[HISTORY: Adopted by the City Council of the City of Las
Vegas 12-19-1984 by Ord. No. 73-20; amended in its entirety 10-11-2023 by Ord. No.
23-08. Subsequent amendments noted where applicable.]
This chapter is called and may be cited as the "Nuisances Code Ordinance" for the Municipality of Las Vegas, New Mexico (the "City"). The abatement of public nuisances for the protection of public health, safety and welfare is a matter of local concern. The purpose of this Chapter 301 is to abate public nuisances. The actions provided in Chapter 301 are designed to abate public nuisances by removing the property, both real and personal, from criminal and unsafe use, to make property owners vigilant in preventing public nuisances on, in or using their property and responsible for the lawful use of their property by tenants, guests and occupants, and to deter public nuisances.
In the construction of the Nuisances Code Ordinance, the following
definitions and rules of construction shall be observed, unless it
shall be otherwise expressly provided in any section of this chapter,
or unless inconsistent with the manifest intent of this chapter:
A City employee who is charged with carrying out and enforcing
provisions of the City Code, including but not limited to the provisions
of this chapter.
Every legal or equitable interest, title, estate or right
of possession recognized by law and equity, including without limitations
freeholds, life estates, future interests, condominium rights, time-share
rights, leaseholds, easements, licenses, liens, deeds of trust, contractual
rights, mortgages, security interests, real estate contract, and any
right or obligation to manage or act as agent or trustee for any person
or entity holding any of the foregoing.
Includes any person that holds record title or an interest
in or to the property and any person entitled under any agreement
to the control or direction of the management or disposition of the
building or premises where the violation in question occurs.
Any human being or legal entity, whether incorporated or
unincorporated.
"Shall" is mandatory, and "may" is permissive.
That which is commonly discarded as waste; or which, if discarded
on the ground, will create or contribute to an unsanitary, offensive
or unsightly condition. Refuse includes, but is not limited to, the
following items or classes of items: waste food; wastepaper and paper
products; cans, bottles, or other containers; junked household furnishings
and equipment; junked parts or bodies of automobiles and other metallic
junk or scrap; portions or carcasses of dead animals; and collection
of ashes, dirt, yard trimmings or other rubbish.
Any thoroughfare that can accommodate pedestrian or vehicular
traffic, is open to the public and is under the control of the City
of Las Vegas.
Any person or entity found guilty of violating any of the provisions
of this chapter shall be fined $500 or imprisoned for a period of
not more than 90 days, or both, and each day this chapter is violated
shall constitute a separate offense. The aforementioned $500 fine
is absolute, and no judge shall exercise discretion of said amount.
It shall be unlawful for any person or entity who is the owner, manager, tenant, lessee, occupant or other person having any legal or equitable interest or right of possession in or to any real property, motor vehicle, or other personal property ("interested person") to cause, permit, maintain, promote, facilitate, fail to prevent, or allow the creation or maintenance of a public nuisance as described in § 301-6 on such property. For purposes of this chapter, the owner of property means the person in control of the property, or the owner's representative, an agent or attorney-in-fact or power-of-attorney of the owner. Enforcement of a violation of § 301-6, and administration, supervision or performance of actions taken pursuant to this chapter shall be through the City's code enforcement division.
For the health, safety and welfare of the City residents and
visitors, it is necessary to prohibit certain activities and matters
from the public view, including without limitation the observation
of activities involving cannabis and cannabis products by persons
under 21 years of age, and the accumulation of junk, trash, used tires,
vehicle parts, certain vehicles as described below, solid waste on
property, and persons living, squatting or otherwise inhabiting a
structure without utilities within the City limits by declaring such
matters a nuisance. It shall also be unlawful to be in the possession
of or maintain a lot, building or structure that is dangerous, unsafe
or not compliant with applicable codes, if said noncompliance poses
a credible danger, fire hazard or otherwise creates a public nuisance.
The following are hereby declared to be a public nuisance:
A.
Abandoned property. Any deteriorated, wrecked, dismantled or partially dismantled, inoperable and/or abandoned property, or in unusable condition, having no value other than nominal scrap or junk value, which has been left unprotected from the elements outside of a permanent and enclosed structure. Without being so restricted this shall include deteriorated, wrecked, dismantled or partially dismantled, inoperable, or abandoned motor vehicles, abandoned mobile homes, trailers, boats, machinery, refrigerators, washing machines and other appliances, plumbing fixtures, furniture, building materials and any other similar articles or personal property in such condition. This Subsection A is not applicable to areas where such activity is within the contemplated purpose of duly licensed businesses and such property is kept in a wholly enclosed garage or structure.
