Weeds more than 18 inches tall are in violation of the Los Alamos Municipal Code. Photo by Maire O’Neill/ladailypost.com

The area behind an unoccupied business in Los Alamos is being looked at by code enforcement inspectors. Photo by Maire O’Neill/ladailypost.com

A fence in Los Alamos is leaning over and has damaged and missing boards. Photo by Maire O’Neill/ladailypost.com

By MAIRE O’NEILL
Los Alamos Daily Post

Times change and sometimes the attitudes and lifestyles of a community change with them.  Sometimes, ordinances and regulations are passed with the support of the majority of folks in a community, but when the time comes to enforce them, not everyone is happy.

In recent months, this has been the case with Chapter 18 of the Los Alamos Municipal Code entitled Environment but better known as the Nuisance Ordinance which addresses the minimum conditions and the responsibilities for maintenance of existing residential and non-residential structures as well as exterior property. Several local businesses and homeowners have already received summonses to appear before Los Alamos Municipal Judge Alan Kirk for violations of the County Code.

Los Alamos County Code Enforcement staff initiate a response to code violations when they observe an infraction or when they receive a complaint regarding a particular property. Code enforcement falls under the Community Development Department which is headed by Paul Andrus. Michael Arellano, the County’s Building Safety Manager and Chief Building Officer oversees Enforcement which has two inspectors, Larry Valdez and Michael Marquez.

When a code violation is brought to a property owner’s attention, the hope is that through voluntary compliance and a spirit of personal responsibility, the violation can be corrected. A notice can be issued to the property owner, tenant or both. It describes the violation and sets a reasonable time for abatement of the violation, usually not less than two days or more than 30 days after service of the notice. If the violation still exists after the prescribed time, a complaint charging the violation may be filed with the Municipal Court.

County-owned buildings and property are also subject to scrutiny such as the pumphouse building at Diamond Drive and North Road where the exterior walls appear to need some attention.
On visiting neighborhoods in Los Alamos and White Rock with Building Safety Division staff, it quickly became apparent that many residents may not be aware of what constitutes a nuisance under the Code. The most prevalent violations seem to be weeds that are more than 18 inches tall, fences that are falling down, piles of brush or trash, outdoor storage of materials and vegetation which extends or protrudes onto streets or sidewalks and protective treatment.  

Code enforcement inspectors find that when they bring these issues to residents’ attention, a frequent reaction is to point to other potential violators on their street or in their neighborhood. This is why inspectors often try to select a neighborhood and address any issues there before moving on to a different neighborhood, Valdez says. On the other hand, many residents act quickly, maintain contact with enforcement officials and resolve their issues in a timely manner.

“Many people don’t realize that all accessory structures such as detached garages, sheds, fences and walls are required to be maintained structurally-sound and in good repair,” he said. For example, the Columbian Club at the Knights of Columbus property at Trinity and DP Road received a summons to Municipal Court because of a retaining wall which appears to be failing and protective treatment on the building. Fences that are leaning or have boards missing also constitute a code violation.

Protective treatment is a huge issue under the Code, Arellano says. All exterior surfaces such as door and window frames, cornices, porches, trim, balconies, decks and fences have to be protected from the elements and from decay by painting or other protective covering or treatment. Peeling, flaking or chipped paint is not allowed and has to be eliminated.

Roofs have to be sound and well-maintained but inspectors pointed out two roofs on commercial buildings in Los Alamos that needed major work as well as a private home in White Rock where the roof is mostly covered with tarps. Atomic City Investments was recently summonsed to court in connection with the condition of the roof at the former Hilltop House Hotel property. The roof of a building on the Black Hole property on Arkansas Avenue also appears to have deteriorated greatly in recent years.

Code enforcement inspectors are also responsible for addressing inoperable vehicles on private property whereas dealing with inoperable vehicles on the street is the responsibility of the Los Alamos Police Department. Abandoned structures must be maintained and kept secured with any broken doors or windows repaired or replaced. There is currently no provision for dead standing trees, however if a tree is down, inspectors can issue a notice.

“Our goal is to maintain property in our community in good condition and improve property values for everyone,” Arellano said.