Serving Clovis, Portales and the Surrounding Communities

Ask the News - Jan. 21

Can Clovis’ code enforcement department immediately seize property for whatever they deem a violation of city code?

I read this allegation recently on a social media post and I find it hard to believe such a thing may happen without due process.

The post alleged the information was told to them by a person on the code enforcement staff.

“The city does not have the ability to seize property for code enforcement violations, other than abandoned vehicles,” City Attorney Jared Morris wrote in an email response to The News.

Morris noted the city does have an ordinance “that authorizes the removal … of abandoned vehicles, after adequate notice and under certain circumstances.”

Morris went on to write Clovis has ordinances that allow cleanup of property that is deemed a “public nuisance.”

“In doing so, the city, after following the procedures and giving due process, can remove garbage and refuse and take it to the landfill.”

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