Legal Notices-Government

WHEREAS, the inspection of the property located on the following described real property located at 735 N. Bosque Loop, Bosque Farms, NM 87068, further described as Subd: BOSQUE PARK Lot: 35 Block: 5 0.98 ACRE, revealed an excess of weeds, Chinese Elm trees, dead trees, dead limbs, 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; and

WHEREAS, no action has been taken by Roe J. Maier, JR & Sylvia Maier, owner of record of said property as shown by the records of the Valencia County Clerk, to remove the weeds, Chinese Elm trees, dead trees, dead limbs, ruins, rubbish, wreckage, debris or dangerous buildings from said property; and

WHEREAS, the Code Enforcement Officer, Planning and Zoning Administrator, Police Department and Fire Department for the Village of Bosque Farms, New Mexico have determined that said weeds, Chinese Elm trees, dead trees, dead limbs, ruins, rubbish, wreckage, debris and dangerous buildings to be a menace to public comfort, health, peace or safety; and

WHEREAS, New Mexico Statutes Annotated (NMSA) 1978, Chapter 3 “Municipalities”, Article 18 “Powers of Municipalities”, Section 3-18-5 “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 BOSQUE FARMS that:

SECTION ONE:
The determination of the Code Enforcement Officer, Planning and Zoning Administrator, Police Department and Fire Department of the Village of Bosque Farms, New Mexico is that said weeds, Chinese Elm trees, dead trees, dead limbs, 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 Bosque Farms, New Mexico hereby accepts the determination of the Planning & Zoning Officer, Chief of Police and Village Fire Marshal based on the evidence presented declares the following described real property located at 735 N. Bosque Loop, Bosque Farms, NM 87068, further described as Subd: BOSQUE PARK Lot: 35 Block: 5 0.98 ACRE a menace to the public comfort, health, peace and safety.

SECTION THREE:
The Governing Body of the Village of Bosque Farms hereby orders the removal of weeds, Chinese Elm trees, dead trees, dead limbs, ruins, rubbish, wreckage, debris and dangerous buildings from the following described real property located at 735 N. Bosque Loop, Bosque Farms, NM 87068, further described as Subd: BOSQUE PARK Lot: 35 Block: 5 0.98 ACRE, 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 NMSA 1978, Chapter 3, Article 18, Section 3-18-5.

SECTION FOUR:
The Governing Body of the Village of Bosque Farms hereby orders the owner, occupant or agent of record whose names appear on the title to the property located at 735 N. Bosque Loop, Bosque Farms, NM 87068, further described as Subd: BOSQUE PARK Lot: 35 Block: 5 0.98 ACRE, to commence removing the weeds, Chinese Elm trees, dead trees, dead limbs, 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 Bosque Farms, New Mexico.

SECTION FIVE:
If the owner, occupant or agent in charge of the buildings, structures or premise fails to commence removing the weeds, Chinese Elm trees, dead trees, dead limbs, 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. After the District Court enters a judgment sustaining the determination of the Governing Body, the municipality may remove the weeds, Chinese Elm trees, dead trees, dead limbs, ruins, rubbish, wreckage and debris at the cost and expense of the owner. The reasonable cost of the removal shall constitute a lien against weeds, Chinese Elm trees, dead trees, dead limbs, ruins, rubbish, wreckage, debris and dangerous buildings so removed and against the lot or parcel of land from which it was removed. The lien may be foreclosed in the manner provided in Sections 3-36-1 through 3-36-6 NMSA 1978.

PASSED, ADOPTED AND APPROVED THIS 18th DAY OF FEBRUARY, 2021

Village of Bosque Farms
/s/ Russell Walkup,
Mayor

Attest:
/s/ Gayle A. Jones,
Administrator