Planning & Development Eddy County Committee Community Services Department Jim Grantner 101 W. Greene Street Haley Klein Carlsbad, NM 88220 Jeff McLean (575) 887-9511 Joe Pemberton Fax (575) 234-1570 Woods Houghton www.eddycounty.org Planning & Development Advisory Committee Regularly Scheduled Meeting Thursday, March 2, 2017, 1:30 P.M. Eddy County Administration Complex, Commission Chambers, (2 nd Floor) 101 W. Greene Street, Carlsbad, New Mexico 88220 AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Approval of Agenda 5. Approval of Minutes 2-7-17 6. Discussion and review of the Solid Waste, Illegal Dumping and Nuisance Ordinance 7. Possible Approval of the Solid Waste, Illegal Dumping and Nuisance Ordinance to move to BOCC for approval of a public meeting date. 8. Emergency Business 9. Announcements and Comments 10. Adjourn To request details on any agenda items please contact Steve McCroskey, via e-mail at smccroskey@co.eddy.nm.us or by phone at (575) 887-9511 at the Community Services Department located at 101 W. Greene Street, Carlsbad, NM, 88220. If you are an individual with a disability who is in need of aid or service to attend and participate in the meeting, please contact the Community Services Department at least 24 hours in advance. Copies of this agenda may be picked-up at the Eddy County Complex. P a g e 1 1
EDDY COUNTY PLANNING & DEVELOPMENT ADVISORY COMMITTEE MEETING MINUTES February 2, 2017, 1:30 p.m. Members Jim Grantner, Chairman Joe Pemberton, Vice Chairman Haley Klein, Board Member Jeffery McLean, Board Member Woods Houghton, Board Member Staff Present/Guest Wesley Hooper, Community Service Steve McCroskey, County Planner Suzanne Hathon, Code Enforcement Officer Karistie Simpson, Code Enforcement Officer Veronica Parras, Admin. Secretary Tyler Ortega, I. Opening: Grantner calls meeting into order at 1:31 p.m. II. III. IV. Roll Call: Houghton absent. All other present Pledge of Allegiance. Approval of Agenda: McCroskey states there will be an additional item added to today s agenda regarding the prioritization of ordinances. It will be discussed after item #7. Pemberton made motion to approve the agenda and added item. Klein seconded the motion. Voting yes: Pemberton, McLean, Grantner and Klein. Passed 4-0 V. Approval of Minutes 01/05/17: McLean made motion to approve minutes. With the correction of the opening time from 2:00 p.m. to 1:31 p.m. Voting yes: Pemberton McLean, Grantner and Klein. Passed 4-0 VI. Approval of Witt Summary Subdivision: McCroskey states that the tract is being divided into 6 additional parcels. Water would be via well, sewer via septic, and solid waste via Southwest Disposal. Some sections are in an un-numbered A zone floodplain and require the floor of any structure be at a 3 foot elevation. The summary did not have to pass through the City of Carlsbad P&D due to the property being over 5 acres and is exempt from the P&D. Ortega then states the easement for the electrical are from tones and Cherry and are of 60 foot easements. Electricity will be provided by Excel Energy. With no other questions from the committee, McLean makes motion to approve the Witt Summary Subdivision as shown on packet presented. Klein seconded the motion. Voting yes: Pemberton, McLean, Grantner and Klein. Passed 4-0 VII. Discussion and Review of Solid Waste, Illegal Dumping and Nuisance Ordinance: Defacement of Property, McCroskey reads and compares the language that the City of Carlsbad and the City of Artesia have in their ordinances. After review and discussion from the committee McLean does not see the
need for the Defacement of Property item to be on the ordinance. Klein, Pemberton and Grantner agree. McCroskey will strike the item from the ordinance. Exterior Areas of Property, Houghton had an issue and is absent. Will respectfully move forward and will be presented again in final review. Committee agrees to move forward. New Sections for review and comment, McCroskey presents sections 9.8 9.13. All wording is out of the IPMC. Klein doesn t agree with the language on 9.13 (g) suggests that legal review language. With no questions or comments from the committee and language is approved with legal, moving forward. Closing of a Structure and Disconnection of Utilities was presented by McCroskey with no questions or comments from the committee. Moving forward. VIII. IX. Ordinance Prioritization: McCroskey asking the P&D Committee for some help on the prioritization of ordinances. Ordinances in mind: 1. Off Highway Vehicles 2. Rural Addressing 3. Man camps/ Temporary RV Parks 4. Abandoned Water Wells 5. Commercial use in Residential Areas. Grantner suggests recommendations should be coming from staff to BCC then to P&D Advisory Board. McLean and Klein agree with Grantner suggesting that Man Camps and Water Wells should be a higher priority. All members agree. Comments and Announcements: McCroskey says for all members to plan for 2/16/17 special meeting. Klein will not be able to attend. X. Adjourn: McLean makes motion to adjourn. Klein seconded the motion. Voting yes: Permberton, Grantner, Klein and McLean. Passed 4-0 Jim Grantner, Chairman Approved this day of, 2017 Subscribed and sworn to before me this day of,. My Commission expires. Veronica C. Parras, Public Notary
ORDINANCE REVISION The final sections of the ordinance revision
New Sections for review and comment 9.15 - Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment. The notice shall be in the form prescribed in Section 6 9.16 - Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word Condemned and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 9.17 - The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this ordinance.
