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Council reviews three draft vacant-property ordinances, asks planning staff for further analysis
Summary
Council discussed three model ordinances (Raton, Albuquerque, West Hollywood) to address vacant and dilapidated buildings. Members requested planning and code staff analyze options, particularly timelines (45 days vs. six months), classifications and enforcement mechanisms.
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During its Aug. 12 meeting the Town of Taos council reviewed three draft ordinances intended to address vacant, substandard and nuisance properties and asked planning and code enforcement staff to return with recommendations.
What the council heard - Drafts presented: Staff circulated three models: (1) City of Raton (shorter timelines and structured steps); (2) City of Albuquerque (longer assessment periods tied to building-code enforcement); and (3) West Hollywood, California (property classification tiers that tie fines and required remedies to building condition). - Timeline debate: Council members debated the trigger period for declaring a property "vacant." One councilor proposed extending the draft's 45-day threshold to six months to avoid penalizing owners with legitimate reasons for temporary vacancy; others argued a shorter timeline helps deter criminal misuse of empty buildings. - Classification and enforcement: Councilors discussed using a tiered system to differentiate low-risk vacancies (e.g., short-term absence, marketed properties) from hazardous, dilapidated structures. West Hollywood's model includes classifications that scale fines and compliance timelines by severity; several councilors asked staff to explore that approach. - Remedies and risks: Staff and council raised questions about using liens, fines, and possible condemnation or emergency abatement. Town attorney and staff noted emergency abatement for imminent hazards is one route; broader authority to seize or take ownership of property would follow state statutory condemnation processes and requires legal review.
Why it matters Vacant or poorly maintained properties can attract criminal activity, reduce neighborhood quality and complicate downtown revitalization. Council members emphasized balancing enforcement with protections for long-standing homeowners and small property owners who may lack capital for large repairs.
Next steps Council asked planning and code enforcement to: (a) inventory vacant commercial and residential properties and report estimated counts; (b) analyze proposed timelines (45 days, 90 days, six months) for declaring vacancy and propose a recommended threshold; (c) examine legal mechanisms for liens, fines and emergency abatement; and (d) draft a public-engagement plan before any ordinance is scheduled for a public hearing.
The council did not vote on an ordinance; the item was a policy-level discussion to guide staff drafting and community outreach.
