CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. O-24-42 ENACTMENT NO. ________________________
SPONSORED BY: Joaquín Baca
ORDINANCE
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Renaissance And Progress For Downtown Albuquerque: Adopting The “Downtown Vacant Buildings And Properties Ordinance” As A New Article In Chapter 14 Of The Revised Ordinances Of Albuquerque 1994 To Activate Vacant Buildings To Benefit Economic Development In The Downtown Center By Requiring Registration And Fees; And Amending ROA 1994 Section 14-3-5-14 Of The Uniform Housing Code “Vacant Building Maintenance” To Add A Cross Reference To The Downtown Vacant Buildings And Properties Ordinance; And Adopting The “Downtown Dilapidation Ordinance” As A New Article In Chapter 14 Of The Revised Ordinances Of Albuquerque 1994 To Provide Minimum Aesthetic Standards That Preserve Structures And Encourage A Flourishing Streetscape; And Amending ROA 1994 Section 14-20-4 Of The “Dilapidated Commercial Buildings And Properties Ordinance” To Add A Cross Reference To The Downtown Dilapidation Ordinance; And Adopting The “No Obstruction Zone Ordinance” As A New Section In Chapter 8, Article, 2, Part 7 Of The Revised Ordinances Of Albuquerque To Promote A Safe And Accessible Walkable Environment Downtown By Prohibiting The Misuse Of Sidewalks In Pedestrian-Focused Areas; And Amending The Traffic Code, ROA 1994 Chapter 8, Article 1, Part 3, To Allow Citywide Automated Parking Enforcement (Baca)
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WHEREAS, vacant buildings and properties are a public nuisance and a major cause and source of blight in both residential and nonresidential areas of the City, especially when the owner of the property fails to actively maintain and manage the building; and
WHEREAS, vacant buildings and properties as a public nuisance tend to hasten further vacancies, abandonment, and dilapidation in the area if left unchecked by the City; and
WHEREAS, vacant buildings and properties present general health, safety, and welfare concerns for the City because of dangerous physical deterioration, by providing potential venues for illicit activity, and by negatively impacting surrounding property values and economic development opportunities; and
WHEREAS, vacant buildings and properties can also be a private nuisance to neighboring property owners who have their buildings maintained and occupied, and can decrease the retail value and overall property values in the community; and
WHEREAS, monitoring and enforcing existing zoning rules against vacant buildings and properties presents several challenges including limited enforcement options and resource constraints; and
WHEREAS, establishing a Vacant Buildings and Properties Ordinance will help both property owners and City zoning enforcement identify specific requirements for remediation and work together toward such remediation for the betterment of the community; and
WHEREAS, initiating this project within the Downtown Center will help limit the impact on City resources and help identify challenges or restraints to enforcement that may be mitigated before establishing any City-wide requirements; and
WHEREAS, the Downtown Center is bounded on the south side by Coal Ave. and Slate St. to the north, generally Broadway Blvd. on the east side and generally 8th St. on the west side, with extensions of the boundary varying around the whole Center; and
WHEREAS, the economic vitality of a region’s downtown is increasingly important to the health of the surrounding community, as well as to the region’s successful competition with other urban markets; and
WHEREAS, the Downtown Center is characterized by a hub for commercial activity supported by high-density housing, but includes a plethora of land uses, including retail, multi-family housing, entertainment, education, government offices and any use that contributes to a highly active street life; and
WHEREAS, the Downtown Center is meant to have the highest level of intensity for land use and with a vacancy rate of approximately 12.8 percent for retail, 23 percent for office and over 30 percent of the land being used as parking, over half of Downtown is far from achieving the vision set out by the Albuquerque/Bernalillo County Comprehensive Plan; and
WHEREAS, most of the Downtown Center is considered a Main Street Corridor, which is characterized by lively, highly walkable streets lined with local-serving businesses, modeled after the American tradition of Main Street as a place for working; and
WHEREAS, Downtown Albuquerque has many strengths and opportunities that are presently limited in part by vacant buildings and properties, and the Downtown Center is an appropriate area within which to initiate the provisions of this Ordinance; and
WHEREAS, affected Downtown property owners will be advised of this Vacancy Ordinance to ensure they have adequate time to prepare for the Vacancy Registration period; and
WHEREAS, Downtown Albuquerque plays a key role in the overall vitality of the city and serves as a central gathering place, acting as a hub for commerce, culture, and civic life, making its health and vibrancy essential to the broader economic and social well-being of Albuquerque; and
WHEREAS, blighted and dilapidated buildings within the Downtown area have contributed to unsafe and unsightly conditions, detracting from the aesthetic appeal and economic potential of Downtown; and
WHEREAS, these conditions of blight and urban decay can exacerbate issues of crime, homelessness, and public safety, adversely affecting the quality of life for residents, visitors, and business owners; and
