TOXIC WASTE BUSINESS OPERATING IN RESIDENTIAL ZONE

Mr. Mayor and City Councilors,

A hazardous waste business being run blatantly out of a house in our neighborhood is being ignored by the city. For example, there are multiple vehicles and a huge trailer associated with this business parked on the street. The business representative told codes that his box truck is a 1-ton Chevy 3500 model. But that Model 3500 is a pickup, and the resident’s vehicle is a truck chassis with a huge box on the back (see attached photo).  Only 1-ton vehicles are permitted. The business also has an industrial-type trailer (at least 18 feet, I would say) with high sides and a fifth-wheel type hookup, and a dual-wheel fifth-wheel pickup to pull it (see attached photos). The resident absurdly claims these are for business AND personal use.

Emblazoned on the side of the box truck is the word “biohazard” (see attached photo)

Codes apparently is okay with this.

There are multiple apparent violations associated with this business. Nevertheless, these basic ones should be decisive: (1) a home occupation must be compatible with the neighborhood and (2) there shall be no change in the outside appearance of the building or premises.

I do not know whether there are hazardous materials or residue inside the subject property, the box truck, or the trailer. Shortly after I wrote to the city about this problem, I saw people moving things around in the garage, as if they may have been tipped off. Do they have another location for storing business-related items or is their house the only place?

There is a link below to the hazardous waste business web site listing its address as a house at 743 Indian Hollow and showing a photo of the box truck and signage and also a link to the applicable ordinance. The web site says they clean up blood.

Will the city enforce its ordinance against this blatant and grievous zoning violation? 

This type of commercial/industrial intrusion into our R-1 neighborhood will destroy it.

Mr. Mayor and Councilor Flores, I have been to your neighborhoods, and I am sure you would not tolerate it there.

William Beerman

See previous correspondence to Mr. Nichols below.

PS I know codes is aware of the business because I saw entries in the city records.

——– Original Message ——–

Subject:Fwd: TOXIC WASTE BUSINESS OPERATING IN RESIDENTIAL ZONE
Date:2023-04-06 14:13
From:[email protected]
To:Larry Nichols <[email protected]>

Hello Mr. Nichols,

I don’t believe you responded to my December 12 email below. The problem I discussed persists.

https://library.municode.com/nm/las_cruces/codes/land_development_code?nodeId=PTIIIDECO_CH38ZO_ARTVISPPR_S38-52HOOCBURE

The introduction to the ordinance states:

Purpose and intent. The purpose of a home occupation business registration is to allow a home occupation that is compatible with the neighborhood. The specific intent of a home occupation business registration is to:

1. Protect residential areas from any negative impacts associated with home occupations.

City Ordinance 38-52 states that businesses in a residential zone may be allowed in some cases if they conform to the requirements of the ordinance. The requirements include among others that the business does not cause any change in the appearance of the neighborhood; there are no signs; no toxic materials stored; and no truck larger than 1 ton.  There are concerns about all of these issues and others.

Will you kindly let me know if the city intends to enforce Ordinance 38-52 at 743 Indian Hollow Road?

WILLIAM BEERMAN

——– Original Message ——–

Hello Mr. Nichols,

Some time ago when Gabe Vasquez was still on city council, he made a comment that if a resident wants to start an oil change-business in his driveway, the resident should be allowed to because, according to Vasquez, this would encourage entrepreneurship.

I cannot check every initiative of the city council or planning and zoning commission regarding the complicated and voluminous zoning laws, but I wonder, can you tell me, is the city moving to end the city’s traditional R-1 residential zoning protections?

We have a business displaying on its advertising website the address of 743 Indian Hollow Road, which is a residential street.  See link.  (10) Southwest Bioclean LLC | Facebook

Of all things, this is a self-declared “biohazard” business.

As of yesterday, an industrial-sized trailer was parked outside with a load heaped on it rising above the siderails. Further up the street was the box truck shown on the website, which certainly is larger than 1-ton. It seems the truck has been parked there for many months, during which time the trailer also appeared intermittently and often. The word “Biohazard” is emblazoned on the side of the truck.

It seems four or five vehicles are associated with this residence. The residence itself has multiple waste containers, a broken wooden pallet, some type of appliance such as a dishwasher, longstanding holes dug in the yard, and other eyesores visible from the street. This disorder does not inspire confidence in a “cleanup” business.

Until very recently, the truck had expired plates from about 2 years ago, and the trailer was not attached to a vehicle, as required by ordinance. Since then these issues have been corrected; I wonder if someone from codes is coaching the business owner?

Anyone driving through the neighborhood shopping for a house to live in or invest in would rule out the neighborhood immediately upon discovering the scene on Indian Hollow Drive. They would possibly go explore the Sierra Norte Development properties, for example. This causes the lawful residents financial damage in the form of property value depreciation.

Is this how the city protects the residents of the Foothills neighborhood? I hope not. Some already think the codes department is lax, but this is beyond the pale. At this point, I have confidence that you will correct this problem.

Cordially,

WILLIAM BEERMAN

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