[HISTORY: Adopted by the Board of County Commissioners of Otero County 4-15-2003 by Ord. No. 03-08; amended in its entirety 4-8-2025 by Ord. No. 25-03. Subsequent amendments noted where applicable.]
STATE LAW REFERENCES
Counties; powers; ordinances — See NMSA 1978, § 4-37-1 et seq.
Enforcing county ordinances; jurisdiction — See NMSA 1978, § 4-37-3.
Nuisances and offenses; regulation or prohibition — See NMSA 1978, § 3-18-17.
Motor vehicle definitions — See NMSA 1978, § 66-1-4.8C.
Abatement of a public nuisance — See NMSA 1978, 30-8-8.
Notification forms; copies; resale of salvaged vehicle or motor vehicle — See NMSA 1978, § 66-3-115.
Disposal of abandoned vehicle or motor vehicle — See NMSA 1978, § 66-3-121.
Licensing of dealers and wreckers — See NMSA 1978, § 66-4-1 et seq.
Storage provisions for historical or special interest vehicles — See NMSA 1978, § 66-11-3.
A. 
This chapter shall be known and cited as the Otero County Junked Vehicle Ordinance.
B. 
This chapter applies to all residents, businesses, visitors and transients within Otero County, New Mexico, and does not exclude any individual, group, organization, agency, business, visitor, transient or other person not residing within the County who may be in violation of this chapter within the County.
C. 
The Board of County Commissioners has determined, pursuant to NMSA 1978, § 4-37-1 et seq. and § 3-18-17 (A), that in the interest of public health, safety and welfare, the possession, location and disposal of junked vehicles within Otero County should be regulated by this chapter.
D. 
This chapter hereby repeals and supersedes Otero County Ordinance No. 91-03 and No. 03-08 and all previous ordinances and/or parts of ordinances dealing with the same subject matter.
For the purpose of this chapter, the following terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and works in singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ABANDONED VEHICLE
A vehicle or motor vehicle that has been determined by a New Mexico law enforcement agency;
A. 
To have been left unattended on either public or private property for at least 30 days;
B. 
Not to have been reported stolen;
C. 
Not to have been claimed by any person asserting ownership; and
D. 
Not to have been shown by normal record checking procedures to be owned by any person.
COLLECTOR
An individual, association, corporation, partnership, or other legal entity which buys or otherwise acquires, maintains, shows, restores, sells, dismantles, or otherwise disposes of antique or special interest vehicles for purpose of maintaining one or more antique and/or special interest vehicles for reasons of historical interest, provided that such collector has registered as such with Otero County Administrator's Office.
HISTORICAL OR SPECIAL INTEREST VEHICLE
A vehicle of any that, because of its significance, is being collected, preserved, restored or maintained by a collector as a leisure pursuit.
JUNKED VEHICLE
Any motor vehicle, other than an historic or special interest vehicle, as defined in NMSA 1978, § 66-1-4.8C, which:
A. 
Is dilapidated or has been abandoned;
B. 
Is inoperable;
C. 
Has been continuously inoperative for a least 120 days or have been wrecked, dismantled, or partially dismantled;
D. 
Does not bear a valid, unexpired license plate; and/or
E. 
Does not meet minimum safety standards for operation on the public streets and highways of the State of New Mexico.
OCCUPANT
The individual, association, corporation, partnership, or other legal entity legally in possession of the premises where a junked vehicle is located.
SHERIFF
The Otero County Sheriff who is designated by this chapter to enforce its provisions. The Sheriff may designate an agent and/or Deputy Sheriff or Sheriffs for the purpose of enforcing the provisions of this chapter who shall have all of the authority of the Sheriff under this chapter.
A. 
Pursuant to NMSA 1978, § 4-37-1, et seq. and § 3-18-17(A), the Board of County Commissioners of Otero County finds and declares that junked vehicles which are located within the County on any private or public lot, tract, parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved, and which are visible from any public place, including by not limited to public rights-of-way, parks, public buildings and their grounds, and private business or commercial property open to the public in the normal course of business, are detrimental to the safety and welfare of the general public. Such junked vehicles reduce the value of private property, invite vandalism, constitute fire hazards, and are attractive nuisances, posing a threat to the health and safety of children. Junked vehicles are detrimental to the economic development of the County.
B. 
In view of these findings and determinations, the Otero County Board of County Commissioners hereby declares the above-described junked vehicles to be public nuisances and further declares that it shall be unlawful to store, keep or maintain any junked vehicle in Otero County.
A. 
Upon receiving a report of the existence of a junked vehicle, either from a resident living within a one-mile radius of the alleged violation, or through the County Commissioner for the district where the violation is located, the Sheriff, their designee, or a Code Enforcement Officer may initiate and conduct an investigation to determine the validity of the complaint. If the Sheriff, their designee, or a code enforcement officer believes a violation exists that may serve a citation or a summons to the owner or occupant of the premises where the violation is located. The citation or summons shall command the occupants to appear in Magistrate Court to plead to the charge of a violation of this chapter. Any party who makes a complaint in Magistrate County must appear in that court to testify regarding the complaint he or she has filed. Failure to appear is grounds for dismissal of the complaint.
(1) 
A complaint can be reported directly to code enforcement if the resident resides within one mile of the alleged violation or to the County Commissioner representing the district where the alleged violation is located. A County Commissioner may also initiate a complaint of violations observed in their district.