WHEREAS, the persistence of these problems can create a depressed environment that undermines efforts for economic revitalization, innovation, and job creation in the downtown area; and
WHEREAS, the existing City ordinance governing commercial dilapidated and neglected properties does not adequately addresses the specific conditions affecting Downtown Albuquerque, where high concentrations of residential, non residential, and mixed-use deteriorating buildings hinder the district’s potential for economic recovery and vibrancy; the establishment of an ordinance that focuses on Downtown will provide the necessary tools to address these localized issues, promote rehabilitation, and stimulate growth by encouraging property owners to take proactive steps toward maintaining their properties in good condition; and
WHEREAS, the Albuquerque/Bernalillo County Comprehensive Plan envisions Downtown as a regional center with the highest employment and commercial uses, offering a high-quality environment for pedestrians through a series of goals, policies, and actions; and
WHEREAS, Action 5.7.2.15 calls for removing obstacles to private investment (e.g., obsolete platting, deteriorating building conditions, vacancies, outdated land uses, and high-crime areas) through regulatory changes and partnerships; and
WHEREAS, Policy 7.3.2, *Community Character*, encourages design strategies that recognize and embrace the unique characteristics of communities, making them safe, attractive, and distinct; and
WHEREAS, a core principle of safety, Crime Prevention Through Environmental Design (CPTED), emphasizes that well-maintained properties encourage activity and foster the perception of surveillance and safety; and
WHEREAS, addressing these conditions is essential for fostering a renewed sense of civic pride, economic opportunity, and overall prosperity in Downtown Albuquerque; and
WHEREAS, ensuring that sidewalks remain unobstructed and accessible to all pedestrians, including individuals with disabilities, is essential for promoting a walkable and inclusive downtown environment; and
WHEREAS, maintaining safe, clear pedestrian pathways enhances public safety, reduces the risk of accidents, and encourages greater foot traffic, which is vital to the vitality and economic sustainability of downtown businesses; and
WHEREAS, preserving the accessibility and safety of sidewalks fosters a vibrant downtown district, supporting local commerce, tourism, and the overall economic growth of the area; and
WHEREAS, under Policy 5.1.1 Desired Growth, subsection a) states, “Create walkable places that provide opportunities to live, work, learn, shop and play;” and
WHEREAS, under Policy 5.1.9 Main Streets, sub policy a) states “Prioritize street and walkway improvements, such as street trees, landscaping, lighting, wayfinding, and wide sidewalks, to create safe and comfortable pedestrian improvements;” and
WHEREAS, allowing for automated parking enforcement both Downtown and throughout the City will allow for increased coverage and continuous monitoring while ensuring consistency and objectivity when issuing parking citations; and
WHEREAS, this bill approaches many large and challenging conversations that have existed in the context for Downtown and is introduced along with a Central Avenue Improvement project between 1st - 8th Streets that looks to create a safer environment for cyclists, drivers, pedestrians, business owners and visitors to Albuquerque’s Downtown.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Article 24 is hereby created in Chapter 14 of the Revised Ordinances of Albuquerque, 1994, as follows:
§ 14-24-1 SHORT TITLE.
This Chapter 14, Article 24 shall be known and cited as the “Downtown Vacant Buildings and Properties Ordinance.”
§ 14-24-2 INTENT AND PURPOSES.
The intent of this Ordinance is to further revitalization efforts in the Downtown area by activating vacant buildings by encouraging property owners to make robust efforts to make productive use of their properties and preventing such structures from being a public or private nuisance or otherwise contributing to blight and negatively impacting surrounding property values and redevelopment or economic development efforts.
§ 14-24-3 DEFINITIONS.
For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOWNTOWN CENTER. The area identified in the Albuquerque & Bernalillo County Comprehensive Plan, Chapter 5 Land Use.
FISCAL YEAR. The City of Albuquerque’s fiscal year is from July 1st - June 30th.
OWNERS GROUP. Means for each owner of a property, with respect to each separate floor, unit or space, the owner, any current or former co-owner, and any related person or affiliate of the owner or any current or former co-owner.
RESPONSIBLE PARTY. The owner(s) of any building or property subject to this Ordinance, or the owner’s designee, or any other party responsible for such building or property by way of management, agency, or otherwise.
SQFT BASE COST. The amount of gross floor area (GFA) that meets the vacant building or property definition for properties and buildings that are four stories or less. For buildings that are 5 stories or more, the GFA shall only be applicable to the ground floor.
VACANT BUILDING OR PROPERTY. Any building or property which no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building or structure as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s), or otherwise claiming possession through the owner, on a permanent, non-transient basis.
YEARS VACANT. The number of years a building or property has had more than six months of vacancy in a fiscal year. This number resets after a property is considered occupied for a fiscal year.