B.
Breeding place for flies, rodents and/or pests. The unhealthful accumulation
or stockpiling of manure, garbage, tires, debris or discarded items
which is a potential harboring place and breeding area for insects,
rodents or other nondomesticated animals.
C.
Burning. The burning of any excrement, chemical or plastic substances,
or any liquid or substance in violation of federal or state dischargeable
substance statutes or City ordinances on any property. This includes
the burning of any tires, rubber products, asphalt shingles, plastic,
tar paper or any substance which may cause a black, hydrocarbon, toxic,
or noxious plume of smoke.
D.
Combustible materials. Any dangerous accumulation upon any property
of combustible refuse matter such as paper, sweepings, rags, grass,
dead trees, tree branches, wood shavings, wood, magazines, cardboard
and other like materials, including any flammable or volatile solvents
that may be used to manufacture cannabis products.
E.
Dead animals. For the owner of a dead animal to permit it to remain
indisposed for more than 72 hours.
F.
Disposal or dumping. The accumulation of garbage, refuse, waste,
trash, rubbish or building materials upon any property outside an
approved landfill.
G.
Dangerous buildings. Any building or other structure which is in
such a dilapidated condition that it is unfit for human habitation,
or kept in such an unsanitary or unmaintained condition that it is
a menace or danger, or potential danger, to the health of people residing
in the vicinity thereof, presents a fire hazard, or presents a danger
to adjacent or nearby properties. Any building, property or other
structure shall be considered dangerous and not habitable for purposes
of this chapter if said building, property or structure is not connected
to, able to use services from, or does not have the infrastructure
to provide, the following utilities: potable water from the City or
a functioning and producing well; electricity; solid-waste removal;
wastewater services from the City or a functioning septic system.
H.
Odors. All disagreeable or obnoxious odors or stenches, as well as
the conditions, substances or other causes which give rise to the
emission or generation of such odors and stenches, including smoke
and fires.
I.
Pollution. The pollution of any public well, stream, lake, canal,
or body of water by sewage, dead animals, dairy waste, industrial
wastes, agricultural wastes, cannabis wastes, or other substances.
Polluting water consists of knowingly or unlawfully introducing any
object or substance into any body of public water causing it to be
offensive or dangerous for human or animal consumption, or human or
animal use. Polluting water constitutes a public nuisance. For the
purpose of this section, "body of water" means any public river or
tributary thereof, stream, lake, pond, reservoir, acequia, canal,
ditch, spring, well or declared or known groundwaters.
J.
Illegal activity. Any building, structure, or other place or location
where any activity is conducted, performed or maintained in violation
of law.
K.
Any activity related to cannabis at any location where cannabis or
cannabis products are cultivated, processed, manufactured, produced,
stored, held, weighed, packaged, used, ingested, disposed or wasted
shall not create a nuisance or disturbance that can be observed or
perceived from any public place or public property, any adjacent or
nearby property, or the exterior of the structure in which said activities
are taking place, including without limitation, (i) any form of signage
not approved by the City, (ii) abnormal or unusual odors, smells,
fragrances or other olfactory stimulus, (iii) light pollution, glare
or brightness that disturbs or affects other persons or adjacent or
nearby property, or (iv) noise or vibration from ventilation fans
that disturb or affect another person or another property. The smell
or odor of cannabis or cannabis products shall not be capable of being
detected by a person with a normal sense of smell from any adjoining
or nearby lot, parcel or tract of land, or from any public right of
way, public place or public property. Any property where cannabis
is cultivated, processed, manufactured, tested, stored, held, sold,
weighed, packaged, used, disposed or wasted shall be used, operated
and maintained in such a manner in which at no time shall it constitute
a nuisance or hazard to the surrounding area, buildings, businesses
or neighborhood.
L.
Unsanitary premises. It shall be unlawful for any person to permit
or cause to remain in or on such person's premises any solid
waste, weeds, trash, rubbish, overgrown plants or trees, vehicle parts,
or other condition which is unsanitary, unmaintained or contrary to
public health or safety.
M.
