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Ordinance
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Covenant
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Basis
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Rule of law established by the Alto Lakes Special
Zoning District, a political subdivision of the State of New Mexico.
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Condition imposed by the original developer, and
successors, upon the use of real estate. The original developer filed
scores of covenants, one for each Unit of each Alto Lakes subdivision.
Each set of covenants was intended to regulate the use of property in a
manner unique to each neighborhood. Many of these covenants have been
consolidated into the Unified Covenants of 1993.
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How adopted
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Public notice, public hearing, and majority vote of
Zoning Commission.
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Specified conditions are incorporated in the real
estate deeds..
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How updated
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Public notice, public hearing, and majority vote of
Zoning Commission. An ordinance amendment can generally be drafted, discussed in
public hearings, and adopted in 3 months.
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Agreement of 51% (or more depending upon
neighborhood) of real property owners falling under same set of covenants.
Each property owner must execute a notarized revision to the covenant.
This is a slow and time-consuming process which can take several years
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Variances
& Conditional Uses
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Application by the property owner, public notice,
public hearing, and majority vote of Zoning Commission
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Private hearing by, and majority vote of, the ALG&CC
Architectural Control Committee
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Appeals
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Public hearing in District Court
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Private hearing by the ALG&CC Board of Directors
or civil complaint filed in District Court
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Enforcement
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Ordinances are enforced by the District Attorney and
County Sheriff and/or designated Code Enforcement Officer. Enforcement is
handled as a misdemeanor complaint in District Court under criminal
statutes. Penalties may include fines and/or jail.
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Covenants may be enforced by the ALG&CC ACC or
Board. In the absence of such enforcement, any property owner may file a
complaint in District Court at personal expense.
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Purpose
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Community health, safety and welfare
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Neighborhood needs
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Example
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A water conservation ordinance which applies to all
of Alto Lakes.
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2,600
minimum heated square feet for homes constructed in Deer Park Meadows
Units 1 & 2.
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