§ 14-24-4 APPLICABILITY.
The provisions of this Ordinance apply only to buildings and properties within the Downtown Center as defined in the Comprehensive Plan, Chapter 5 Land Use.
§ 14-24-5 REGISTRY.
(A) All Responsible Parties must register their vacant buildings and properties within the Downtown Center. Responsible Parties are required to register their vacant building or property by December 31st of each year.
(B) To ensure compliance with this Ordinance, the Mayor or their desinee shall conduct an annual survey of all buildings and properties within the Downtown Center to determine if the buildings and properties are vacant or occupied. The annual survey shall include all buildings and properties and shall be conducted simultaneously with the annual survey required in the Downtown Dilapidation Ordinance, ROA 1994, Sections 14-25-1, et. seq.
(C) The Mayor or their designee can require proof of occupancy to determine if the building or property was occupied for at least six months of the fiscal year.
(1) Proof of occupancy may include, but is not limited to: a bona fide lease, utility records, mail, property inspections, etc.
(D) The application for a vacancy registration shall be made on a form provided by Albuquerque Code Enforcement and verified by the owner. The application shall disclose all measures to be taken to ensure that the vacant building will be kept weather tight and secure from trespassers, safe for entry by police officers and firefighters in times of emergency, and together with its premises, free from nuisance and in good order. The Downtown Vacancy Registration form shall include and be updated with the following information:
(1) Name, address, telephone number, and email of the property owner and Responsible Party, if applicable.
(2) Name, address, telephone number, and email of a local agent for the owner, if the owner is not a resident of Bernalillo County;
(3) Name, local address and telephone number, and email of a property manager, if any;
(4) Street address, parcel number and legal description of the property;
(5) Any known fines and/or liabilities being assessed against the property.
(6) A 24-hours emergency telephone number where the owner, agent, or property manager or Responsible Party can be reached.
(7) A floor plan of the building with a visual representation of how the different floors, spaces, or units are occupied, if applicable, along with the area of each floor, space or, unit.
(E) At the time of registration, the Responsible Party shall arrange for inspection of the vacant building or property by Albuquerque Code Enforcement or their representative. If the Responsible Party fails or refuses to consent to and arrange for an inspection, Albuquerque Code Enforcement may obtain a search warrant from a court of competent jurisdiction to authorize inspection of the vacant building or property, if it is deemed necessary for public health and safety. If a Responsible Party fails or refuses to consent to and arrange for an inspection, their building or property shall be deemed vacant and assessed the maximum registration fee from the table in Section 14-24-6, regardless of the actual SQFT of the building or property.
§ 14-24-6 REGISTRATION FEE.
The registration fee for vacant properties within the Downtown Center shall be assessed using area and time. The City shall use the equation and table below to determine vacancy registration fees:
(Years Vacant)*(SQFT base cost) = Vacancy Registration Fee
|
Square feet |
SQFT Base Cost |
|
< 1,000 sqft |
$1,000.00 |
|
1,000 - 5,000 sqft |
$2,000.00 |
|
5,000 - 10,000 sqft |
$3,000.00 |
|
10,000 - 15,000 sqft |
$4,000.00 |
|
> 15,000 sqft |
$5,000.00 |
§ 14-24-7 EXEMPTIONS FOR CERTAIN BUILDINGS AND PROPERTIES.
(A) Buildings or properties which are owned by a government entity or where a government nexus is established are exempt from the requirements of this Ordinance.
(B) The Downtown Vacant Property Registration Fee does not apply in the following circumstances, as determined by the Mayor or their designee:
(1) A City of Albuquerque active building permit shows the property or structure undergoing construction, rehabilitation or renovation that is proceeding without unreasonable delay caused by the owner or property manager. The Responsible Party shall provide a written plan for how the active building permit is working to achieve occupancy on the property. The written plan shall include, but is not limited to, a reasonable timeline, description of necessary improvements, milestones for completion, and anticipated occupancy date;
(2) The building or property was purchased through a foreclosure action and have not exhausted the statutory redemption period;
(3) The building or property is physically secured and the subject of a probate action for a period not longer than one year, or other litigation in which ownership is contest;
(4) Disaster Period. A one-year exemption period shall apply following the date that a building or property was severely damaged and made uninhabitable or unusable due to fire, natural disaster, or other catastrophic event.
(5) If a building or property does not meet the above criteria and still achieves the intent and purpose of this Article 14-24, the Mayor or their designee may grant the Responsible Property a special exemption with adequate justification.
§ 14-24-8 ENFORCEMENT AND PENALTIES.
