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 Santa Fe
 Zoning
 Article 11. ENFORCEMENT

  § 11.03. Cease and desist order.  

Latest version.

  • a.

    When the CSD or his designee determines there is non-compliance with any material term, condition or requirement of this Ordinance, the CSD or his designee shall order any person having a proprietary interest in the property or any person engaged in the development of the property to cease and desist such unauthorized activity on the site until such order is released by the CSD or his designee following an inspection to determine compliance with this Ordinance.

    b.

    The "cease and desist order" shall be in writing and specifically identify the person or party in violation; nature of the violation(s); specific Ordinance, chapter and section violated; required corrective action; and, authorized compliance date. A copy of such order shall also be mailed to the property owner(s) and permit holder(s) of record if not present at the time the cease and desist order is presented at the site and or posted upon the site.

    c.

    Any person or party failing to comply with an order to cease and desist shall at the City's sole discretion have a suit brought upon them in a court of competent jurisdiction to restrain and enjoin such non-permitted action from continuing after delivery of a cease and desist order or its posting upon the property in accordance with this chapter.

    d.

    The cease and desist order shall remain in effect until the CSD or his designee hand delivers a signed release of the cease and desist order to the property owner(s) or permit holder(s) or provides such person(s) a copy of the release via certified mail return receipt requested.

    e.

    A courtesy hearing for relief from a Code Enforcement Officer's decision shall be presented to the Office of the Community Services Director in writing within the specified period for abatement of the violation(s). All such hearings shall be conducted within the specified period for violation abatement and if relief is not granted, violation abatement shall occur within the period specified by the Code Enforcement Officer.

    f.

    Appeals of the CSD's decision may be made in writing by any aggrieved party to the City of Santa Fe, Board of Adjustment.

(Ord. No. 03-2006, § 11.3, 2-23-06)