For the purposes of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To bring to a halt, eliminate or, where that is not possible or feasible, to suppress, reduce, and minimize.
BUILDING. A structure, as defined herein, which is enclosed with walls and a roof so that there are no sides left open.
CLOSE, TO CLOSE, or CLOSURE. To remove all owners, tenants, occupants and other persons and animals from the real property, vehicle, or personal property, or a specified discrete portion thereof, and to lock, board, bar, or otherwise close and prohibit all entry, access, and use of the real property, vehicle, or other personal property, or a specified discrete portion thereof, except such access and use as may be specifically ordered by the court for purposes of inventory, maintenance, storage, security, and other purposes.
CONTRABAND. Any personal property which is illegal to own.
CRIME PREVENTION STANDARDS. Standards promulgated by the Mayor's designee for the design, management and operation of a property or business that aim to prevent criminal activity.
CRIMINAL STREET GANG. Any organization, association in fact, or group of three or more persons, whether formally or informally organized, or any subgroup or affiliated group thereof, having as one of its primary activities the commission of one or more criminal acts or illegal acts, which has an identifiable name or identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of gang-related criminal activity.
FLIGHT. To flee, escape, or leave the place where the public nuisance activity was committed or conducted.
LEGAL OR EQUITABLE INTEREST OR RIGHT OF POSSESSION. Every legal or equitable interest, title, estate, tenancy, or right of possession recognized by law and equity, including freeholds, life estates, future interests, condominium rights, time-
share rights, leaseholds, easements, licenses, liens, deeds of trust, contractual rights, mortgages, security interests, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing.
MAYOR'S DESIGNEE. The person(s) or entity(ies) appointed by the Mayor to enforce this ordinance.
PARCEL. Any lot or other unit of real property or any combination of contiguous lots or units owned by the same person as defined herein.
PERSON. Natural persons and every legal entity whatsoever, including sole proprietors, corporations, limited liability companies, partnerships, limited partnerships, and associations.
PERSONAL PROPERTY. All property of every kind and nature whatsoever including cash, vehicles, animals, intangible property and contraband, but not including real property of any kind.
PROPERTY. Property of all kinds, including real property and personal property as defined herein.
PUBLIC NUISANCE.
(A) Any parcel of real property, commercial or residential, any personal property, or any vehicle on or in which any of the following illegal activities occurs, or which is used to commit, conduct, promote, facilitate, or aid the commission of or flight from any of the following activities. For purposes of this section, the illegal activity shall have the same definition as that contained in the section of the New Mexico Statutes Annotated (NMSA), as amended, or Chapter 12, the Criminal Code of the Revised Ordinances of Albuquerque, New Mexico, 1994, as amended, listed after the illegal activity:
(1) Prostitution, 30-9-2 NMSA; patronizing prostitutes, 30-9-3 NMSA; promoting prostitution, 30-9-4 NMSA; or accepting earnings of a prostitute, 30-9-4.1 NMSA; or
(2) Sexual exploitation of children by prostitution, 30-6A-4 NMSA; or
(3) Sexual exploitation of children, 30-6A-3 NMSA; or
(4) Trafficking in controlled substances, 30-31-20 NMSA; distributing controlled substances to a minor, 30-31-21 NMSA; distribution of a controlled substance, 30-31-22 NMSA; possession of a controlled substance, 30-31-23 NMSA; distributing a counterfeit controlled substance, 30-31-22B NMSA; distributing, manufacture, or possession of an imitation controlled substance, 30-31A-4 NMSA; sale of an imitation controlled substance to a minor, 30-31A-5 NMSA; or
(5) Unlawful possession, delivery, manufacture or delivery to a minor of drug paraphernalia, 30-31-25.1 NMSA; or
(6) Receiving stolen property, 30-16-11 NMSA; or
(7) Commercial gambling, 30-19-3 NMSA; permitting premises to be used for gambling, 30-19-4 NMSA; dealing in gambling devices, 30-19-5 NMSA; or
(8) Disorderly conduct, 30-20-1 NMSA and § 12-2-5 ROA 1994; or
(9) Unlawful carrying of a deadly weapon, 30-7-2 NMSA and § 12-2-8 ROA 1994; unlawful possession of a handgun, 30-7-2.2 NMSA; negligent use of a weapon, 30-7-4 NMSA and § 12-2-9 ROA 1994; unlawful possession of a switchblade, 30-7-8 NMSA and § 12-2-10(A) ROA 1994; receipt, transportation or possession by a felon of a firearm or destructive device, 30-7-16 NMSA; unlawful possession, transfer or sale of weapons, § 12-2-10 ROA 1994; or
