2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 49 - Streets, Sidewalks and Public Grounds
Section 3-49-4 - Sidewalks; repairing; improving; constructing.
A. If the governing body determines that it is necessary to repair, improve or construct a sidewalk fronting an individual tract or parcel of land, the governing body shall adopt a resolution requiring that a sidewalk be repaired, improved or constructed in conformity with the existing sidewalk standards adopted by the municipality.
B. A copy of the resolution shall be served by certified mail at his last known address on the owner or agent in charge of the tract or parcel of land which is contiguous to the sidewalk. If the owner, as shown by the real estate records of the county clerk or agent in charge of the building, structure or premise cannot be served as provided in this subsection, a copy of the resolution shall be posted on the building, structure or tract or parcel of land which is contiguous to the sidewalk and a copy of the resolution shall be published one time.
C. Within fifteen days of the receipt of a copy of the resolution or of the posting and publishing of a copy of the resolution, the owner or agent in charge of the building, structure or premise shall commence repairing, improving or constructing a sidewalk, or file a written objection with the municipal clerk asking for a hearing before the governing body of the municipality.
D. If a written objection is filed as required in this section, the governing body shall:
(1) fix a date for a hearing on its resolution and the objection;
(2) consider all evidence for and against the sidewalk resolution at the hearing; and
(3) determine if its resolution should be enforced or rescinded.
E. Any person aggrieved by the determination of the governing body may appeal to the district court by:
(1) giving notice of appeal to the governing body within five days after the determination made by the governing body; and
(2) filing a petition in the district court within twenty days after the determination made by the governing body. The district court shall hear the matter de novo and enter judgment in accordance with its findings.
F. If the owner or agent in charge of the tract or parcel of land which is contiguous to the sidewalk fails to commence repairing, improving or constructing the sidewalk:
(1) within fifteen days of being served a copy of the resolution or of the posting and publishing of the resolution if no written objection is filed;
(2) within five days of the determination by the governing body that the resolution shall be enforced if no appeal is taken; or
(3) after the district court enters judgment sustaining the determination of the governing body, the municipality may repair, improve or construct the sidewalk at the cost and expense of the owner. The reasonable cost of the repair, improvement or construction shall constitute a lien against the tract or parcel of land which is contiguous to the sidewalk. The lien shall be foreclosed in the manner provided in Sections 3-36-1 through 3-36-5 NMSA 1978.
G. If, within twenty days of the receipt of the final order, the owner of the tract or parcel of land which is contiguous to the sidewalk fails to repair, improve or reconstruct the sidewalk as required in the notice, the owner of the tract or parcel of land contiguous to the sidewalk is liable for any injury received by any person which injury is proximately caused by the negligence of such owner pertaining to such faulty repair, construction or maintenance of the sidewalk and the municipality is not liable.
History: 1953 Comp., § 14-50-4, enacted by Laws 1967, ch. 240, § 1.
ANNOTATIONSRepeals and reenactments. — Laws 1967, ch. 240, § 1, repealed 14-50-4, 1953 Comp., relating to repairing, improving and constructing sidewalks, and enacted the above section.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For scope of review of the district court, see Zamora v. Vill. of Ruidoso Downs, 1995-NMSC-072, 120 N.M. 778, 907 P.2d 182.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Earth or mud: liability of municipal corporation to pedestrian for slippery condition of sidewalk caused by deposits of earth or mud thereon, 16 A.L.R.2d 1290.
Liability for injury on parking or strip between sidewalk and curb, 19 A.L.R.2d 1053, 98 A.L.R.3d 439.
Snow and ice on sidewalk, municipal liability for injuries from, 39 A.L.R.2d 782.
Concurring conditions: liability of municipality for injury resulting from slippery condition of walk concurring with defects therein, 41 A.L.R.2d 739.
Rope or clothesline across sidewalk, municipal liability for injury or death from collision with, 75 A.L.R.2d 565.
Deliberate act: liability of municipal corporation to person injured in fall because of slippery substance such as paint or oil deliberately placed on surface of street or sidewalk, 81 A.L.R.2d 1194.
Bicycle, tricycle, or similar vehicle, liability of municipality for injury or death from defects or obstructions in sidewalk to one riding thereon, 88 A.L.R.2d 1423.
Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from defect or obstruction on roadside parkway or parking strip, 98 A.L.R.3d 439.
63 C.J.S. Municipal Corporations, § 1048.
