The owners of a Corrales property described by neighbors and village officials as a public nuisance have appealed a clean-and-lien order and now face a public hearing before the Village Council.
Councilors last month approved the sanction against Jose Silva and Horst Welbat, who own the property at 744 Old Church Road. Silva resides there and Welbat lives out of state.
The decision clears the way for the village to eventually clear the lot and bill the property owners for the cost of the cleanup, after the matter is adjudicated.
Dennis Edeal, the village’s code enforcement officer, said he expects the hearing before the council to take place in January.
If councilors keep the clean-and-lien order in place, property owners can appeal to district court.
Once that decision is finalized, the village would need to assemble specifications for the cleanup job, put the project out to bid and award the contract. It’s unknown how much it would cost to clear the lot.
The October action came after neighbors reported numerous hazardous conditions on the property. Recent California fires, they said, underscored the urgency of the need to address the problem, with flammable materials and a large number of tires on the grounds.
Fire Chief Anthony Martinez said tire fires can last a day or more and are extremely difficult to put out.
A California firm, Environmental Engineering and Contracting Inc., says burning tires project various hazardous compounds into the air, creating the potential for illness to anyone breathing nearby. Another danger comes from run-off oils activated by rain or fire hoses.
Neighbor Pamela Whitney said the smoke could be so toxic as to cause an evacuation of part of the village.
The neighbors also reported squatters living in vehicles on the property, with no access to restrooms or electricity. They said the lot had been disheveled for decades and now presented a greater danger.
Planning and zoning administrator Laurie Stout, in introducing the resolution authorizing the clean and lien action, discussed site visits in which staff from multiple village departments saw numerous code violations on the property and said previous attempts to get the property owners to comply have been fruitless.
She showed a video shot a few days earlier and discussed interactions staff had with various people on the property. Stout said what they saw included dozens of abandoned and inoperable vehicles, an unpermitted shed containing a bunk bed and a tall pile of sticks stacked against a wooden fence, next to a neighboring residence.
Stout said village officials have asked Sandoval County authorities not to issue any permits for the site for the time being.
At the October meeting, Silva’s caretaker, Kimberly Delaney, said they are working on cleaning up the property, which Stout said seemed to have begun, though Silva’s son appeared to be hindering that effort.
Village Attorney Randy Autio and other officials said the village has no intention of disturbing Silva’s residence and is interested in getting reimbursement for any village expenses related to the cleanup without foreclosing on the home.