(2) 
Nothing in this chapter precludes a code enforcement officer from issuing a citation or summons for suspected violations that they observe in the course of carrying out their duties.
B. 
The Magistrate Court shall have, in addition to sentencing authority for petty misdemeanors in the State of New Mexico, the authority to require:
(1) 
The occupant to reimburse the County for the costs to remove the junked vehicle.
(2) 
That failure by the occupant to remove the junked vehicle within 20 days of the appearance in court, may subject the owner or occupant to civil fine not to exceed $300.
If, within 20 days of the appearance in court, the owner or occupant removes, or causes to be removed, the junked vehicle(s), the Sheriff shall dismiss any criminal and/or civil complaint against the owner or occupant arising from the presence of junked vehicle(s).
If, within 20 days of the appearance in court, the owner or occupant neither gives his written permission for the County to remove the junked vehicle(s), the Sheriff shall remove the junked vehicle(s). The owner or occupant shall be liable to the County for the costs incurred by the County for the removal of the junked vehicle(s).
If, within 20 days of the appearance in court, the owner or occupant neither gives permission to the County to remove the junked vehicle(s) nor removes the junked vehicle(s) or causes them to be removed, the Sheriff shall cause the junked vehicle(s) to be removed from premises at the expense of the occupant. Additionally, the County Attorney may:
A. 
File a criminal complaint in the Magistrate Court, pursuant to this chapter. Upon conviction of the defendant, the Magistrate Court may impose sentence as herein provided and may defer to suspend such sentence on the condition that the defendant removes the junked vehicle(s) and pays court costs and attorney's feed incurred by the County, together with such fines and/or correction fees, as other provided for by law; or
B. 
File suit in District Court, seeking a court order, allowing the County to remove the junked vehicle(s) and dispose of them, as provided in this chapter and pursuant to NMSA 1978, § 30-8-8. The County Attorney may seek a judgment against the defendant for costs of removal, disposition, court costs and reasonable attorney's fees.
C. 
The party complaining to the Sheriff's Office or to code enforcement of the existence of a junked or abandoned vehicle, may, if dissatisfied with the determination of the County official, bring an action in the Magistrate Court or Otero County to enforce this chapter and thereby independently seek removal of the junked or abandoned vehicle. The complaining party filing in court must own property or reside at a location that is within one mile of the location of the alleged violation for which the complaint is being filed. Such actions shall be at the sole cost and expense of the person filing such action.
D. 
Any party who files a complaint in Magistrate Court must appear in that court to testify regarding the complaint he has filed. Failure to appear is grounds for dismissal of the complaint.
This chapter shall be administered by the Sheriff of Otero County and/or regularly salaried, full-time deputies of the Otero County Sheriff, except that the removal of vehicles or parts thereof from the property may be made by any person duly licensed under NMSA 1978, § 66-4-1, et seq.
Nothing contained in this chapter shall affect or be construed to prohibit the immediate removal of a vehicle left without authorization on any public or private property or which constitutes a danger or obstruction to traffic.
The Sheriff or his agent may examine vehicles or parts thereof, in connection with their investigation, to obtain information as to the ownership or identity of vehicles or owners or occupants, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
This chapter shall apply to the following vehicles:
A. 
A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property;
B. 
A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, dismantler or junk yard;
C. 
An unlicensed, operable or inoperable historical or special interest vehicles stored by a collector on his property, provided that such vehicle and the outdoor storage area(s) are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a solid fence, trees, shrubbery or other appropriate means. Such storage areas shall be kept free of weeks, trash, and other objectionable items; (NMSA 1978, § 66-11-3)
D. 
Any operable motor vehicle specifically adapted or constructed for racing operation on privately owned drag strips or raceways; or
E. 
Any motor vehicle stored on the property of a member of the Armed Forces of the United States who is on active-duty assignment outside the County.
In the event any section, clause, paragraph or provision of this chapter be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, then is such event the remainder of sections, clauses, paragraphs or provisions of this chapter shall continue in full force and effect and be interpreted as though such invalid, illegal or unenforceable provisions had never been contained herein.
Any person found to be in violation of this chapter is subject, in addition to the duty to abate the nuisance, to the penalties as follows:
A. 
Upon the first or second violation of this chapter the offender shall be sentenced to a fine of not less than $100 nor more than $300. The minimum fine of $100 may not be suspended, deferred or taken under advisement. The court may, in its discretion, suspend the remainder of the fine.
B. 
Upon the third or subsequent violation of this chapter, the offender shall be sentenced to a fine of not less than $300, which may not be suspended, deferred or taken under advisement.
C. 
After four violations in a 12-month period, an offender may be charged as an aggravated offender and shall be sentenced to a fine of not less than $300, which may not be suspended, deferred or taken under advisement and may also be sentenced to imprisonment for up to 90 days.
D. 
Where the complaint alleges a violation of this chapter, any plea of guilty or nolo contendere thereafter entered in satisfaction of the charges shall include at least a plea of guilty or nolo contendere to a violation of this chapter and no other disposition by plea of guilty or nolo contendere to any other charge shall be authorized.
E. 
As an additional remedy to the penalties set forth in this chapter, the violation of any provision of this chapter may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
F. 
Prosecution of violations under this chapter may be commenced by the issuance of a citation charging the violation and may be issued by code enforcement officer of the county or employees authorized by the BOCC to issue such citations.
This chapter shall be effective 30 days following its recordation in the Otero County Clerk's Office, which shall occur following its approval by the Board of County Commissioners, as provided for by law.