A Recent Facebook Post Listing the Properties Sparked a Conversation With Several People
The City of Española has added 11 properties to its Clean and Lien program, which allows it to clean up abandoned, dangerous and dilapidated properties considered a public nuisance.
City Manager Lauren Reichelt posted the list of properties on Facebook on Nov. 13, which started conversations with several people who found errors on the list or claimed to have already begun the clean-up process.
Reichelt said that posting the list to Facebook gave her an idea about how the community feels about the program, and she believes people want to see the city do something about these properties.
“I’m looking at properties in a pragmatic way,” she said during a telephone interview. “The idea isn’t here to try and take away housing or properties from poor people. The purpose is there are people out there who have been negligent in maintaining their properties and it’s a public nuisance and danger. We need to reduce the danger to the public and we need to increase our capacity to enforce our zoning, and just to enforce our various ordinances and codes.”
Reichelt made a follow-up post several days later, stating one of the addresses she posted was wrong. Originally, she listed a property owned by J.R. Trujillo, former chairperson of the city’s Planning and Zoning Committee. One digit of the address was incorrect. They found the error was made 10 years ago when the property owner representative filed their mailing address instead of the physical property address with the Rio Arriba County clerk.
Two other property owners contacted her to say that no one from the city reached out to them, and she knows of at least two other people who posted on Facebook that they already began the clean-up process, Reichelt said.
There could be glitches in the city’s system and she plans to investigate these claims before continuing the process, she said.
Process
The city council passed a resolution in January, authorizing the remediation and abatement of 10 properties already on the clean and lien list.
The city posted a press release on Facebook in May, stating they would begin demolition of the structures and clean up of the properties and would auction off foreclosed properties that were part of the Clean and Lien program between 2018 and 2021. The city must follow a lengthy process before getting to this point.
Owners must be notified and given a chance to take care of the property, and if they cannot be found, notice must be posted at the site.
They can also file an appeal with the city, and if they are not satisfied with the outcome, they can file a petition in First Judicial District Court.
If the property owner does not take action, the city can clean the property and place a lien on it for the cost of services. If the owner does not satisfy the lien, the city can foreclose on the property and take ownership.
The city can then choose what to do with the property, which can include auctioning it off. Any money made is put into the clean and lien fund to continue the program.
The process is often complicated by myriad issues because of the probate process, owners may be deceased or there may be title issues or disagreements between multiple people who own the property.
Several people claimed they were never contacted or given the opportunity to address the property issues prior to the demolition of their houses.
District 4 Councilor Samuel LeDoux is not happy with Reichelt’s decision to post this list on social media and said it should be officially presented to council before being made public.
Property owners have the right to a fair hearing and these types of posts can inadvertently expose councilors to public opinions that could influence them, he said.
The city holds quasi-judicial hearings during the clean and lien process, and councilor votes can be disqualified for being biased.