45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO ZONING ENFORCEMENT; PROVIDING FOR ZONING ENFORCEMENT IN METROPOLITAN COURT; ALLOWING METROPOLITAN JUDGES TO PROVIDE INJUNCTIVE RELIEF IN CERTAIN CASES; PROVIDING FOR AN ADDITIONAL METROPOLITAN JUDGE; INCREASING FINES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-21-10 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-8) is amended to read:

"3-21-10. ZONING ENFORCEMENT.--

A. Sections [14-20-1 through 14-20-12 New Mexico Statutes Annotated, 1953 Compilation] 3-21-1 through 3-21-14 NMSA 1978 and any ordinance adopted pursuant to these sections shall be enforced by the zoning authority having jurisdiction as other municipal and county ordinances are enforced.

B. In addition, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of Sections [14-20-1 through 14-20-12 New Mexico Statutes Annotated, 1953 Compilation] 3-21-1 through 3-21-14 NMSA 1978 or any ordinance adopted pursuant to these sections, the zoning authority may institute any appropriate action or proceedings to:

(1) prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2) restrain, correct or abate the violation;

(3) prevent the occupancy of such building, structure or land; or

(4) prevent any illegal act, conduct, business or use in or about such premises.

C. The ordinances, rules and regulations together with the officially adopted or district zoning map of the county or municipal zoning authority shall be filed in the respective offices of the county clerk or municipal clerk and shall be available for examination by any citizen."

Section 2. Section 3-21-13 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-11) is amended to read:

"3-21-13. ZONING ENFORCEMENT BY COUNTIES.--

A. Counties having authority to regulate building and zoning under Sections [14-20-1 through 14-20-12 New Mexico Statutes Annotated, 1953 Compilation] 3-21-1 through 3-21-14 NMSA 1978 may enact ordinances to carry out that authority the same as a municipality except where inconsistent with statutory or constitutional limitations placed on counties. The ordinances are effective only within the zoning jurisdiction of the county.

B. County ordinances enacted [under] pursuant to this section may be enforced by prosecution in the district court of the county.

C. Penalties for violations of these ordinances shall not exceed a fine of [three hundred dollars ($300)] one thousand dollars ($1,000) or imprisonment for ninety days or both.

[C.] D. The district attorney and sheriff shall enforce these ordinances."

Section 3. Section 34-8A-3 NMSA 1978 (being Laws 1979, Chapter 346, Section 3, as amended) is amended to read:

"34-8A-3. METROPOLITAN COURT--JURISDICTION.--

A. In addition to the jurisdiction provided by law for magistrate courts, a metropolitan court shall have jurisdiction within the county boundaries over all:

(1) offenses and complaints [under] pursuant to ordinances of the county and of [any] a municipality located within the county in which the court is located except municipalities with a population of more than two thousand five hundred but less than five thousand persons in the 1980 federal decennial census; provided that the metropolitan court shall not have jurisdiction over uncontested municipal parking violations;

(2) civil actions in which the debt or sum claimed does not exceed seven thousand five hundred dollars ($7,500), exclusive of interest and costs; [and]

(3) zoning offenses and complaints, and may enjoin to enforce zoning ordinances pursuant to Section 3-21-10 NMSA 1978; and

[(3)] (4) contested violations of parking or operation of vehicle [regulations] rules promulgated by a board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico located within the county in which the court is located.

B. For the purposes of this section, "uncontested violation" is a violation for which a citation has been issued and the person has paid the citation by mail or in person to the appropriate issuing authority; and "contested violation" is a violation for which a citation has been issued and the person had indicated his intent to contest the citation or the person has not paid or answered the citation.

C. The issuing authority shall provide to the metropolitan court on a mutually agreed schedule the unpaid citations and a listing in a manner mutually agreed upon of unpaid citations.

D. The municipality shall retain as reimbursement for its expenses all revenues from uncontested municipal parking violations."

Section 4. Section 34-8A-8 NMSA 1978 (being Laws 1979, Chapter 346, Section 8, as amended) is amended to read:

"34-8A-8. METROPOLITAN COURT--BERNALILLO DISTRICT.--

A. The name of the metropolitan court in the Bernalillo metropolitan district shall be the "Bernalillo county metropolitan court".

B. The metropolitan court is an agency of the judicial department of state government. Personnel of the metropolitan court are subject to all laws and [regulations] rules applicable to state officers and agencies and state officers and employees, except where otherwise specifically provided by law.

C. There shall be seventeen judges of the Bernalillo county metropolitan court. The chief judge shall assign one judge to hear municipal and county zoning offenses and complaints."

Section 5. TEMPORARY PROVISION--ADDITIONAL METROPOLITAN JUDGE--APPOINTMENT.--The additional metropolitan judgeship provided for in this act shall be filled by appointment by the governor pursuant to Article 6 of the constitution of New Mexico for a term beginning July 1, 2001.

Section 6. APPROPRIATION.--Two hundred fifty-eight thousand two hundred dollars ($258,200) is appropriated from the general fund to the Bernalillo county metropolitan court for expenditure in fiscal year 2002 to pay salaries and benefits and provide furniture, equipment and supplies for one additional judge and support staff. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.