(A) If the Responsible Party fails to register their vacant building or property within 20 days after an initial written notice from the City, the Responsible Party is subject to:
(1) The penalty provisions set forth in § 1-1-99 of this code of ordinances; each day of violation is considered a separate offense; and
(2) Instead of or in addition to the penalty provision set forth in § 1-1-99, the city, acting through the City Attorney, is hereby authorized to file an action in a court of competent jurisdiction as a means of compelling compliance with this article, including compliance with those sections cross referenced within the Zoning Code, to:
(i) Enjoin any person from violating or threatening to violate the terms, conditions and restrictions of this article;
(ii) Collect civil assessments against the property of $500 per day for every day the property remains or remained in violation of this section after the expiration of the compliance period or any extensions granted by the City identified in the written notice(s) sent by the City; and
(iii) Recover damages from the owner of a building or property in an amount of money adequate for the city to undertake any construction remediation, cleanup, or other activity necessary to bring about compliance with this article.
(3) In addition to judicial remedies, any expenditure by the city to bring the building or property into compliance, or any damages or assessments are recoverable through the imposition of a municipal lien on the parcel under NMSA 1978, §§ 3-36-1 to 3-36-5. To the extent that monetary penalties are recovered as a result of enforcement under this section, any funds so recovered shall be used exclusively for the purpose of funding enforcement activities under this section. Should the building or property owner fail to make reasonable efforts to satisfy and discharge the lien on the building or property within one year of assessment, the City Attorney is authorized to file suit to force the satisfaction of the lien in any way authorized by law.
§ 14-24-9 PRIVATE CAUSE OF ACTION RELATED TO VACANT BUILDINGS AND PROPERTIES.
An owner of property within the boundaries of the Downtown Center may bring a civil action in a court of competent jurisdiction against another property owner within the boundaries of the Downtown Center for violations of the provisions of this Ordinance. Upon prevailing, the property owner complaining of a violation shall be entitled to recover the actual damage established by the complaining property owner, including, but not limited to, the decrease in value of property and rental value amounts, security costs required to protect personal property and personnel incurred because of the nuisance created by the vacant property, and any other appropriate legal or equitable relief.
§ 14-24-10 APPEAL.
(A) General.
(1) Form of appeal.
(a) Any person entitled to appeal under this code may do so by filing at the Office of the City Clerk a written appeal containing:
1. The names of all appellants participating In the appeal.
2. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the appeal.
3. A brief statement in ordinary and concise language of that specific order or action protested along with a copy of the order, notice, or action together with any material facts claimed to support the contentions of the appellant.
4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
5. The signatures of all parties named as appellants and their official mailing addresses.
6. The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal.
(b) The appeal shall be filed prior to the effective date of the order.
(2) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the City Clerk or their staff shall file and stamp the appeal then deliver by mail or electronic means a copy of it to the party responsible for issuing the order, notice, or action under appeal as well as a copy to the Office of the City Attorney.
(3) Scheduling and noticing appeal for hearing. The Office of Administrative Hearings shall schedule the hearing pursuant to the provisions of the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(B) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions herein shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order or to any portion thereof.
(C) Scope of hearing appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(D) Staying of order under appeal. Enforcement of any notice and order of the City issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
§ 14-24-11 PROCEDURES FOR CONDUCT OF HEARING APPEALS.
Procedures regarding the hearing shall be the procedures outlined in the IHO Ordinance, Chapter 2, Article 7, Part 8 of the Revised Ordinances of Albuquerque 1994.
SECTION 2. The Uniform Housing Code, ROA 1994, Section 14-3-5-14 is hereby amended as follows:
§ 14-3-5-14 VACANT BUILDING MAINTENANCE.
(A) The owner of a vacant building shall apply to the Albuquerque Code Enforcement for and obtain a vacant building maintenance license 15 days prior to vacating the premises. The vacant building maintenance license shall be renewed annually. The owner shall pay an annual fee to renew the vacant building maintenance license. Albuquerque Code Enforcement shall establish the amount of the fee by regulation. [Buildings or properties located within the Downtown Center (as identified by the 2024 Albuquerque Bernalillo County Comprehensive Plan, Chapter 5 Land Use), shall also be subject to the Downtown Vacancy Ordinance, ROA 1994, Sections 14-24-1 et. seq.]
SECTION 3. A new Article 25 is hereby created in Chapter 14 of the Revised Ordinances of Albuquerque, 1994, as follows:
§ 14-25-1 SHORT TITLE.
This shall be known and cited as the "Downtown Dilapidation Ordinance"
§ 14-25-2 INTENT AND PURPOSES.
The intent of this Ordinance is to provide minimum aesthetic standards and maintenance standards for dilapidated structures and properties, to prevent such structures and properties from contributing to blight and negatively impacting surrounding property values and redevelopment or economic development efforts within the Downtown Center.
