Article 11 - Enforcement, Penalties, And Remedies


ARTICLE 11. ENFORCEMENT, PENALTIES, AND REMEDIES
Section 11.1. Purpose and Authority
Violations of the provisions of these Regulations shall be prosecuted in the manner provided by law to protect the health, safety, and welfare of the public according to the County's authority under the New Mexico Subdivision Act, N.M.S.A. 1978, § 47-6-1 et seq. The remedies provided in these Regulations shall be cumulative and not exclusive.

Section 11.2. Penalties and Remedies
Violations of the provisions of these Regulations shall be subject to the following penalties, remedies and enforcement procedures:

11.2.1 Utility Connections
Any water, sewer, electric, or gas utility that connects service to individual parcels within a subdivision before a final plat for the subdivision has been approved by the Board of County Commissioners or before the landowner holds a valid building permit, may be fined a civil penalty of up to five hundred dollars ($500) by the Board of County Commissioners. The Board of County Commissioners may also require that any utility connected in violation of this section and of N.M.S.A. 1978, § 47-6-27.2, as amended, be disconnected.

11.2.2 Suspension of Right of Sale
The Board of County Commissioners may suspend or revoke approval of a plat as to unsold, unleased or otherwise not conveyed portions of a Subdivider's plat if the Subdivider does not meet the schedule of compliance approved by the Board of County Commissioners.

11.2.3 Injunctive Relief, Mandamus
The Board of County Commissioners, the District Attorney, or the Attorney General may apply to the District Court for any one or more of the following remedies in connection with violations of the New Mexico Subdivision Act and these Regulations:

a. injunctive relief to prohibit a Subdivider from selling, leasing, or otherwise conveying any interest in subdivided land until the Subdivider complies with the terms of the New Mexico Subdivision Act and these Regulations;

b. mandatory injunctive relief to compel compliance by any person with the provisions of the New Mexico Subdivision Act and these Regulations;

c. recision and restitution for persons who have purchased, leased, or otherwise acquired an interest in subdivided land that was divided, sold, leased, or otherwise conveyed in material violation of the New Mexico Subdivision Act or these Regulations; or

d. a civil penalty of up to five thousand dollars ($5,000) for each parcel created in knowing, intentional, or willful violation of the New Mexico Subdivision Act or these Regulations.

11.2.4 Bond Not Required
The Board of County Commissioners, the District Attorney and the Attorney General shall not be required to post bond when seeking a temporary or permanent injunction mandamus according to the provisions of the New Mexico Subdivision Act.

11.2.5 Criminal Penalties
a. N.M.S.A. 1978, § 47-6-27, provides that:


1. any person who knowingly, intentionally, or willfully commits a material violation of the New Mexico Subdivision Act is guilty of a misdemeanor, punishable by a fine of not more than ten thousand dollars ($10,000) per violation, or by imprisonment for not more than one year, or both; and

2. any person who is convicted of a second or subsequent knowing, intentional, or willful violation of the New Mexico Subdivision Act is guilty of a fourth degree felony, punishable by a fine of not more than twenty-five thousand dollars ($25,000) per violation or by imprisonment for not more than eighteen (18) months, or both.
Community Development
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Larry Hathaway
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