NOTICE OF ADOPTION OF RESOLUTION NO. 21-30
STATE OF NEW MEXICO, COUNTY OF LOS ALAMOS
Notice is hereby given that the following Resolution No. 21-30, was duly adopted and approved by the County Council of the Incorporated County of Los Alamos, State of New Mexico, on October 29, 2021. The full copy is available for inspection or purchase in the County Clerk’s Office: 1000 Central Avenue, Suite 240, during regular business hours.
INCORPORATED COUNTY OF LOS ALAMOS RESOLUTION NO. 21-30
A RESOLUTION DECLARING THE HOTEL STRUCTURE, COMMONLY REFERRED TO AS “THE HILLTOP HOUSE,” LOCATED AT 400 TRINITY DRIVE, LOS ALAMOS, NEW MEXICO, A MENACE TO THE PUBLIC COMFORT, HEALTH, PEACE, AND SAFETY AND ORDERING REMOVAL OF THE HILLTOP HOUSE, AND ASSOCIATED RUINS, RUBBISH, WRECKAGE, AND DEBRIS FROM LOS ALAMOS COUNTY.
WHEREAS, pursuant to N.M. Const. Art. X, § 5 the Incorporated County of Los Alamos (“County”) is vested with all powers granted to municipalities including the powers granted by NMSA § 3-18-5 to address dangerous buildings and debris; and WHEREAS, the Fire Marshal for the Incorporated County of Los Alamos, New Mexico has found and declared the structure, hereafter referred to as the Hilltop House, located at 400 Trinity Drive, Los Alamos, NM, and identified as the “400 Trinity Drive Building” on a survey plat prepared for New Mexico Innovation Triangle LLC and recorded in the Real Estate Records of the County Clerk on April 13, 2020 in Book 188, Page 634 as Document No. 242749 to be a “clear and inimical threat to human, life, safety, and health.” (See Fire Marshall’s October 18, 2021 order attached to this Resolution as Exhibit “A”.); and
WHEREAS, the Hilltop House located on the Parcel is so ruined, damaged and dilapidated from a lack of regular maintenance and damage that the structure is now unsafe and a threat to the public’s health, safety and welfare; and
WHEREAS, no timely action has been taken by the owner, New Mexico Innovation Triangle, LLC, to remove the Hilltop House, its ruins, rubbish, wreckage and debris from the county; and
WHEREAS a public hearing was held by the Council of the Incorporated County of Los Alamos after notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Incorporated County of Los Alamos that:
Section 1. The determination of the Fire Marshal of the Incorporated County of Los Alamos, New Mexico is that the Hilltop House is so ruined, damaged, and dilapidated, and the premises so covered with ruin, rubbish, wreckage, or debris as to be a menace to public comfort, health, peace and safety. See Exhibit “A.”
Section 2. The Council of the Incorporated County of Los Alamos, New Mexico (“Council”) hereby declares the Hilltop House located on the Parcel a menace to the public comfort, health, peace and safety.
Section 3. Council hereby orders the Hilltop House, its ruins, rubbish, wreckage, and debris located on the Parcel removed from the County of Los Alamos.
Section 4. Council orders New Mexico Innovation Triangle LLC to: (A) Commence removing the Hilltop House, its ruins, rubbish, wreckage and debris within ten (10) days after service of a copy of this Resolution or of the posting and publishing of a copy of this Resolution, and continue to work diligently and substantively in order to fully complete removal of the Hilltop House, its ruins, rubbish, wreckage and debris from Los Alamos County no later than March 30, 2022, leaving the parcel in a clean, level, and safe condition suitable for further occupancy or construction with all excavations filled; or (B) Within ten (10) days after service of a copy of this Resolution or of the posting and publishing of a copy of this Resolution, file a written objection to the findings stated herein with the County Clerk asking for a hearing before the County Council.
Section 5. If New Mexico Innovation Triangle, LLC fails to commence removing the Hilltop House, its, ruins, rubbish, wreckage and debris as prescribed in this Resolution within:
(A) Ten (10) days of being served a copy of this Resolution or of the posting and publishing of this Resolution; or
(B) Within five (5) days of the determination by Council that any timely filed written objection is not well taken, and that this Resolution shall be enforced; or
(C) After the District Court enters a judgment sustaining the determination of the County Council;
Then, the County may remove the Hilltop House, and its ruin, rubbish, wreckage, and debris from Los Alamos County at the cost and expense of the owner. The reasonable cost of the removal incurred by the County shall constitute a lien against the building, structure, ruin, rubbish, wreckage or debris so removed and against the lot or parcel of land from which it was removed. The lien shall be foreclosed in the manner provided in Sections 3-36-1 through 3-36-6 NMSA 1978.
Section 6. In addition to New Mexico Innovation Triangle LLC any party holding a legal or equitable interest or having a recorded security interest in the property shall have standing to file objections in the same manner provided to New Mexico Innovation Triangle LLC in Section 4(B) of this resolution. Enterprise Bank &Trust, and Encompass Studio, LLC do have recorded security interests in the Parcel that may be extinguished if a County lien is imposed pursuant to NMSA § 3-18-5 and foreclosed in the manner provided in Sections 3-36-1 through 3-36-6 NMSA 1978.
Section 7. Enterprise Bank & Trust and Encompass Studio LLC shall be served with a copy of this resolution in the same manner as New Mexico Innovation Triangle LLC.
Section 8. Enterprise Bank & Trust and Encompass Studio LLC are hereby given notice that within ten (10) days after service of a copy of this Resolution or of the posting and publishing of a copy of this Resolution, each may file a written objection to the findings stated herein with the County Clerk asking for a hearing before the County Council.
ADOPTED this 29th day of October 2021
Council of the Incorporated County of Los Alamos
By: /s/ Randall T. Ryti, Council Chair
Attest: /s/ Naomi D. Maestas, County Clerk
PUBLISHED IN THE LOS ALAMOS DAILY POST THURSDAY NOVEMBER 4, 2021 (Continued on page B5)
