2006 New Mexico Statutes - Section 3-60-25 — Preparation and approval of plans.

3-60-25. Preparation and approval of plans.

A.     A municipality shall not prepare a community development plan for a community development area unless the governing body has by resolution determined the area to be a slum area or a blighted area, or a combination thereof, and designated the area as appropriate for a community development project, which resolution may be adopted only after the governing body shall have caused to be published in a newspaper of general circulation within the county and mailed by first class mail to each owner of real property affected by the resolution a notice which shall contain a general description of the area, an identification of all residential dwellings thought to be substandard in the area, based on existing housing or rehabilitation codes, and the date, time and place where the governing body shall hold a public hearing to consider the resolution and a notice that any interested party may appear and protest the adoption of the resolution. If the notice to the owner is returned undelivered, the governing body shall attempt to discover the owner's most recent address and shall remail the notice by certified mail, return receipt requested, to that address. Such notice shall be published at least twice. The last publication and the mailing of notice shall be not less than twenty days before the hearings. It is specifically provided that the owner of any real property affected by the resolution shall have the right to file in the district court of the county within which such municipality is located within twenty days after the adoption of such resolution an action to set aside the determination made by the governing body of the municipality. A municipality shall not acquire real property for a community development project unless the local governing body has approved a community development plan relating to the community development area in which the real property is located. The notice requirement to a real property owner is satisfied if:   

(1)     the requirement is waived by written agreement between the property owner and the municipality; or   

(2)     the property owner is unknown, cannot with reasonable diligence be contacted or is incapable of contracting and has no legal respresentative [representative].   

B.     When a municipality has complied with the provisions of Subsection A of this section it may prepare or cause to be prepared a community development plan. However, prior to final consideration of the plan by the local governing body, the plan shall be the subject of at least one public hearing held by the mayor, or if he so designates, the municipal planning commission, at which time comments from the public as a whole can be gathered and considered by the municipality in its preparation of the plan. The local governing body may hold a public hearing for purposes of approval of the proposed plan, as provided in Subsection C of this section, only after the hearing required by this subsection.   

C.     The local governing body shall hold a public hearing on a community development plan or substantial modification of an approved plan, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the area covered by the plan, and shall outline the general scope of the community development project under consideration.   

D.     Following the public hearing, the local governing body may approve a community development plan if it finds that:   

(1)     the proposed activities will aid in the elimination or prevention of slum or blight or the conditions which lead to the development of slum or blight;   

(2)     a feasible method is included in the plan to provide individuals and families who may be displaced by the proposed activities with decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families;   

(3)     the plan conforms to the general plan for the municipality as a whole; and   

(4)     the plan affords maximum opportunity consistent with the needs of the community for the rehabilitation or redevelopment of the area by private enterprise or persons, or the objectives of the plan justify the proposed activities as public purposes and needs.   

E.     A community development plan may be modified at any time. However, if the plan is modified after the lease or sale by the municipality of real property in the project area, the modification shall be subject to any rights at law or in equity as a lessee or purchaser, or his successors in interest, may be entitled to assert. Any proposed modification which will substantially change the plan as previously approved by the local governing body shall be subject to the requirements of this section, including the requirement of public notice and hearing, before it may be approved.   

F.     Upon the approval of a community development plan by the local governing body of the municipality, the provisions of the plan with respect to future land use, building and rehabilitation requirements applicable to all property covered by the plan shall be controlling over all other municipal ordinances, rules or regulations, unless specifically amended by the ordinances, rules or regulations.