Commission revisits nuisance ordinance

Review and changes may be in the works for the city’s nuisance ordinance and its enforcement after a Tucumcari City Commission discussion held Thursday as part of a special meeting.

The ordinance requires cleanup and demolition of properties that pose health and safety hazards, imposing fines and even a “clean and lien” provision under which the city can take corrective action and place a lien against the property to cover its costs.

The nuisance ordinance has been a source of friction since it was passed in July 2016, when newly elected District 1 Commissioner Ralph Moya tried to scuttle the ordinance before it was passed over his “no” vote.

Moya has since expressed his support of the ordinance but has complained often that its enforcement seems unfair to many who have received notifications of non-compliance.

He said many have seen that the city itself owns ungroomed properties that are overgrown with tall weeds.

The nuisance ordinance was the center of Tucumcari business owner Keith Hayes’ unsuccessful attempt to recall three of the four commissioners in 2017. After receiving notice that some of his construction company’s properties were not in compliance with the nuisance ordinance, Hayes obtained petition forms and collected enough signatures to command a recall election for three of the four sitting commissioners.

All three commissioners subjected to that recall election retained their seats, including Moya, Mayor Ruth Ann Litchfield in District 3 and District 2 Commissioner Amy Gutierrez.

On Thursday, the commission took no action related to the nuisance ordinance, but all commissioners aired a number of complaints from people they represent about inconsistencies and errors in the ordinance’s enforcement.

Some of those inconsistencies and errors, they said, may have resulted from misreading of some of the ordinance’s provisions and suggested that some of language be made clearer.

Commissioners said owners of long-unused vehicles parked in backyards and driveways have been notified of noncompliance, when the ordinance applies mostly to abandoned cars parked on streets.

In some cases, commissioners pointed out, zoning enforcement officers have been peering over fences, apparently looking for violations, when they should stick to visible violations visible from the street.

“In the Marines,” District 5 Commissioner Todd Duplantis said, “if you get three complaints about something, it needs to be looked into.”

Interim City Manager Mark Martinez said zoning enforcement officers and their supervisor “are doing their jobs.”

“I have gotten as many compliments about how the city looks (since the ordinance took effect) as complaints,” he said.

.Moya, however, said he is “tired of getting complaints.”

“I’m getting five or six a week,” he said and asked, “why do so many come from my district?

Moya’s district includes downtown Tucumcari and surrounding neighborhoods, as well as neighborhoods north of the Union Pacific railroad tracks.

Moya suggested that zoning enforcement should be placed directly under the city manager “to create some accountability.”

Moya said often the ordinance is imposed on residents whose health, income and age prevent them from keeping up yard maintenance.

He told commissioners they have the option of “scrapping the whole thing” and writing a new ordinance.

Other commissioners, however indicated they were more inclined to consider some changes in policies and plainer language to prevent enforcement errors.