Solid waste receptacles. All solid waste receptacles shall be maintained
in a clean and sanitary condition by the owner or person using the
receptacle, and such receptacles shall be located only in such places
as shall be readily accessible for removing and emptying the same,
but shall not be placed in such place or position as may constitute
a nuisance or obstruction to vehicular or pedestrian traffic.
N.
DANGEROUS BUILDING/STRUCTURE
DISMANTLED OR PARTIALLY DISMANTLED VEHICLE
INOPERATIVE OR INOPERABLE MOTOR VEHICLE
MOTOR VEHICLE
UNSAFE BUILDING/STRUCTURE
Definitions. As used in this chapter, the following terms shall have
the following meanings:
Any building or structure from which the foundation, windows,
roofs, walls, vents, floors, and/or doors are susceptible to precipitation,
insects, rodents, and vermin entering the building, or causing an
infestation that can affect the public comfort, health, peace, welfare,
or safety.
Any motor vehicle from which some part or parts which are
ordinarily a component thereof have been removed or are missing.
Any motor vehicle which by reason of dismantling, disrepair
or other cause is incapable of being propelled under its own power.
Any wheeled vehicle which is self-propelled or intended to
be self-propelled.
Any building or structure, or any part of a building or structure,
that is in an impaired condition that makes it unsafe to any person,
animal or nearby or adjacent property.
Any municipal code enforcement officer, or other person designated
by the City, upon observing any violation of this chapter shall issue
a notice to an interested person. The notice shall describe the violation
and shall provide a time limit for remedying the violation by the
interested person, which shall not be less than two days or more than
five days after notice is given by the City. The violation notice
may be served personally upon any of the aforementioned persons in
this section, by certified mail to the property's address or
posted on the property.
The first notice will be in the form of a violation notice (red tag) which will be delivered pursuant to § 301-7. The red tag will describe the violation and contain a compliance date. If the violation is not fully remedied by the stated deadline, then the City, in its sole discretion, may proceed with abatement of the violation, with the filing of a complaint in a court of law, or may issue a second red tag notice. If the violation is not fully remedied by the deadline stated in the second red tag, then the City may proceed, in the City's sole discretion, with abatement of the violation or with the filing of a complaint in a court of law. The property owner may request in writing from the Community Development Department an extension of the red tag deadline, which may be granted in the City's sole discretion. The City, in its sole discretion, may bypass the issuance of a violation notice and proceed directly to filing a complaint in a court of law.
Upon the failure to timely abate the nuisance pursuant to § 301-7, the City may proceed without notice to abate such nuisance itself.
Any and all costs incurred by the City in the abatement of a
nuisance, or for amounts or fines assessed or arising under this chapter,
shall constitute a lien against the property upon which the nuisance
existed, which lien, and its contents, shall be recorded in a form
that is substantially similar to the lien form required by NMSA 3-36-1.
The principal amount of any lien imposed by the City under this chapter
shall bear interest at the rate of 12% per annum from the date of
recording of the lien. The City, in its sole discretion, may foreclose
on the lien, sell or assign such lien, or take any other action it
deems necessary regarding the lien.
A.
Except as otherwise provided in this section, an action filed in
court for abatement shall be governed by the New Mexico Rules of Civil
Procedure.
B.
A civil action to abate a public nuisance may be brought in any court
of competent jurisdiction against any person or entity who violates
any provision of this chapter.
C.
For cases in the City's Municipal Court, a lien against real
estate may be foreclosed in the same manner that mortgages or other
liens against real estate are foreclosed with like rights of redemption.
A lien against personal property may be foreclosed in the same manner
security interests are foreclosed. At the trial of any case foreclosing
any lien, the recitals of the lien or other evidence of indebtedness
shall be received in evidence as prima facie true. In the foreclosure
of any lien created by municipal ordinance or under authority of law,
a reasonable attorney's fee shall be granted by the court as
part of the reasonable costs of the case.
D.
The City may file a criminal complaint for public nuisance in the
appropriate court as provided by New Mexico law.
E.
Pursuant to NMSA 30-8-8(B), as it may be amended, a civil action
to abate a public nuisance may be brought, by verified complaint in
the name of the state without cost, by any public officer or private
citizen, in the district court of the county where the public nuisance
exists, against any person, corporation or association of persons
who shall create, perform or maintain a public nuisance.
