(A) The remedies provided in Subpart C of this ordinance are cumulative and supplementary to the criminal penalties provided in Subpart B of this ordinance, the criminal remedies provided by any other criminal ordinance or statute, other civil remedies, and any administrative proceedings to revoke, suspend, fine, or take other action against any license. The city may pursue the remedies provided in Subpart C of this ordinance, the criminal penalties provided in Subpart B of this ordinance or other ordinances or statutes, other civil actions or remedies, administrative proceedings against a license, or any one or more of them, and may do so simultaneously or in succession.
(B) In the event that the city pursues both the criminal penalties in Subpart B, the criminal remedies provided in any other section, other civil remedies, or the remedies of any administrative action and the remedies in Subpart C, the civil actions provided in Subpart C shall not be delayed or held in abeyance pending the outcome of any proceedings in the criminal, civil or administrative action, or any action filed by any other person, unless all parties to the action under Subpart C so stipulate.
(C) All actions under Subpart C are civil and remedial in nature. All closure, receivership, sale and destruction remedies under Subpart C shall be in rem. Injunctive remedies under this section may be partly in personam.
(D) Actions under Subpart C of this ordinance shall be filed by the City Attorney for the City of Albuquerque and/or by the District Attorney for the County of Bernalillo. A private citizen, in the name of the state, may also bring an action under Subpart C.
(E) Actions under Subpart C of this ordinance shall be in accordance with the New Mexico Rules of Civil Procedure and the New Mexico Rules of Evidence.
(F) Actions under Subpart C of this ordinance may affect the use, possession, enjoyment, and title to real property. Accordingly, the city may file and record a notice of lis pendens against the real property involved.
(G) An action under Subpart C of this ordinance shall be commenced by the filing of a verified complaint or a complaint verified by an affidavit and a motion for temporary restraining order in accordance with the New Mexico Rules of Civil Procedure.
(H) The defendants to an action under Subpart C of this ordinance and the persons liable for the remedies in this section may include the property itself, any persons owning or claiming any legal or equitable interest or right of possession in the property, all tenants and occupants at the property, managers and agents for any persons owning or claiming a legal or equitable interest in the property, any persons committing, conducting, promoting, facilitating or aiding the commission of or flight from a public nuisance, and any other persons whose involvement may be necessary to abate the nuisance, prevent it from recurring, or to carry into effect the court's orders for temporary restraining orders, closures, receiverships, permanent injunctions, liens, sales and destruction. Any person holding any legal or equitable interest or right of possession in the property who has not been named as a defendant may intervene as a defendant.
(I) Notification before filing civil action or imposing civil fine.
(1) At least ten (10) calendar days before filing a civil action under this ordinance involving any closure or receivership of real property or imposing a civil fine, the Mayor's designee shall post a notice at the main entrances to the buildings or at some other prominent place on the real property. The Mayor's designee shall also mail a notice by certified mail, return receipt requested, to the owner(s) of the real property and to the holder(s) of the last deed of trust recorded on the real property. The mailing of the notice shall be deemed sufficient if mailed to the owner(s) and the holder(s) of the last recorded deed of trust at the address(es) shown on the records of the Bernalillo County Clerk and/or the Bernalillo County Assessor’s Office. The posted and mailed notices shall state that the real property has been identified as a public nuisance and that a civil action under this ordinance may be filed and a civil fine may be imposed. All notices shall include instructions in the top five non-English languages spoken in Albuquerque on how to obtain additional information and/or language services.
(2) The Mayor's designee is authorized to enter upon property for the purpose of posting notice and to affix the notice in any reasonable manner to any buildings and structures.
(3) The Mayor's designee shall not be required to post or mail any notice specified in Subsection (I)(1) whenever he or she determines, in his or her sole discretion, that any of the following conditions exist:
(a) The public nuisance poses a threat to public safety; or
(b) Notice could jeopardize a pending investigation of criminal or public nuisance activity, confidential informants, or other police activity; or
(c) Notice could result in sale, transfer, encumbrancing or destruction of the property; or
(d) Other emergency circumstances exist; or
(e) The owner(s) and the holder(s) of the last recorded deed of trust have been notified in writing within the last 120 days that the property has been identified as a public nuisance and that a civil action under this ordinance may be filed.
(4) It shall be unlawful for any person other than the Mayor's designee to remove any notice posted under the provisions of this subsection.
(J) Whenever a civil action is filed pursuant to § 11-1-1-21(I) ROA 1994 that involves a building occupied by a resident the following shall apply.
(1) The owner of a residential building (the "owner") shall pay relocation costs for the residents who reside at such residential building when the ten-day notice required in § 11-1-1-21(I) ROA 1994 is issued, subject to the provisions of division (J)(6) of this section. This requirement shall be applicable when any condition which is the basis for the order to vacate is within the control of the owner and the owner or his agent knew or should have known of the existence of the conditions that violate applicable codes, statutes, ordinances or regulations prior to the order to vacate. Notice of such conditions by a governmental agency responsible for the enforcement of a building, residential unit, housing or other appropriate code served on the owner or the owner's agent shall be proof that the owner knew of the conditions. Payment of relocation costs shall be made by the owner to the agency designated by the Mayor to administer relocation (the "relocation agency") within 30 days after the owner's receipt of the relocation cost assessment issued by the relocation agency. Interest shall accrue on any amount unpaid by the owner commencing 30 days after the date the relocation agency first advances relocation assistance funds to the displaced resident. Interest accrual shall not be stayed during an appeal by the owner, but an owner who is successful on appeal shall not be liable for interest. Owners who, on appeal, are found to not owe relocation costs shall have payments they have made to the relocation agency refunded to them without interest except for any interest actually paid by the owner.
