owner of the Property, Jerry Gabaldon;

WHEREAS, after Dennis Pyle and Sarah Pyle entered into the real estate contract with Jerry Gabaldon for the purchase of the Property, and without obtaining any permits or approvals from the Village of Los Lunas in violation of Village of Los Lunas applicable zoning ordinances and applicable Village of Los Lunas Building Codes, they moved or had eleven modular units onto the Property;

WHEREAS, Dennis Pyle and Sarah Pyle have defaulted under the terms of the real estate contract and Jerry Gabaldon has taken ownership of the Property as of January 21, 2021;

WHEREAS, the Village of Los Lunas has been coordinating with Dennis Pyle and Sarah Pyle for the removal of the eleven modular units that were placed on the Property, however, despite the attempts by the Village of Los Lunas to allow Dennis Pyle and Sarah Pyle to remove the eleven modular units, since January 21, 2021, the date that their interest in the real estate contract was terminated, only four of the eleven modular units have been removed from the Property, and there currently remains seven modular units on the Property;

WHEREAS, no action has been taken by Jerry Gabaldon, the current owner of the Property, to remove the weeds, ruins, rubbish, wreckage, debris or dangerous buildings from said property;

WHEREAS, the Code Enforcement Officer and Police Chief for the Village of Los Lunas, New Mexico have determined that said weeds, ruins, rubbish, wreckage, debris and dangerous buildings to be a menace to public comfort, health, peace or safety;

WHEREAS, Section 3-18-5 NMSA 1978 “Dangerous Buildings or Debris; Removal; Notice; Right of Municipality to Remove; Lien”, gives the governing body of a municipality the authority to declare any building or structure which is ruined, damaged and dilapidated, or any premise which is covered with ruins, rubbish, wreckage or debris a menace to the public comfort, health, peace and safety and require the removal from the municipality of the building, structure, ruins, rubbish wreckage and debris; and

NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE VILLAGE OF LOS LUNAS that:

SECTION ONE: The determination of the Code Enforcement Officer and Police Chief of the Village of Los Lunas, New Mexico is that said weeds, ruins, rubbish, wreckage, debris and dangerous buildings as to be a menace to public comfort, health, peace or safety.

SECTION TWO: The Governing Body of the Village of Los Lunas, New Mexico hereby accepts the determination of the Code Enforcement Officer and Police Chief based on the evidence presented declares the following described real property located at 751 Los Lentes Rd NE, Los Lunas, NM 87031, and further described as follows:

One (1) tract of land situate within Section 22, Township7 North, Range 2 East of the New Mexico Principal Meridian in Valencia County, New Mexico, being Tract 74, as such tract is shown on Map 69 of the Surveys of the Middle Rio Grande Conservancy District and being described on Warranty Deed filed in the Office of the County Clerk of Valencia County, New Mexico, on February 25, 2015, in Document number 201601855.

Being better described by metes and bounds as follows:

Beginning at the northeast corner (point also being on the westerly right-of-way of Los Lentes Road),

thence, S. 14 deg. 43’24” W., 180.34′ to the southeast corner;

thence, N. 81 deg. 25′ 53″ W., 229.58′ to the southwest corner;

thence, N. 04 deg. 08’49” W., 169.63′ to the northwest corner;

thence, S. 84 deg. 11’48” E., 286.59′ to the northeast corner and point of beginning,

(the “Property”) is a menace to the public comfort, health, peace and safety.

SECTION THREE: The Governing Body of the Village of Los Lunas hereby orders the removal of weeds, ruins, rubbish, wreckage, debris and dangerous buildings from the Property within ten (10) days of service of this Resolution or of the posting and publishing of a copy of this Resolution under the authority granted to the municipality by Section 3-18-5 NMSA 1978.

SECTION FOUR: The Governing Body of the Village of Los Lunas hereby orders the owner, occupant or agent of record whose names appear on the title to the Property to commence removing the weeds, ruins, rubbish, wreckage, debris and dangerous buildings within ten (10) days after service of a copy of this Resolution or of the posting and publishing of a copy of this Resolution, or file a written objection to the findings stated herein with the Village Clerk asking for a hearing before the Governing Body of the Village of Los Lunas, New Mexico.

SECTION FIVE: If the owner, occupant, or agent in charge of the buildings, structures or premise fails to commence removing the weeds, ruins, rubbish, wreckage and debris:

1. Within ten (10) days of being served a copy of this Resolution or of the posting and publishing of this Resolution; or

2. Within five (5) days of the determination by the Governing Body that this Resolution shall be enforced; or

3. In the event that the owner, occupant or agent appeals a determination of the Governing Body, after the District Court enters a judgment sustaining the determination of the Governing Body,

The municipality may remove the weeds, ruins, rubbish, wreckage, debris, and the remaining modular units located on the Property at the cost and expense of the owner of the modular units or the Property owner. The reasonable cost of the removal of the weeds, ruins, rubbish, wreckage, modular units so removed may be paid for by the Village of Los Lunas granting to the person removing such materials, the legal title to all salvageable materials in lieu of all other compensation, or by the filing of a lien against the lot or parcel of land from which they were removed. Any lien filed against the Property may be foreclosed in the manner provided in Sections 3-36-1 through 3-36-6 NMSA 1978.

Published in the Valencia County News-Bulletin: March 31, 2022

Valencia County News-Bulletin

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