San Juan County Ordinance No. 9 adopted December 7, 1982, is hereby amended by

deleting Paragraph 9-9 (SJC-9-9 Right of Entry) in its entirety.

BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY

/s/ Jack L. Fortner, Chairman

/s/ Carol Bandy, County Clerk

The following amendments to Ordinance No. 9 are as indicated below and shall take effect immediately upon passage.

AN ORDINANCE ADOPTING THE (delete 1982, insert CURRENT) NEW MEXICO BUILDING CODE AS ADOPTED BY THE CONSTRUCTION INDUSTRIES DIVISION OF THE NEW MEXICO COMMERCE AND INDUSTRY DEPARTMENT; (add: INCLUDING THOSE CODES ADOPTED BY REFERENCE;) INCLUDING THE COUNTY OF SAN JUAN IN "DEFINITIONS"; CONTINUING THE COUNTY BUILDING DEPARTMENT AND THE OFFICE OF COUNTY BUILDING OFFICER; REQUIRING BUILDING PERMITS AND PROVIDING FOR THE INSPECTIONS THEREFORE; FURTHER REGULATING CONSTRUCTION IN FLOOD AND MUD SLIDE HAZARD AREAS; PROVIDING PENALTIES FOR VIOLATIONS.

SJC-9-2 NEW MEXICO BUILDING CODE ADOPTED

The New Mexico Building Code which was adopted by the Construction Industries Division of the New Mexico Department of Commerce and Industry, (add: including those codes adopted by reference) (delete on November 1, 1982, add currently in effect) is hereby adopted by the County of San Juan for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment use and occupancy, location and maintenance of buildings and structures, and issuing permits, subject to all amendments and deletions contained in this Ordinance; and from the date on which this Ordinance shall take effect, the provisions hereof shall be controlling in the construction of all buildings and structures within the boundaries of San Juan County, New Mexico.

SJC-9-7 DUTIES

It shall be the duty of the Building Official to enforce all laws relating to the construction, alteration, removal, and demolition of buildings and structures. (Add: In the absence of the County Fire Marshal, the Building Official shall enforce the Uniform Fire Code, provided that where conflicts exist between the New Mexico Building Code and the Uniform Fire Code, the New Mexico Building Code shall prevail.)

PASSED, APPROVED AND ADOPTED THIS 30^TH DAY OF DECEMBER, 1986.

BOARD OF COUNTY COMMISSIONERS

/s/ Ronn D. Jones, CHAIRMAN

/s/ R. E. Karlin, CHAIRMAN PRO-TEM

/s/ Donald Benally, MEMBER

Wallace Davis, MEMBER

/s/ Robert A. Smith, MEMBER

ATTEST:

Sandra Townsend, COUNTY CLERK

/s/ Carol Bandy, Deputy

WHEREAS the health and welfare of the residents of San Juan County requires the regulation of the construction, alteration, and repair, etc. of buildings within San Juan County; and

WHEREAS, Section 3-7-6, N.M.S.A. 1978 Comp. provides that a municipality may adopt by ordinance the conditions, provisions, limitations, and terms of building codes, and that said codes may be adopted by reference thereto; and

WHEREAS Section 4-37-1, N.M.S.A. 1978 Comp. provides that all counties are granted certain of the same powers as municipalities and included in this grant of powers are those powers necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of San Juan County and its inhabitants,

NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of San Juan County, New Mexico, as follows:

SJC-9-1 Prior Ordinance Repealed

That Ordinance No. 9, passed, adopted and approved on April 17, 1978, be and the same is hereby repealed concurrent with the effective date of this Ordinance; provided that such repeal shall not affect the prosecutions then pending, or those later brought for violations of such Ordinance occurring before the effective date of this Ordinance.

SJC-9-2 New Mexico Building Code Adopted

The New Mexico Building Code which was adopted by the Construction Industries Division of the New Mexico Department of Commerce and Industry on November 1, 1982 is hereby adopted by the County of San Juan for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment use and occupancy, location and maintenance of buildings and structures, and issuing permits, subject to all amendments and deletions contained in this Ordinance; and from the date on which this Ordinance shall take effect, the provisions hereof shall be controlling in the construction of all buildings and structures within the boundaries of San Juan County, New Mexico.

