Proposed ordinance to fix eyesores

Portales city councilors want to rid the city of eyesores. Legally, City Attorney Randy Knudson says, it's not likely.

Councilors discussed a proposed Neighborhood Beautification Ordinance at Tuesday night's bi-monthly city council meeting, one that defines its purpose "to preserve and enhance the beauty of our community and neighborhoods."

"It's something that we talked about months ago and we let it drop," said Mayor Sharon King to councilors.

The ordinance would be somewhat similar to what the city already has set in place with the public nuisance ordinance but focuses on more than safety. The proposed ordinance also states another purpose would be to foster pride in the community and neighborhoods.

Knudson said he didn't think councilors could legally enforce people to clean up their yards or get rid of their junk because New Mexico laws wouldn't allow it unless the property is a danger to the public.

"If it presents a hazard to the public, then you can abate it," Knudson told councilors.

He said a California law allows municipal governments to abate aesthetic issues, but New Mexico law is different.

Knudson also cited examples of instances in which abating a property has been an issue either financially or legally.

"We have to show more than a beautification issue or an aesthetic issue," Knudson said.

He added that the economic status of the area also makes it difficult to enforce because the California city in which the ordinance has been based on is much different than Portales.

"It would be hard to enforce it in a community like Portales," Knudson said.

Finances to abate smaller issues other than dangerous buildings also seem to pose a problem for councilors.

Portales Planning Director Sammy Standefer reminded councilors about the five buildings they declared dangerous. Standefer said they are pursuing those issues and will be taking them to municipal court.

"We do have the money, we're not bluffing," Standefer told councilors.

But Knudson fears that there wouldn't be enough money for the city to remedy all the issues in the city with the addition of the proposed ordinance.

"I'm not saying you shouldn't do it, you just need to be selective," Knudson said.

Councilor Keith Thomas asked Knudson if modifying the document to fit the city's needs was possible.

Knudson responded that he saw no harm in it but ultimately stated that public health and safety would be the only reason to abate the property.

"It's probably beyond what your powers are," Knudson said.

The councilors took no action on the ordinance Tuesday night and plan to meet before the next city council meeting to modify the proposed ordinance.