NeilTheCop
Member
This would then mean that if a zoning variance is denied all that the person who wanted the variance has to do is ignore the commission, as there is nothing they can do about it.
Makes no sense really.
Makes no sense really.
That's not what it means.This would then mean that if a zoning variance is denied all that the person who wanted the variance has to do is ignore the commission, as there is nothing they can do about it.
Makes no sense really.
No, it means there is nothing that MUST be done about it.This would then mean that if a zoning variance is denied all that the person who wanted the variance has to do is ignore the commission, as there is nothing they can do about it.
Makes no sense really.
The commission can choose to enforce the violation. They can choose not to.This would then mean that if a zoning variance is denied all that the person who wanted the variance has to do is ignore the commission, as there is nothing they can do about it.
Makes no sense really.
You are being intentionally obtuse here. Liken it to a police officer with a similar job description (relating to law enforcement). Do you think they have to give EVERY speeder a ticket? That would be an absurd proposition, just as your proposition that the ordinance enforcement officers have a legal requirement to enforce every instance of a code violation.Ordinance Enforcement Officer.
Duties.
The ordinance enforcement officers duties shall include, but not be limited to seeing that the requirements of Chaves County Ordinances, regulations, master plans, land use plans, or land use permit systems are carried out and enforced.
I looked everywhere but can't find any small print that says "But only if they feel like it"
Read what was linked to previously, Neil, and what was discussed at some length in your other threads.Ordinance Enforcement Officer.
Duties.
The ordinance enforcement officers duties shall include, but not be limited to seeing that the requirements of Chaves County Ordinances, regulations, master plans, land use plans, or land use permit systems are carried out and enforced.
I looked everywhere but can't find any small print that says "But only if they feel like it"
Neil, did you use to be a cop as you screen name implies? If did you make an arrest for every single violation of the law you saw?Ordinance Enforcement Officer.
Duties.
The ordinance enforcement officers duties shall include, but not be limited to seeing that the requirements of Chaves County Ordinances, regulations, master plans, land use plans, or land use permit systems are carried out and enforced.
I looked everywhere but can't find any small print that says "But only if they feel like it"
I did not, as it was clearly stated in policy that we were allowed to use officer discretion in certain circumstances. The enforcement officer has been given no such discretion that I can find.Neil, did you use to be a cop as you screen name implies? If did you make an arrest for every single violation of the law you saw?
A civil job description does not give rise to a cause of action on your part.I did not, as it was clearly stated in policy that we were allowed to use officer discretion in certain circumstances. The enforcement officer has been given no such discretion that I can find.
Neil, you even linked to the law earlier ... but you only quoted the portion that you think supports your argument.I did not, as it was clearly stated in policy that we were allowed to use officer discretion in certain circumstances. The enforcement officer has been given no such discretion that I can find.
Ah. Well ... that was a mistake.you are correct. Having read
A. Sections 3-21-1 through 3-21-14 NMSA 1978, and any ordinance adopted pursuant to these sections, shall be enforced, by the zoning authority having jurisdiction, as municipal ordinances are enforced.
I didn't read any further.