§ 14-25-3 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DILAPIDATED BUILDING OR PROPERTY. Any building or property which exhibits one or more characteristic of dilapidation, including but not limited to:
(1) Overgrowth of fugitive plant materials including grasses or invasive trees; or landscaping that is otherwise non-compliant with the requirements of the zoning code, § 14-16-3-10(D)(3) and the Albuquerque Weed and Anti-Litter Ordinance, §§ 9-8-1 et seq. ROA 1994;
(2) Unsecure, loose, or broken building façades, treatments, fixtures, signs (including freestanding signs) or other façade features affecting the façade or sign area;
(3) Peeling or flaking paint, and any other significant deterioration of building surface treatments affecting the façade;
(4) Broken or uncovered glass within any window or door;
(5) Unsecured, loose, or broken features affecting any sign (including freestanding signs);
(6) Broken windows or building entrances, or any other characteristics demonstrating a lack of security or access control to the property, building or buildings at the site;
(7) Unabated vandalism or graffiti;
(8) Outdoor lighting that is no longer compliant with the minimum requirements of the zoning code;
(9) Broken pavement, interior sidewalks or pedestrian connections; unsealed cracks exceeding two feet in length and one inch in width, or potholes exceeding one square foot in area within off-street parking areas; or
(10) Unabated trespass, or police calls for service that are unrelated to any lawful use or business establishment at the location.
DOWNTOWN CENTER. The area identified in the 2024 Albuquerque Bernalillo County Comprehensive Plan, Chapter 5 Land Use.
FAÇADE. As defined by § 14-16-7 “Definitions, Acronyms, and Abbreviations” of the Integrated Developent Ordinance (“IDO”), and includes a front facade, side facade, and street-facing facade.
RESPONSIBLE PARTY. The owner(s) of any building or property, or the owner’s designee, or any other party responsible for such building or property by way of management, agency, or otherwise.
§14-25-4 DILAPIDATED BUILDINGS PROHIBITED.
No Responsible Party shall permit any building or property to become or remain a dilapidated building or property with the area of the city coverd by this article.
§ 14-25-5 COMPLIANCE AND REMEDIATION.
(A) Focus. The Mayor, or the Mayor’s designee, shall conduct an annual survey to identify dilapidated buildings or properties within the Downtown Center and perform inspections to itemize the conditions that constitute a dilapidated building or property as proscribed by this Ordinance. The annual survey shall include all buildings and properties and shall be conducted simultaneously with the annual survey required in the Downtown Vacancy Ordinance, ROA 1994, Sections 14-24-1, et. seq.
(B) Remediation. The Mayor, or the Mayor’s designee, shall issue a written notice of violation to the Responsible Party. The Responsible Party shall remediate or abate the conditions identified in the written notice within 60 days (such 60-day period hereafter shall be referred to as “compliance period”). This compliance period may be reduced or eliminated by the Mayor, or the Mayor’s designee should it appear to be a matter of public necessity for health and safety reasons, and the Mayor, or the Mayor’s designee is authorized to take immediate action to abate such reasons.
(C) If it is not possible, or if the Responsible Party declines or is unsuccessful in fully remediating or abating the conditions creating a dilapidated building or property within the compliance period set forth above, the Responsible Party shall:
(1) Register the building or property with the Mayor, or the Mayor’s designee through forms provided by the Mayor, or the Mayor’s designee within 20 days of expiration of the compliance period. The registration form shall at a minimum require a description of the location and address of the building, and the name, street address and telephone number of the Responsible Party. The Mayor, or the Mayor’s designee shall collect a registration fee of $500 for each initial registration, but the Mayor, or their Designee, may reduce or waive this fee if it is determined that substantial efforts have been made to bring the property into compliance; and
(2) Provide a written plan for how the property will be brought into compliance with this article within a 90 day period, or longer if deemed appropriate by the Mayor or their designee. The Mayor, or the Mayor’s designee shall make property owners aware of incentives and fee reductions (e.g., impact fee waivers for redevelopment, improvement programs) that are enabled in Metropolitan Redevelopment Areas under the Metropolitan Redevelopment Act, if applicable.
(D) The Mayor, or the Mayor’s designee shall reinitiate the process prescribed by this section as necessary at any time or move directly to the enforcement and penalties procedures described in § 14-25-6, or otherwise take enforcement action as authorized by any section of the Zoning Code.
§ 14-25-6 ENFORCEMENT AND PENALTIES.
(A) If the building or property is not successfully remediated or made compliant pursuant to the process set forth in § 14-25-5 above, the Responsible Party is subject to:
(1) The penalty provisions set forth in § 1-1-99 of this code of ordinances; each day of violation is considered a separate offense; and
(2) Instead of or in addition to the penalty provision set forth in § 1-1-99, the city, acting through the City Attorney, is hereby authorized to file an action in a court of competent jurisdiction as a means of compelling compliance with this article, including compliance with those sections cross referenced within the Zoning Code, to:
(a) Enjoin any person from violating or threatening to violate the terms, conditions and restrictions of this article;
(b) Collect civil assessments against the property of $500 per day for every day the property remains or remained in violation of this section after the expiration of the compliance period or any extensions granted by the City identified in the written notice(s) sent by the City; and
(c) Recover damages from the owner of a building or property in an amount of money adequate for the city to undertake any construction remediation, cleanup, or other activity necessary to bring about compliance with this article.