9.18 - Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this ordinance. 9.19 - The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. 9.20 - The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
9.21 - When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a noticed reading as follows: This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of securing he structure, making the required repairs, removing the hazardous condition or of demolishing the same. 9.22 - Notwithstanding other provisions of this ordinance, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
9.23 - When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized. 9.24 - For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible 9.25 - Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 9.26 - Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the County Commission, be afforded a hearing as described in this ordinance.
9.27 - The code official shall order the owner of any premises upon which is located any structure, which in the code official s judgement after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the code official. 9.28 - All notices and orders shall comply with Section 6 9.29 - If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
9.30 - Removal of Unsafe, Unoccupied, Uninhabitable and Dilapidated Structures and Equipment: a) A copy of the resolution adopted pursuant to this chapter shall be served on the owner, occupant or agent in charge of the building, structure or premise. If the owner, as shown by real estate records of the county clerk, occupant, or agent in charge of the building, structure or premises cannot be served, within the county, a copy of the resolution shall be posted on the building, structure or premises, and a copy shall be published one (1) time in a newspaper of general circulation in Eddy County. b) Within ten (10) days of the receipt or of the posting and publishing of a copy of the resolution adopted pursuant to this chapter, the owner, occupant or agent in charge of the building, structure or premises shall commence removing the building, structure, wreckage or debris or file a written objection with the County Manager asking for a hearing before the County Commission Board. c) If a written objection is filed, the County Commission shall: a) Fix a date for a hearing on its resolution and the objection. b) Consider all evidence for and against the removal resolution at the hearing. c) Determine if its resolution should be enforced or rescinded. d) If the owner, occupant or agent in charge of the building, structure or premises fails to commence removing the building, wreckage or debris, The County may then remove the building, structure, wreckage or debris at the cost and expense of the owner. The reasonable cost of the removal of such building, structure, wreckage or debris shall constitute a lien against the lot or parcel of land from which it was removed. The lien shall be foreclosed in the manner provided in Sections 3-36-1 through 3-36-6 of the NMSA 1978 Annotated.
9.31 - Urgent work If, in the judgment of the County Manager, safety or public health is at risk, or the public interest requires that a site be cleaned rapidly, the County Manager may require the owner to employ sufficient manpower supplied by the owner to clean the site within 24 hours. If the person fails to remedy the violation within the specified time, then the County Manager will require corrective action be started at the site immediately, at the expense of the owner, and charge a lien on the property.
Section 10 Abatement of Violation The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction form instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
Section 11 Penalties 11.0 - Penalties for violations of this ordinance shall not exceed a fine of three hundred dollars ($300) or imprisonment for ninety days(90) or both, except that the following fines may be imposed in appropriate special circumstances: a) No more than one thousand dollars ($1,000) for improper or illegal disposing of refuse, litter or garbage on public property or private property of another; b) No more than five thousand dollars ($5,000) for the improper or illegal disposal of hazardous materials or waste in any manner other than as outlined in the Hazardous Each day such violation is committed, or permitted to continue, shall be considered a separate offense and shall be punished as such. c) Pursuant to NMSA 1978 30-22-1 any persons knowingly obstructing, resisting or opposing an officer in their duly authorized duties shall be guilty of a misdemeanor and will be subject, upon conviction in a court of component jurisdiction, to the penalties thereby assessed in NMSA 1978 of a fine of up to one thousand dollars ($1000) and/or imprisonment of up three hundred sixty-four days (364 days) or both.
Section 12 Conflict 12.0 - In any case where a provision of this ordinance is found to be in conflict with any other provision of any other building, plumbing, fire, health or safety codes, laws or ordinances in effect within Eddy County, the provisions which establish a higher standard of health and safety protection for the citizens shall prevail Section 13 Conflict 13.0 - If any section, subsection, clause, phrase or portion of these regulations is, for any reason, held invalid or unconstitutional by any government agency or court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
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