If the governing body of the municipality or county does not perform a duty imposed under the Development Fees Act within the prescribed period, a person who has paid an impact fee or an owner of land on which an impact fee has been paid has the right to present a written request to the governing body of the municipality or county stating the nature of the unperformed duty and requesting that it be performed within sixty days after the date of the request. If the governing body of the municipality or county finds that the duty is required under the Development Fees Act and is late in being performed, it shall cause the duty to commence within sixty days after the date of the request and continue until completion.
History: Laws 1993, ch. 122, ยง 38.
Structure New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 8 - Land Development Fees and Rights
Section 5-8-3 - Authorization of fee.
Section 5-8-4 - Items payable by fee.
Section 5-8-5 - Items not payable by fee.
Section 5-8-6 - Capital improvements plan.
Section 5-8-7 - Maximum fee per service unit.
Section 5-8-8 - Time for assessment and collection of fee.
Section 5-8-9 - Additional fee prohibited; exception.
Section 5-8-10 - Agreement with owner regarding payment.
Section 5-8-11 - Collection of fees if services not available.
Section 5-8-12 - Entitlement to services.
Section 5-8-14 - Requirement for governmental entities to pay fees.
Section 5-8-15 - Credits against facilities fees.
Section 5-8-16 - Accounting for fees and interest.
Section 5-8-18 - Compliance with procedures required.
Section 5-8-19 - Hearing on land use assumptions.
Section 5-8-20 - Information about assumptions available to public.
Section 5-8-21 - Notice of hearing on land use assumptions.
Section 5-8-22 - System-wide land use assumptions.
Section 5-8-23 - Capital improvements plan required after approval of land use assumptions.
Section 5-8-24 - Hearing on capital improvements plan and impact fee.
Section 5-8-25 - Information about plan available to public.
Section 5-8-26 - Notice of hearing on capital improvements plan and impact fee.
Section 5-8-27 - Advisory committee comments on capital improvements plan and impact fees.
Section 5-8-28 - Approval of capital improvements plan and impact fee required.
Section 5-8-29 - Consolidation of land use assumptions and capital improvements plan.
Section 5-8-30 - Periodic update of land use assumptions and capital improvements plan required.
Section 5-8-31 - Hearing on updated land use assumptions and capital improvements plan.
Section 5-8-34 - Advisory committee comments on amendments.
Section 5-8-35 - Approval of amendments required.
Section 5-8-37 - Advisory committee.
Section 5-8-38 - Duties to be performed within time limits.
Section 5-8-39 - Records of hearings.
Section 5-8-40 - Prior impact fees replaced by fees under Development Fees Act.
Section 5-8-41 - No effect on taxes or other charges.