(A) Restraining orders to persons concerning real property, vehicles, other personal property and public nuisances. The city may petition the court to issue a temporary restraining order that makes the following orders for restraining persons as to real property, vehicles, other personal property, and public nuisances, which orders shall be served and become effective pursuant to the New Mexico Rules of Civil Procedure:
(1) The Mayor's designee or any police officer or sheriff's deputy to post the summons, complaint, and temporary restraining order on the real property and to serve copies upon any person who reasonably appears or claims to hold any legal or equitable interest or right of possession in the property.
(2) To restrain all persons from removing, concealing, damaging, destroying, or selling, giving away, encumbering or transferring any interest in vehicles, other personal property, fixtures, structures, or real property, or the contents of the same, or using any of the property as security for a bond.
(3) To require persons holding any legal or equitable interest or right of possession in the real property, vehicle, or other personal property to take steps to abate the public nuisance and prevent it from recurring.
(4) The Mayor's designee or any police officer to take reasonable steps to abate the nuisance activity and prevent it from recurring.
(5) To require certain named individuals to stay at least 200 yards away from the property at all times.
(6) Any other orders that may be reasonably necessary to take the property into the court's constructive custody and to access and safeguard the property.
(B) Closure of real property. In addition to the orders above, the city may petition the court to include in the temporary restraining order the following orders with respect to the seizure of real property and the contents of buildings, which orders shall be served and become effective pursuant to the New Mexico Rules of Civil Procedure:
(1) The Mayor's designee or any police officer to enter upon and close the real property, and buildings and structures upon the real property and the contents of the same, using any reasonable force necessary.
(2) The city may petition the court to permit persons holding legal or equitable interest or right of possession in the real property to provide for the maintenance, utilities, insurance and security of the property reasonable access to perform these duties or, at the discretion of the City Attorney, to permit the Mayor's deslgnee to perform these duties In lieu of the owners. If the Mayor's designee chooses to perform the duties, the owner(s) shall be responsible for all costs incurred.
(3) Where real property involved contains three or more apartments or other individualized rental units, the city may petition the court to order in lieu of closure, but in addition to the other orders provided above, that certain named individuals who committed, conducted, promoted, facilitated or aided the commission of a public nuisance be removed from the property, but that other persons lawfully on the premises be permitted to remain, and the property be placed in a special receivership as provided in this subsection. The city shall request that a receiver appointed ex parte by the court take possession of the property to the exclusion of the owners and other persons holding any legal or equitable interest and their managers and agents then in possession, collect rents from the tenants, and pay the operating expenses, taxes, utilities, and maintenance expenses on the property including the cost of abating public nuisances and preventing the same from recurring. The receiver shall not pay the principal or interest on any note, deed of trust, mortgage, installment land contract or similar instrument, and these obligations shall remain in the real property. The city shall petition the court to periodically award the receiver reasonable fees for his or her services to be paid out of the rents, profits, and income. The receiver should account for all income and expenses in accordance with the laws of New Mexico. The city shall petition the court to order the defendants to pay the fees and expenses of the receiver, utilities, maintenance, security, operating expenses, taxes, insurance and other reasonable expenses related to the property to the extent that the rents, income, and profits of the property are insufficient to defray the same. The receiver appointed ex parte shall not be replaced except upon the stipulation of all parties. The city may petition the court to make other reasonable orders consistent with these provisions for the administration of this special receivership.
(4) Any other orders that may be reasonably necessary to access, maintain, and safeguard the property.
(Ord. 19-2001; Am. Ord. 2023-016)