(2) In addition to the notice requirements of § 11-1-1-21(I) ROA 1994, at the time the notice that the city has filed a civil action under Ordinance 21-2007, notification shall be given to the owner that the owner may be required to pay the relocation costs of any displaced residents. The owner shall also be served with a copy of Ordinance 21-2007.
(3) At the time that a notice is served on the owner of the property, a notice in substantially the following form shall be served on those residents known by name to the Mayor’s designee. Such notice shall be served by personal service or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested. As to residents unknown by name to the Mayor’s designee, service may be accomplished by posting such notice at the main entrances or at some other prominent place on or within the residential building. The notice shall be written in both English and Spanish. The notice shall be provided to the relocation agency on or before the day the notice to the residents is served or posted.
NOTICE TO RESIDENTS
YOU MAY BE REQUIRED TO MOVE
IF YOU MUST MOVE YOU MAY BE ENTITLED TO MONEY
YOU MAY BE REQUIRED TO MOVE
IF YOU MUST MOVE YOU MAY BE ENTITLED TO MONEY
The City believes there may be health and/or safety problems with the building where you live. The City has filed a lawsuit asking that the building where you live be closed.
The Court may order the building to be closed.
If the Court orders that you must move, City law may allow you to be paid, by your landlord, for the cost of moving and for some of your rent at a new location.
Please contact the City Relocation Agency at the following phone number and address, as soon as possible, for more information on your rights. If you wait more than 60 days you may lose your right to any money.
Phone Number:
Address:
(4) In addition to payment of actual relocation costs a minimum fixed fee for temporary relocation may be established by regulation. Rental payments shall not be made beyond temporary relocation periods.
(5) The relocation agency shall determine eligibility for and amount of relocation benefits. Residents shall not be eligible for relocation costs if they do not make a claim with the relocation agency for relocation costs within 60 calendar days after being served with a notice that they are to relocate. In determining eligibility, the relocation agency shall consider whether:
(a) The residents had a rental agreement at the time the notice was served on the residents;
(b) A court had issued an eviction order to the residents prior to the date the notice was served on the residents;
(c) The residents caused or substantially contributed to the conditions that were the basis of the notice to vacate;
(d) The conditions that were the basis for the notice to vacate were caused by fire, flood or other natural disasters;
(e) The failure to meet the requirements of this code was due to the willful or negligent acts or omissions of the owner;
(f) The resident was in default for non-payment of rent;
(g) The basis of the notice to vacate is for a condition caused by the resident's or any third party's illegal conduct without the owner's prior knowledge; or
(h) For an owner occupant of a mobile home who is renting a lot or parcel for use as a site for the location of the mobile home, whether the requirement to vacate was caused by actions outside the control of the resident.
(6) After notice to the owner and a hearing at which the owner shall have an opportunity to appear and present evidence, the Mayor’s designee shall be entitled to place a lien on the property on which the residential building that is the subject of a notice to vacate is located, and to recover costs paid by the relocation agency that are owed but have not been reimbursed by the owner provided the Mayor’s designee proves:
(a) The residents were parties to a rental agreement at the time the notice was served on the residents whose term had not expired;
(b) The residents had not been served with a valid notice of default under the rental agreement which would have entitled the owner to evict the resident;
(c) The residents did not cause or substantially contribute to the conditions that were the basis of the notice to vacate;
(d) The conditions that were the basis for the notice to vacate were not caused by fire, flood or other natural disasters;
(e) The failure to meet the requirements of this code was due substantially to the willful or grossly negligent acts or omissions of the owner;
(f) The resident was not in default for non-payment of rent;
(g) The basis of the notice to vacate is for a condition that was not caused by the resident's or any third party's illegal conduct without the owner's prior knowledge; and
(h) For an owner occupant of a mobile home who is renting a lot or parcel for use as a site for the location of the mobile home, the requirement to vacate was not caused by actions outside the control of the resident.
(7) The Mayor's designee shall, by regulation, establish a procedure for notice and an impartial evidentiary hearing prior to any determination that an owner must repay relocation costs. The owner shall be entitled to appeal the assessment of relocation costs by the relocation agency pursuant to the appeal provisions of this code. Such appeal shall be filed within 30 calendar days of the owner's receipt of the relocation cost assessment from the relocation agency. The filing of an appeal shall not stay the relocation process.
(8) The Mayor’s designee may promulgate regulations governing the administration of this section, including eligibility for relocation costs, the amount and method of payment of relocation costs, the criteria replacement units must meet.
(9) No action taken pursuant to this division shall affect the rights of residents and owners in any civil litigation. Nothing is this division shall be construed to change the obligations and rights of owners and residents as required in the Uniform Owner- Resident Relations Act, Section 47-8-1 et seq. NMSA 1978.
(10) The relocation agency shall provide assistance in finding alternative housing for residents who are displaced and qualify for relocation assistance under Ordinance 21-2007.
(11) From the time that the city first notifies an owner of conditions that violate applicable codes, statutes, ordinances or regulations to the time that the relocation assistance payments are paid to eligible residents or the time the conditions cited are corrected,
the owner shall not evict, harass or intimidate any resident for the purpose of avoiding or diminishing application of this division. Included in this prohibition is the reduction of services to a resident or materially increasing or changing the obligations of any resident, including rent increases, for purposes of attempting to have the resident vacate the residential building.
(12) The city shall be entitled to attorneys' fees and costs arising from any legal action to collect relocation costs assessed to owners.
(Ord. 19-2001; Am. Ord. 21-2007; Am. Ord. 2023-016)