(10) Dangerous use of explosives, 30-7-5 NMSA; negligent use of explosives, 30-7-6 NMSA; unlawful sale, possession or transportation of explosives, 30-7-7 NMSA; possession of explosives, 30-7-19 NMSA; possession of explosive device or incendiary device, 30-7-19.1 NMSA; or
(11) Any criminal activity by a criminal street gang as defined herein; or
(12) Shooting at a dwelling or occupied building or shooting at or from a motor vehicle, 30-3-8 NMSA; or
(13) Selling, serving, giving away, disposing of, exchanging, delivering, procuring, possessing or permitting the sale of alcoholic beverages to, for or by any person under lawful age or to an intoxicated person, 60-7A-16 and 60-7B-1 NMSA; using property to provide, offer or permit the consumption of intoxicating liquors by three or more persons who are under the age of twenty-one without their parent’s or guardian’s knowledge or consent or the order of a practicing physician, or as part of a religious ceremony, or failing to use reasonable control and ordinary care to keep persons under the age of twenty-one from consuming intoxicating liquors on one’s property, § 11-11-5 ROA 1994; or
(14) The sale of alcoholic beverages at any place other than a valid (not suspended or revoked) licensed premises, 60-7A-4.1 NMSA; or the unlawful manufacture of alcoholic beverages, 60-7A-7 NMSA; or
(15) The unlawful transportation or storage of any property that is the subject of a felony theft, misdemeanor theft, or theft by receiving under Chapter 30, Article 16 NMSA; or
(16) The storage or concealment of weapons or tools used in the commission of a violent crime or tampering with evidence, 30-22-5 NMSA; harboring or aiding a felon, 30-22-4 NMSA; or
(17) Fleeing or evading a police officer on foot or by vehicle, 30-22-1 NMSA; or escape from a peace officer, 30-22-10 NMSA; or
(18) Dog fighting, 30-18-9 NMSA; or
(19) Assault upon a peace officer, 30-22-21 NMSA; aggravated assault upon a peace officer, 30-22-22 NMSA; assault with intent to commit a violent felony upon a peace officer, 30-22-23 NMSA; battery upon a peace officer, 30-22-24 NMSA; aggravated battery upon a peace officer, 30-22-25 NMSA; assisting in assault upon a peace officer, 30-22-26 NMSA; disarming a peace officer, 30-22-27 NMSA; or
(21) Murder, 30-2-1 NMSA; or
(22) Manslaughter, 30-2-3 NMSA; or
(23) Incidents of assault, 30-3-1 NMSA; or
(24) Aggravated assault, 30-3-2 NMSA; or
(25) Assault with intent to commit a violent felony, 30-3-3 NMSA; or
(26) Battery, 30-3-4 NMSA; or
(27) Aggravated battery, 30-3-5 NMSA; or
(28) Shooting at a dwelling or occupied building; shooting at or from a motor vehicle, 30-3-8 NMSA; or
(29) Assault against a household member, 30-3-12 NMSA; or
(30) Aggravated assault against a household member, 30-3-13 NMSA; or
(31) Assault against a household member with intent to commit a violent felony, 30-3-14 NMSA; or
(32) Battery against a household member, 30-3-15 NMSA; or
(33) Aggravated battery against a household member, 30-3-16 NMSA; or
(34) Harassment, 30-3A-2 NMSA; or
(35) Stalking, 30-3A-3 NMSA; or
(36) Aggravated stalking, 30-3A-3.1 NMSA; or
(37) Kidnapping, 30-4-1 NMSA; or
(38) Criminal use of ransom, 30-4-2 NMSA; or
(39) False imprisonment, 30-4-3 NMSA; or
(40) Custodial interference, 30-4-4 NMSA; or
(41) Abandonment or abuse of a child, 30-6-1 NMSA; or
(42) Contributing to the delinquency of a minor, 30-6-3 NMSA; or
(43) Obstruction of reporting or investigation of child abuse or neglect, 30-6-4 NMSA; or
(44) Unlawful carrying of a firearm in a licensed liquor establishment, 30-7-19.1 NMSA; or
(45) Possession of explosives, 30-7-19 NMSA; or
(46) Possession of explosive device or incendiary device, 30-7-19.1 NMSA; or
(47) Facsimile or hoax bomb or explosive, 30-7-20 NMSA; or
(48) False report, 30-7-21 NMSA; or
(49) Interference with bomb or fire control, 30-7-22 NMSA; or
(50) Incidents of littering, 30-8-4 NMSA; or
(51) Enticement of a child, 30-9-1 NMSA; or
(52) Accepting earnings of a prostitute, 30-9-4.1 NMSA; or
(53) House of prostitution; public nuisance, 30-9-8 NMSA; or
(54) Criminal sexual penetration, 30-9-11 NMSA; or
(55) Criminal sexual contact, 30-9-12 NMSA; or
(56) Criminal sexual contact of a minor, 30-9-13 NMSA; or
(57) Aggravated indecent exposure, 30-9-14.3 NMSA; or
(58) Criminal trespass, 30-14-1 NMSA; or
(59) Breaking and entering, 30-14-8 NMSA; or
(60) Criminal damage to property, 30-15-1 NMSA; or
(61) Unauthorized graffiti on personal or real property, 30-15-1.1 NMSA; or
(62) Larceny, 30-16-1 NMSA; or
(63) Robbery, 30-16-2 NMSA; or
(64) Burglary, 30-16-3 NMSA; or
(65) Aggravated burglary, 30-16-4 NMSA; or
(66) Possession of burglary tools, 30-16-5 NMSA; or
(67) Receiving stolen property, 30-16-11 NMSA; or
(68) Shoplifting, 30-16-19 NMSA; or
(69) Cruelty to animals, 30-18-1 NMSA; or
(70) Unlawful assembly, 30-20-3 NMSA; or
(71) Attempt to commit a felony, 30-28-1 NMSA; or
(72) Conspiracy, 30-28-2 NMSA; or
(73) Solicitation, 30-28-3 NMSA; or
(74) Public nuisance, 30-8-1 NMSA; or
