Unless the conditions of a property appearing to be a nuisance occur
as part of a permitted use of a property under the Sustainable Land
Development Code (SLDC), and only to the extent that such use is in
compliance with the requirements of all county ordinances and the
development permit for the property, each of the following conditions
existing on any parcel of real property within the county shall be
deemed and declared to constitute a public nuisance and is prohibited:
Abandoned or inoperable motor vehicle.
Abandoned, inoperable or extensively damaged motor vehicles
which are located within the county on any private lot, tract, or
parcel of land, or portion thereof, occupied or unoccupied, improved
or unimproved, which are visible from any public place, including
but 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, unless the vehicles
are located on the premises of a business where an activity is within
the contemplated purposes of a licensed business with the appropriate
zoning or permitted use, such as a licensed salvage yard or vehicle
demolisher. Vehicles that are at least thirty-five (35) years old
and are being actively restored for their historic value are not included
in the definition of abandoned or inoperable motor vehicles. Non-antique
vehicles that are either inoperable or extensively damaged and are
being actively repaired with repairs completed within 180 days are
not included in the definition of inoperable vehicles.
(1)
A motor vehicle will be considered "abandoned" if it 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
thirty (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.
(2)
A motor vehicle will be considered "inoperable" if it cannot
be safely operated or if it is incapable of being moved under its
own power or if it may not be legally operated due to lack of any
legal requirement, including, but not limited to, a current license
tag.
Criminal activity.
Any parcel of real property, commercial or residential, any
personal property, or any vehicle on or in which repeated violations
of the state criminal statutes, federal criminal statutes, or local
ordinances has occurred, or that is the subject of or that has been
involved with repeated calls for service to any law enforcement agency(ies)
for violations of the criminal statutes, including, but not limited
to, a repeated pattern of calls for service and complaints of vagrants,
suspicious persons, suspicious cars, general calls for welfare checks,
disorderly conduct, trafficking of controlled substances, human trafficking,
domestic violence, domestic altercations, domestic disputes, loud
parties, loud music, neighborhood complaints, noise ordinance violations,
illegal gambling, cruelty to animals, and public drunkenness.
Excessive vegetation or invasive or nuisance plants and weeds.
Excessive vegetation or invasive or nuisance plants or weeds
that threaten public health or safety, such as plants or weeds that
obstruct the view or access of any public right-of way. Such nuisances
may be any natural vegetation, or any noxious plants or weeds recognized
as such by the United States or New Mexico Department of Agriculture.
General nuisances.
The accumulation, collection, dumping, or stockpiling of
any garbage, trash, litter, debris, rubbish, tires, appliances, junk,
or other material.
Groundwater pollution.
Addition of any chemical and/or biological substance that
would cause groundwater to be unpalatable or unfit for human consumption.
These substances include but are not limited to the chemical and/or
biological substances listed in state law.
Holes and openings.
Any hole or opening caused by an improperly abandoned cistern,
septic tank, dug well, etc.; or any improperly abandoned, barricaded
or covered up excavation.
Insect and rodent infestation or harborage.
The infestation or harborage of insects or rodents constitutes
a nuisance. Infestation occurs when the presence of any insects or
rodents is of such kind or in such numbers as to create a potential
health hazard. Harborage is any condition which provides shelter or
protection for insects and rodent which favors their multiplication
and continued existence in, under, or outside of a building or structure,
such as the accumulation of water, refuse, animal wastes, garbage,
or trash that provides shelter or protection for insects or rodents.
Interference with a watercourse or wetland.
The placement or depositing of any materials in a watercourse
or wetland, including but is not limited to, dirt, gravel, rocks,
construction material, garbage, refuse, wood, tires or concrete, except
to the extent that such placement or depositing has been duly permitted
by a federal, state, or local government with authority.
Mechanical equipment, trailers, construction equipment, mobile
homes, and recreational vehicles.
The presence of abandoned or inoperable mechanical equipment,
trailers, construction equipment, mobile homes or other commercial
or recreational vehicles or equipment; or the parking, keeping or
storing of any inoperative or unlicensed trailers, recreational vehicle
or motor home which is in a state of disassembly, disrepair, stripping
or dismantling.
Open storage.
The presence of garbage, trash, litter, debris, rubbish or
junk which has fallen or spilled out of storage or collection containers
meant for the same, or the failure to visually screen a collection
area for outdoor garbage or trash storage by a solid wall or fencing
to the extent required by county ordinance.
Toxic and hazardous materials.
Any chemical and/or biological material that is stored, used,
or disposed of in such quantity or manner that is, or has the potential
to create, a health hazard.
Unclean fill material.
The dumping or stockpiling of unclean fill material is prohibited.
"Unclean fill" material includes contaminated soil, rock, and concrete,
wood, plastic, insulation, metal, wire, broken/damaged piping, and
general trash. Unclean fill material creates a public nuisance and
potential safety hazard, and can adversely impact the environment.
Clean fill material may be dumped or stockpiled as part of an approved
use under the SLDC or as part of a permitted project. Clean fill includes
broken concrete, brick, rock, stone, glass, reclaimed asphalt pavement,
or soil that is uncontaminated, meaning the fill has not been mixed
with any waste other than the foregoing and has not been subjected
to any known spill or release of chemical contaminants, including
petroleum product, nor treated to remediate such contamination; reinforcement
materials which are an integral part, such as rebar, may be included
as clean fill; clean fill must be free of other solid waste, to include
land clearing debris, construction and demolition debris, municipal
solid waste, radioactive waste, hazardous waste or special waste.