Lawsuits continue over Sahara Apartments
ALAMOGORDO – The City of Alamogordo is scheduled to head back to court over two lawsuits pertaining to the Sahara Apartments, located at 2405 Cuba Ave.
On July 11, 2010, residents of the Sahara Apartments were evacuated by emergency personnel after the property was flooded during a heavy rainstorm. On July 13, 2010 the apartment manager submitted photos of the damaged apartments to the city and requested an inspection to determine if the flooding had rendered the apartments unsafe to occupy. The inspection was performed on July 14, 2010 and the property was found to be in violation of nine sections of the 2006 International Property Maintenance Code. According to a report by Code Enforcement Manager, Lora Nelson, based upon the findings in the inspection the structure was declared to be unfit for human occupancy.
The property is on Cuba Avenue and runs from 25th Street to 23rd Street and consists of five full lots and two partial lots.
Nelson's report stated the city has attempted to gain voluntary compliance since August 2010 and that complaints began coming in from neighbors concerning the property including odors, roach and rodent infestation, vagrant population and a deterioration of the entire neighborhood due to the condition of the Sahara Apartments.
In December 2014 and July 2015, the structure at 2401 Cuba Ave. caught fire causing further damages to the property. According to Nelson's report, the fire in December 2014 was found to be caused by transients squatting in the structure and the July 2015 fire was caused by vandalism.
On Aug. 11, 2015, the City Commission declared the Sahara Apartments as ruined, damaged and dilapidated and a menace to the public comfort, health, peace or safety and ordered its abatement. According to 12th Judicial District Court records the City of Alamogordo served Karen Kreiger, the current owner of the Sahara Apartments, with an order to remove the buildings on her property or suffer their removal by the city. Kreiger appealed the order on Sept. 24, 2015.
The City's estimated cost for demolition is $191,400. The case is scheduled to go before 12th Judicial District Judge Jerry Ritter Jr. Aug. 11 at 4 p.m.
The second suit was filed by the City of Alamogordo against Kreiger for foreclosure of municipal liens. According to District Court records obtained by the Daily News, the city filed a lien with the Otero County Clerk's Office on Nov. 29, 2010 for weed abatement, on Nov. 30, 2011 for weed abatement, on Dec. 19, 2012 for weed abatement and on Oct. 23, 2014 for unpaid charges for water and sewer services. The total amount due and payable on said liens as of Oct. 31, 2014 is a total of $13,812.62, according to records.
The second case was scheduled to be heard by 12th Judicial District Judge James Counts on July 8 but was granted a continuance.
"I have an update on the Sahara Apartments, unfortunately they're not great updates because we're stalled," said Acting City Manager Maggie Paluch during the City Commission meeting July 26. "There are two cases associated with the Sahara Apartments. The first is a lien case, which was continued and a new trial date has not been set. The second case is the dilapidated structure case, which is set for Aug. 11, however we feel this case may be continued as well since the lien case was continued. We're in a holding pattern with that, unfortunately."