(B) In addition to judicial remedies, any expenditure by the city to bring the building or property into compliance, or any damages or assessments are recoverable through the imposition of a municipal lien on the parcel under NMSA 1978, §§ 3-36-1 to 3-36-5. To the extent that monetary penalties are recovered as a result of enforcement under this section, any funds so recovered shall be used exclusively for the purpose of funding enforcement activities under this section. Should the building or property owner fail to make reasonable efforts to satisfy and discharge the lien on the building or property within one year of assessment, the City Attorney is authorized to file suit to force the satisfaction of the lien in any way authorized by law.
§ 14-25-7 EXEMPTIONS.
Buildings or properties which are owned by a government entity or where a government nexus is established are exempt from the requirements of this Ordinance.
§ 14-25-8 APPEAL.
(A) General.
(1) Form of appeal.
(a) Any person entitled to appeal under this code may do so by filing at the Office of the City Clerk a written appeal containing:
1. The names of all appellants participating In the appeal.
2. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the appeal.
3. A brief statement in ordinary and concise language of that specific order or action protested along with a copy of the order, notice, or action together with any material facts claimed to support the contentions of the appellant.
4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
5. The signatures of all parties named as appellants and their official mailing addresses.
6. The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal.
(b) The appeal shall be filed prior to the effective date of the order.
(2) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the City Clerk or their staff shall file and stamp the appeal then deliver by mail or electronic means a copy of it to the party responsible for issuing the order, notice, or action under appeal as well as a copy to the Office of the City Attorney.
(3) Scheduling and noticing appeal for hearing. The Office of Administrative Hearings shall schedule the hearing pursuant to the provisions of the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(B) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions herein shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order or to any portion thereof.
(C) Scope of hearing appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(D) Staying of order under appeal. Enforcement of any notice and order of the City issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
§ 14-25-9 PROCEDURES FOR CONDUCT OF HEARING APPEALS.
Procedures regarding the hearing shall be the procedures outlined in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
SECTION 4. ROA 1994, Section 14-20-4, of the “Dilapidated Commercial Buildings and Properties Ordinance” is amended as follows:
§ 14-20-4 DILAPIDATED COMMERCIAL BUILDINGS PROHIBITED.
No Responsible Party shall permit any building or property to become or remain a dilapidated commercial building or property within the area of the city covered by this article.
[This article does not apply to buildings or properties located within the Downtown Center (as identified by the 2024 Albuquerque Bernalillo County Comprehensive Plan, Chapter 5 Land Use), which shall be subject to the Downtown Dilapidation Ordinance, ROA 1994, Sections 14-25-1 et. seq.]
SECTION 5. A new Article 14 is hereby created in Chapter 8, Part 7 of the Revised Ordinances of Albuquerque, 1994, as follows:
§ 8-2-7-14 NO OBSTRUCTION ZONES.
(A) SHORT TITLE. This § 8-2-7-14 shall be known and cited as the “No Obstruction Zone Ordinance.”
(B) INTENT AND PURPOSE. The intent of this Ordinance is to promote the safe and enjoyable use of pedestrian pathways by regulating sidewalks and footpaths in areas of the City that have been designated as current or desired, pedestrian friendly land use patterns and right-of-way design as defined by the Albuquerque/Bernalillo County Comprehensive Plan’s Centers and Corridors (i.e. Downtown, Urban Centers, Activity Centers, Premium Transit Corridors & Main Street Corridors).
(C) DEFINITIONS.
(1) Downtown Center. The area identified in the 2024 Albuquerque Bernalillo County Comprehensive Plan, Chapter 5 Land Use.
(2) Lawful Pedestrian Use. The permissible actions and behaviors of individuals walking in public spaces, such as sidewalks or crosswalks, in accordance with local laws and regulations, as long as actions and behaviors do not obstruct other persons or violate specific rules as described by this code.
(3) Obstruction. An obstruction is anything that blocks, impedes, or hinders the free movement or access of people or objects in a space, reducing functionality, safety, or accessibility of an area.
(D) APPLICABILITY. No Obstruction Zones apply to all sidewalks and pedestrian footpaths within the Downtown Center delineated by signs, curb paint, or other measures of visual notification.
(E) WRONGFUL USE OF SIDEWALKS IN NO OBSTRUCTION ZONES.
