N.M. Admin. Code § 18.20.5.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.20.5.11 - PROCEDURE FOR REMOVAL OF PROHIBITED ENCROACHMENTS AND NON-HAZARDOUS OBSTRUCTIONS

A. An unlawful encroachment or non-hazardous obstruction shall be identified by the Department with reasonable particularity, and ownership shall be determined, if possible.

B. A written notice shall be sent by certified/return receipt mail to the apparent owner at his last known address. If ownership cannot be ascertained, or no address for the owner can be found after diligent search, a copy of such notice shall instead be posted in a conspicuous place on the encroachment or non-hazardous obstruction. This notice shall contain the following information:

(1) A description of the encroachment or non-hazardous obstruction sufficient to identify it;

(2) Notification that the encroachment or non-hazardous obstruction is in violation of 18 NMAC 20.5 [now 18.20.5 NMAC];

(3) That the encroachment or non-hazardous obstruction must be removed within ten (10) days by the owner at his expense;

(4) That if the encroachment or non-hazardous obstruction remains after ten (10) days, the Department will remove it and bill the owner for the actual costs incurred in its removal;

(5) That the owner has a right to a hearing before the District Engineer or his designee(s) on whether or not the encroachment or non-hazardous obstruction must be removed;

(6) That the owner himself has the responsibility to request this hearing by mailing a written Request for Hearing to the District Engineer within ten (10) days of service of the first written notification or he will be deemed to have waived his right to a hearing.

C. If the owner has failed to remove the encroachment or non-hazardous obstruction and has failed to request a hearing before the District Engineer within ten (10) days of service of the notice, the Department may remove the encroachment or non-hazardous obstruction at the owners expense.

N.M. Admin. Code § 18.20.5.11

12/31/98; Recompiled 11/16/01