Santa Fe County seeks clean-and-lien after fire-damaged house at 2133 Paseo; hearing officer to rule within five working days

Santa Fe County presented evidence at an administrative nuisance hearing seeking a recommendation to the Board of County Commissioners that the county proceed with clean-and-lien enforcement at 2133 Paseo Mel Senada, saying the two-story residence was fire-damaged, uninhabitable and remained littered with debris and inoperable vehicles.

The county’s case, presented by Joseph A. Martinez, Santa Fe County code enforcement, said inspections beginning June 2024 documented fire damage, lack of utilities and other conditions the county classifies under the Nuisance Abatement Ordinance and the county anti-litter ordinance. Martinez asked Hearing Officer John Ziegler to uphold the county’s findings and to recommend that the Board enact the clean-and-lien remedy outlined in the nuisance ordinance. Ziegler said he will issue a written decision within five working days.

Why this matters: County staff contends the site poses ongoing public-safety and nuisance risks—including repeated, unauthorized entry—and that prior notices and certified-mail letters were not received by the owner and were returned as unclaimed. The county asked for administrative enforcement because, it said, corrective work had not been completed after multiple inspections and a magistrate-court criminal complaint.

Evidence and timeline

Joseph Martinez said a complaint by neighbor Daniel (Dan) Chavez initiated the county investigation on June 3, 2024; code officers inspected the property on June 11, 2024 and again on August 19, 2024. Martinez said notice-of-violation postings and certified letters were delivered but returned unclaimed, and a final notice of written order dated December 13, 2024 gave the owner ten days to act. When county staff found no corrective action, Martinez said, the county posted a public hearing notice (published in the Santa Fe New Mexican on 02/12/2025) and proceeded with administrative enforcement.

Martinez presented photographic exhibits from a February 6, 2025 inspection showing extensive fire damage to roof, porch and interior framing, collapsed front portal elements, charred structural members, accumulated trash and at least one burned trailer or vehicle on site. He said county staff tested and confirmed no running hot or cold water, no heating and no electricity at the structure during inspections. Martinez also introduced a copy of a fire department report and a magistrate-court case record reflecting that a criminal complaint was filed and that a bench warrant was issued after the property owner failed to appear in court.

Owner’s response and witness testimony

Property owner Randy R. Tapia said he had been homeless after losing part of his house in the fire and that he had returned to town and “cleaned up the whole debris, and I’ve put a fence. I’ve cleaned out all the burnt cars. I’ve blocked up all the windows, and I have pictures.” Tapia declined to call additional witnesses beyond family members and rested his case after testimony.

Brianna Sena, who identified herself as Tapia’s daughter’s mother, was sworn and showed recent photographs that she said were taken four days before the hearing showing windows and doors boarded, gates closed and some cleanup on site. Diana Chavez, a neighbor, testified that the property had been subject to unauthorized entry and that people had been coming and going at night; she said she has recorded activity with a camera and described the presence of squatters on the site.

County rebuttal and technical opinion

In rebuttal, Martinez offered the testimony of Jordan Yutzy, Santa Fe County land-use administrator, who said he reviewed the photographs and—based on his civil-engineering training and a structural-fire-behavior standard—concluded several members appeared to have lost more than 25% of their section, rendering them structurally unsound under the International Building Code and requiring replacement for the building to be safe.

What the county asked the hearing officer to do

Martinez asked the nuisance hearing officer to uphold the county’s findings under the Nuisance Abatement Ordinance (as cited in the county exhibits) and the anti-litter ordinance, to find that substandard building conditions and criminal activity on the site support a nuisance determination, and to recommend that the Board of County Commissioners authorize the ordinance’s clean-and-lien provisions (cited by Martinez as section 10.C.5).

Hearing conclusion and next step

Hearing Officer John Ziegler closed the hearing and said he would issue a written decision within five working days. There was no formal ruling at the hearing; the recommended enforcement (if the officer upholds the county’s findings) would be considered later by the Board of County Commissioners.

Quotes (selected and attributed to speakers listed below)

"This case arises from a complaint submitted to our office by Mr. David Chavez on 06/03/2024." — Joseph A. Martinez, Santa Fe County code enforcement (excerpted from county opening)

"I cleaned up the whole debris, and I've put a fence. I've cleaned out all the burnt cars. I've blocked up all the windows, and I have pictures." — Randy R. Tapia, property owner

"There are several beams that have looked like they have lost more than 25% of either their width or their thickness. And at that point in time, those beams would have to be replaced in order to be structurally sound under the International Building Code." — Jordan Yutzy, Santa Fe County land use administrator

Ending

No administrative order was issued at the hearing. The nuisance hearing officer said he will issue a written decision within five working days; any recommended clean-and-lien action would be presented to the Board of County Commissioners for final consideration.