(75) Violations of the New Mexico Liquor Control Act, 60-3A-1, et seq. NMSA, and 60-7A-1, et seq. NMSA; or
(77) Violations of the City of Albuquerque Fire Codes, § 14-2-1 ROA 1994; or
(78) Violations of the City of Albuquerque’s Abandoned or Inoperable Vehicle Ordinance, § 8-5-2-0 to § 8-5-2-99 ROA 1994; or
(79) Violations of the City of Albuquerque's Humane and Ethical Animal Rules and Treatment (HEART) Ordinance, § 9-2-2-2 ROA 1994, Housing and Restraint Standards for Mammals and Birds Kept on Residential Property; or
(80) Violations of the City of Albuquerque's Humane and Ethical Animal Rules and Treatment (HEART) Ordinance, § 9-2-4-7 ROA 1994, Animal Noise; or
(81) Violations of the City of Albuquerque's Humane and Ethical Animal Rules and Treatment (HEART) Ordinance, § 9-2-4-8 ROA 1994, Animal Fights; or
(89) Violations of the City of Albuquerque's Integrated Development Ordinance, § 14-16-4-2 ROA 1994; or
(90) Driving under the influence of intoxicating liquor or drugs, 66-8-102 NMSA; or
(91) Unlawful removal and diminution of services, 47-8-36 NMSA.
(B) A public nuisance shall include and is further defined as any parcel of real property, commercial or residential, that is the subject of or that has been involved with calls for service to any law enforcement agency(ies) for violations of the criminal statutes cited in § 11-1-1-3(A) defining public nuisance and shall include a repeated pattern of calls for service and complaints of vagrants, suspicious persons, suspicious cars, general calls for welfare checks, disorderly conduct, domestic violence, domestic altercations, domestic disputes, loud parties, loud music, neighborhood complaints, noise ordinance violations, and public drunkenness and shall be subjected to the imposition of penalties for public nuisance as provided by § 11-1-1-11 ROA 1994.
(C) A public nuisance shall include and is further defined as any building or structure, commercial or residential, that has unsecured doorways or window openings or holes in the exterior of the building or structure that permit the entry of unauthorized persons and is without a legally responsible party immediately available to take possession of or secure the structure.
REAL PROPERTY. Land and all improvements, buildings, and structures, and all estates rights and interests, legal and equitable, in the same, including all forms of ownership and title, future interests, condominium rights, time-share rights, easements, water rights, mineral rights, oil and gas rights, space rights, and air rights.
RELOCATION AGENCY. Those employees of the Department of Family and Community Services responsible for implementing the provisions of Ordinance 21-2007 (§ 14-3-5-16 ROA 1994).
RELOCATION COSTS. The expenses reasonably incurred by a resident displaced from a residential building pursuant to action of the City of Albuquerque. Relocation costs shall be $2,000 per family unless the resident can demonstrate special circumstances that make the relocation cost a greater amount. If special circumstances are demonstrated, relocation costs may include the actual cost of physically moving to a residential building approved by the relocation agency (the "replacement unit"); costs of moving to a location outside of the immediate area; any security/damage deposit required by the replacement unit owner which exceed the amount of the security/ damage deposit recovered from the owner of the building the resident is moving from; utility deposits and hook up cost and the rent for the first month; costs of moving back to the residential building originally vacated after housing code compliance; and any other reasonable relocation costs.
RENTAL AGREEMENT. Any written or oral agreement allowing occupancy of a residential building by a resident.
RESIDENT. One or more people entitled under a rental agreement to occupy all or a portion of a residential building to the exclusion of others and who actually reside(s) at such location.
RESIDENT REMOVAL. The removal of resident(s) from their residential building as a result of an action filed by the City of Albuquerque under the authority of § 11-1-1-21 ROA 1994, or a comparable proceeding authorized by ordinance, statute or common law, to abate a nuisance resulting in the closure, receivership, sale or destruction of the residential unit.
RESIDENTIAL BUILDING. A building or portion thereof designed or used for human habitation.
STRUCTURE. Anything constructed, erected, or placed upon real property which is so firmly attached to the land as to be reasonably considered part of the real estate, and includes buildings of every type and nature whatsoever.
TENANT. Any person who uses, resides in, or occupies property identified as a public nuisance, regardless of whether the tenant has the consent of the owner to use, reside, or occupy the property.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Ord. 19-2001; Am. Ord. 72-2005; Am. Ord. 21-2007; Am. Ord. 2023-016; Am. Ord. 2023-016)