SJC-9-2.1 Permits Required

No person shall construct, alter, repair, or demolish any building without first obtaining a separate building permit for each building or structure, except that no permit shall be required for performing minor repairs if allowed by the fee schedule fixed below.

SJC-9-2.2 Permit Fees

Section 304 of the New Mexico Building Code herein adopted is amended as follows:

SJC-9-2.3 Definitions

In addition to any remedial action or abatement procedures contained in the New Mexico Building Code adopted herein, any person violating any provision thereof shall be punished by a fine of not to exceed Three Hundred Dollars ($300) or imprisonment for not to exceed ninety (90) days, or both such fine and imprisonment. Each day of violation shall be deemed a separate offense.

One or more copies of the New Mexico Building Code, adopted in Section 2 of this Ordinance, shall be available and subject to inspection at all reasonable times in the Office of the County Clerk.

The position of Building Official is hereby created and the executive official in charge shall be known as the Building Official.

SJC-9-5 Appointment of Building Official

The Building Official shall be appointed by the County Manager, approved by the Board of County Commissioners and certified by the General Construction Board, as shall be any Assistant Building Officials.

SJC-9-6 Assistant Building Officials

Assistant Building Officials shall have the same authority, duties, and immunities as the Building Official, subject to his supervision.

SJC-9-7 Duties

It shall be the duty of the Building Official to enforce all laws relating to the construction, alteration, removal, and demolition of buildings and structures.

SJC-9-8 Non-Liability for Official Acts

The Building Official and any other County employee charged with the enforcement of the Building Codes, and Ordinances, acting in good faith and without malice, for the County in the discharge of their duties shall not thereby render themselves personally liable and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required, or by reason of any act or omission in the lawful discharge of their duties. Any suit brought against the Building Official or any such employee, because of such act or omission performed in the enforcement of any provisions of the Building Code or Ordinances, shall be defended by the Legal Department of the County until final termination of the proceedings.

SJC-9-9 Right of Entry

The Building Official and his authorized representatives in the discharge of official duties, and upon proper identification, shall have the authority to enter any building, structure or premises at any reasonable hour.

SJC-9-10 Utility Connection; When a Violation

It shall be unlawful for any person to install, connect or be instrumental in assisting in the installation of any electrical service, gas service, whether natural or otherwise, water service or sewer service to any house or premises in the unincorporated areas of the County, where any building has been erected, moved, constructed, renovated or added to in any way in violation of the Ordinances, Subdivision Regulations and Building Codes, or other relevant codes in effect in the County of San Juan.

SJC-9-11 Flood Hazard Areas

For the purpose of minimizing or eliminating damage from flood or mudslides in designated flood-prone areas and for the purpose of promoting health, safety and the general welfare, San Juan County shall by this Ordinance abide by and recognize:

Whenever the Building Official shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Building Official to the Construction and Fire Codes Appeals Board previously created by the San Juan County Commission on February 19, 1980. Appeals to such Board shall be taken according to the by-laws of such Board. Appeals from the action of the Construction and Fire Codes Appeals Board may be taken to the Board of County Commissioners of San Juan County. Appeals from the action of the Board of County Commissioners may be taken to the District Court of San Juan County within thirty (30) days of such Board of County Commissioners action.

The Construction and Fire Codes Appeals Board created by the County Commissioners on February 19, 1980 is hereby expressly confirmed and re-authorized, and is empowered to hear appeals from the actions and determinations of the County Building Official, and to adopt by-laws governing its proceedings, subject to the approval of the Board of County Commissioners.

The Board of County Commissioners of San Juan County, New Mexico, hereby declares that should any section, paragraph, sentence or word of this Ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Board of County Commissioners that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid.

This Ordinance shall become effective thirty (30) days after its recording by the County Clerk, as provided by law.

BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY

/s/ R. E. Karlin, Chairman

/s/ Linn R. Blancett, Member

/s/ Robert L. Batley, Jr., Member

ATTEST:

/s/ Carol Bandy, County Clerk