(1) The use of sidewalks in “no obstruction zones” are reserved exclusively for persons utilizing sidewalks for the purpose, as defined in ROA 1994, Section 6-5-5-4.
(2) No person shall obstruct the sidewalk through conduct including, but not limited to:
(a) Obstructing movement per ROA 1994, Section 12-2-7 by: hindering or molesting persons passing along any street, sidewalk, crosswalk, or other public way; or preventing or attempting to prevent persons from entering or exiting a church or other place of worship, public hall, theater, public building, or other place of public assemblage, or a medical facility by physically detaining a person or by intentionally obstructing, impeding, or hindering a person’s entry or exit, which action is without the permission;
(b) Sleeping, sitting, kneeling, crouching or lying down along or across the sidewalk, in a way that infringes upon lawful pedestrian use, unless due to a medical emergency;
(c) It shall be unlawful for any person to place articles, goods, wares or items of any sort on a sidewalk or to allow vegetation to grow in such a manner as to obstruct or restrict the free use of the sidewalk or footpath by pedestrians. This section shall include but not be limited to newspaper stands, portable signs, tables, chairs and benches; and
(d) Forming a cordon or line of persons across the public sidewalk; and
(e) Carrying banners or signs, upon the sidewalk or footpath which actually causes an obstruction on the sidewalk or footpath; and
(f) Placing or storing equipment, materials, parcels, containers, packages, bundles or other property upon the sidewalk or footpath which actually causes an obstruction on the sidewalk; and
(g) Any conduct that deprives pedestrians of the intended use of the sidewalk or footpath; and
(h) Placing, erecting or maintaining an unpermitted fixed sign upon the sidewalk or footpath; and
(i) Obstructing, delaying, hindering, blocking, hampering or interfering with pedestrian passage, including passage to or from private property.
(3) No business shall obstruct the sidewalk, including but not limited to, directing or allowing its patrons to form a line or cordon across the sidewalk for access to their establishment or service.
(F) EXEMPTIONS. This Ordinance shall not apply to the following:
(1) Use of street furniture such as permitted benches, tables, chairs, or other permitted items in the sidewalk or footpath;
(2) Any obtrusive use of the sidewalk or footpath by public safety equipment, including but not limited to, street signs, traffic signals, fire hydrants, utility poles and street and sidewalk lighting; and
(3) Any obstructive use of the sidewalk or footpath for purposes of construction, maintenance or repair of the public safety equipment, right-of-way (or equipment therein) or adjoining private property, conducted by or pursuant to a valid building permit issued by the Planning Department.
(4) Permitted Community Events.
(G) PENALTY.
(1) A violation constitutes a civil infraction punishable by a fine of $100 or completion of four hours of community service.
(2) A violator may elect service to the city as an alternative to payment of fines. A violator who elects the option of service to the city in lieu of payment of a fine does so voluntarily and is entitled to none of the benefits conferred upon city employees, including, without limitation, worker’s compensation or the payment of any wages or benefits. The city is not responsible for damages incurred as a result of such service except as otherwise provided by law. The person seeking relief hereunder shall timely request the option of service to the city in lieu of payment of a fine. Services shall be rendered in not less than full hour increments and shall be credited against the fine payable at a rate of $25 per hour. The Mayor or the Mayor's designee shall establish procedures for administering this paragraph including, but not limited to, the nature of services that may be performed, the timeframe in which a respondent must complete their community service, and consequences for failure to complete community service.
(3) If a violator receives three violations of the No Obstruction Zone Ordinance, they are subject to the General penalties provision Section 1-1-99.
SECTION 6. The Traffic Code, ROA 1994, Sections 8-1-3-10, 8-1-3-11, and 8-1-3-99 are hereby amended as follows:
§ 8-1-3-10 CITATION [ON] [OF] A PARKED VEHICLE.
[(A) Affixed Parking Citation.] Whenever a motor vehicle without a driver is found in violation of this code or state law or parked or stopped in violation of any provision of Article 5 of this Chapter 8 of the code of ordinances or state law, the officer, parking enforcement officer, or security officer finding such vehicle shall take its license plate number and any other information which may identify its owner of use, and shall conspicuously affix to such vehicle a parking citation for the driver to answer to the charge alleged within ten days during the hours at the place, or by the method specified in the citation.
[(B) Mailed Parking Citation. Automated enforcement technologies may be used by the Albuquerque Police Department, parking enforcement officer or security officer in determining violations of any provision of Article 5 of this Chapter 8 of the code of ordinances. If an officer, parking enforcement officer, or security officer determines through investigation of evidence provided through automated enforcement technologies a motor vehicle to be in violation of any provision of Article 5 of this Chapter 8 of the code of ordinances, and the officer, parking enforcement officer, or security officer through investigation determines that such evidence can be shown to have been collected at the date and time of the violation and show the license plate number or any other information which may identify the violating vehicle’s owner of use, the investigating officer may issue a parking citation by United States Postal Service mail to the address of the registered owner of the violating vehicle for the registered owner to answer to the charge alleged within twenty days of issuance of the citation during the hours at the place or by the method specified in the citation. “Issuance of the citation” shall mean the date on which the citation is mailed.]
