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A few years ago we bought land (.62 acres) in the Upper Canyon area in Ruidoso with plans to retire there in about 12 years.....about a year or two ago we started receiving notices from the Village of Ruidoso that we needed to start paying for refuse/leaves/branches cleanup from the street in front of our lot, even though we don't have a dwelling on it and don't stack anything there....basically it's Mother Nature doing what she does. After an argument with the Administration Office, we started paying (about $200 every 3 months).
Late last week, I receive a Certified Letter from the wonderful folks at Village of Ruidoso, stated that we have a bunch of dead trees on our lot that will need to be cleared off, to the tune of around $2000. Not only do I not have $2000 spare change sitting around, cutting trees will seemly devalue the lot.
How is it that they can do this from a legal standpoint? Or is that just implicit when we purchased the land? Had we known about all these little hidden costs, we probably would have purchased elsewhere.
Sec. 42-70. - Fuels management: duty to abate and control wildfire fuels.
(a)
It shall be the duty of every owner, occupant, and person in control of any land or interest therein or premises which are located within the jurisdictional limits of the village, to control and/or abate therefrom all flammable vegetation that constitutes a fire hazard which may endanger or damage neighboring property.
(b)
The monthly fees for forest debris collection and disposal shall apply to all lots in all districts whether improved or not. The monthly rates for collection and disposal of forest debris shall be set from time to time and are listed in the fee schedule in appendix A to this Code.
[LEFT] (Ord. No. 2002-06, 6-25-02; Ord. No. 2012-07, 6-26-12) [/LEFT]
I figured it was a fire control rule. I suggest doing what is needed. A burned over lot is much less desirable than one with a few, presumably, dead trees removed.
Well, the same size lot next to us had to cut 37 trees out.....that's a far cry from "a few".....at a cost of $2000.
I guess the lesson learned is.....before buying land, or before moving ANYWHERE, read the city....and county.....and state regulations cover to cover before making a decision.
Well, the same size lot next to us had to cut 37 trees out.....that's a far cry from "a few".....at a cost of $2000.
I guess the lesson learned is.....before buying land, or before moving ANYWHERE, read the city....and county.....and state regulations cover to cover before making a decision.
Realtors are under obligation to "disclose" this kind of information to buyers. I presume legal redress can be sought against realtors who fail their duty in this regard.
Following the first disastrous wildfires about 20 years ago, the village of Ruidoso hired a "Forester" who oversees the ordinances that "require" property owners to remove trees found to be too densely growing, trim off "ladder fuel" (low limbs) and generally clear out underbrush, etc. Regular residents pay a monthly "yard waste" fee in addition to a monthly garbage pickup fee. My "yard waste" fee is $4.00/mo. While I seldom have much yard waste, this is a surtax that goes toward paying the huge cost of maintaining grapple trucks and disposing of the waste, which is done year around on a regular schedule.
Inspection of properties by the Forestry Dept of the village has been done in a zone-wise manner so far. Depending on the size of the property, there may be available offsetting funds to relieve the landowner of the full burden of coming into compliance. I believe once the property is in compliance, it won't be re-inspected for five years.
Property owners that do no comply are faced with forced/involuntary clearing by the village and a lien placed on the property which will have to be satisfied before the land can be sold.
Our yard waste fee is considerably more than yours.....don't know how they go about determining the fee.....I'm sure it's buried somewhere in the city code though. I guess what makes it hard to deal with is that we don't live there, it's undeveloped land.
I will ask about your statement of "it won't be re-inspected for five years.".......that's important info for me at this stage because I'm seriously considering selling the land, and one of the factors in that decision is "will I presented with another bill next year" if/when more trees die.
I guess I naively didn't think about all the regulations and fees and whatnot when I bought it......I expressed my displeasure to my realtor today.....not that it will do any good.
Could you tell me how/where you found the info that states that, once in compliance, you are not inspected for another 5 years.....it will make a huge difference in our decision whether to keep our land or not.
Could you tell me how/where you found the info that states that, once in compliance, you are not inspected for another 5 years.....it will make a huge difference in our decision whether to keep our land or not.
Yes, thanks......after I last posted, I found that same document: We will then mail you a Certificate of Compliance and change your status to “compliant”. This will automatically reduce the fee you are charged for yard waste removal and that fee reduction will be in effect for the certification period of five years.
BUT, I also found this:
Thinning Standards
Village of Ruidoso Adopted July 9 2013
Sec. 42-80. Fuels management standards:
The intent of these standards is to reduce the potential for a catastrophic crown fire within the Village while preserving the forested appearance of the Village. The goal is to retain a forest environment with a 40 square foot per acre minimum basal area density of mature trees. This translates to forty 14 inch diameter trees per acre. When computing minimum required basal area, trees smaller than 14 inch diameter will be projected to grow to 14 inch diameter.
(a) All properties shall meet the following requirements for each particular Zone. Upon determination by the Village that a property is in compliance, the Village will issue a letter to the property owner. Initial thinning should normally last a period of 10 years before ladder fuels and tree growth are sufficient to require a maintenance thinning. Maintenance activities such as pine needle raking and ladder fuel removal shall be conducted on a yearly basis. However, circumstances such as drought and bark beetle mortality can cause a property to deviate from these standards and become non-compliant. Should a property not be maintained or otherwise become non-compliant, the property owner will be notified to correct the problem and be given a timeframe for coming back into compliance. Should compliance not be obtained in the established timeframe, the property shall be designated non-compliant and the landowner of record will be assessed a
fine, increase in billing, or other penalties that are in effect until such time as the property is again in compliance.
So, it sounds like you could be called out-of-compliance under "special circumstances"
Thanks for the lookup
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