Mayor asks nuisance fines be handled by judge

Tucumcari Mayor Pro Tem Robert Lumpkin Thursday asked fellow Tucumcari commissioners to consider putting decisions about penalties for failure to correct property nuisances in the hands of the municipal judge, not city officials.

Lumpkin’s remarks were part of a commission workshop before Thursday’s regular commission meeting and came on the heels of a petition filed by business owner Keith Hayes to recall all four Tucumcari city commissioners.

Hayes is the owner of Hayes Trucking in the 100 block of West Railroad Avenue, which has been fined for being strewn with unused semi-trucks, trailers, cement trucks and other heavy equipment, much of which is visibly rusting.

City commissioners and City Manager Jared Langenegger said during the workshop that the city has made numerous requests for Hayes to clean up the property with Mayor Ruth Ann Litchfield adding that city officials have been trying to get Hayes to clean up the site for 20 years.

People “should not be fined based on letters from the city,” Lumpkin said. “The fine should be a decision of the municipal judge.”

Lumpkin also urged the commissioners to work with property owners rather than impose fines.

“That $150 for a fine is money they could use to buy a lawn mower or other things they need to correct the problems,” Lumpkin said.

Commissioner Amy Gutierrez said that the time between receiving a warning to clean up their property and actually being fined for it is when a property owner should be spending the money to clean up their property.

Commissioner Ralph Moya, who was the only commissioner to vote against the current nuisance ordinance a year ago, said he will not support and defend the ordinance he opposed.

“Majority rules,” he said, adding that “I will not be intimidated by someone who doesn’t even bother to come before the commission” before petitioning for a recall election.

In the regular commission meeting that followed the workshop discussion, Langenegger read a statement that the city published on the Tucumcari Community Events Facebook page.

The statement said that while citizens have a right to petition for a recall election without stating a cause, they should keep in mind that a recall election costs between $5,500 and $7,500.

Furthermore, he said, if the election succeeds, the city must then hold another election to replace any recalled commissioners at a cost of $5,500 to $7,500.

“It is always advisable,” the statement reads, “that prior to signing a recall petition, you ensure that you understand why an official should be recalled and make your decision based off of the facts.”