§ 8-1-3-11 FAILURE TO PAY FOR PARKING CITATION.
[(A)] Affixed Parking Citation.] If the alleged violator does not pay [a citation affixed to such motor vehicle] [an affixed parking citation] within a period of ten days, a letter shall be sent to the registered owner of such vehicle setting forth the time of the alleged violation, listing the presumptions provided for in § 8-5-1-39, and informing [him] [the alleged violator] of the violations and warning [him] that a complaint shall be delivered to the Metropolitan Court against the registered owner of such vehicle, if there is no payment of the parking fine within 30 days of the date on which the violation occurred.
[(B) Mailed Parking Citation. If the alleged violator does not pay a mailed parking citation within a period of twenty days of issuance of the citation, a letter shall be sent to the registered owner of such vehicle setting forth the time of the alleged violation, listing the presumptions provided for in § 8-5-1-39, and informing them of the violations and warning that a complaint shall be delivered to the Metropolitan Court against the registered owner of such vehicle, if there is no payment of the parking fine within 45 days of the date of issuance of the citation.]
§ 8-1-3-99 PENALTY.
(B)(4) Fines for any [affixed] parking violation, including § 7-5-3 Display and Sale of Motor Vehicles, if not paid within ten days of the occurrence of the violation, shall be two times the amount of the fine, and if not paid within 20 days of the occurrence of the violation, shall be three times the amount of the fine, unless the person cited has initiated court proceedings to answer the charges within ten days of the issuance of the citation. [Fines for any mailed parking citation, if not paid within twenty days of the issuance of the citation, shall be two times the amount of the fine, and if not paid within thirty days of the issuance of the violation, shall be three times the amount of the fine, unless the person cited has initiated court proceedings to answer the charges within twenty days of the issuance of the citation.]
SECTION 7. IMPLEMENTATION OF NO OBSTRUCTION ZONE. The Mayor or their designee shall prioritize implementation of “No Obstruction Zone” from 1st - 8th Streets and Copper - Silver Ave. completely, as the first stage of delineation as detailed in Section (D) of this Ordinance.
SECTION 8. DOWNTOWN CENTER VACANCY AND DILAPIDATION REPORT. Per SECTIONS 1 and 3 of this Ordinance, the Mayor, or the Mayor’s designee shall provide an annual report to the City Council at the first City Council meeting in August, via Executive Communication, which shall include, but not limited to:
(a) a list of all buildings and properties within the Downtown Center;
(b) condition of dilapidation and/or vacancy;
(c) dilapidation remediation status; and
(d) Calculation of Downtown Center vacancy rate based on number of properties and ground floor area.
(e) A list of all vacancy registration exemptions and any plans pursuant to 14-24-7(B)(1)(a).
SECTION 9. DOWNTOWN CENTER ANNUAL SURVEY NOTIFICATION. At least 30 days prior to the annual survey, the Mayor or their designee shall send out notification to all property owners within the Downtown Center, advising them of the upcoming start of the survey. This notification is required to coincide annually with the survey detailed in ROA 1994, Sections 14-24-5(B) and 14-25-5(A).
SECTION 10. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 11. COMPILATION. SECTION 1 of this Ordinance is to be compiled as a new Article 24 in Chapter 14 of the Revised Ordinances of Albuquerque, New Mexico, 1994, titled “Downtown Vacant Buildings and Properties Ordinance.” SECTION 2 of this Ordinance amends, is incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994 in Section 14-3-5-14. SECTION 3 of this Ordinance is to be compiled as a new Article 25 in Chapter 14 of the Revised Ordinances of Albuquerque, New Mexico, 1994, titled “Downtown Dilapidation Ordinance.” SECTION 4 of this Ordinance amends, is incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994 in Section 14-20-4. SECTION 5 of this Ordinance is to be compiled as a new Article 14 in Chapter 8, Part 7 of the Revised Ordinances of Albuquerque, New Mexico, 1994, titled “No Obstruction Zones.” SECTION 6 of this Ordinance amends, is to be incorporated in, and is to be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1995 in Sections 8-1-3-10, 8-1-3-11, and 8-1-3-99
SECTION 12. EFFECTIVE DATES. SECTIONS 1 and 2 of this Ordinance take effect July 1, 2025 after publication by title and general summary. SECTIONS 3, 4, 5, 6, 7, 8, and 9 of this Ordinance take effect five (5) days after publication by title and general summary.