Where the existence of a public nuisance is established in a civil action under Subpart C of this ordinance, the city may petition the court to enter permanent prohibitory and mandatory injunctions requiring the defendant to abate the public nuisance and take specific steps to prevent the same and other public nuisances from occurring on the real property or using the real property. The permanent prohibitory and mandatory injunction requested by the city may allow the court to consider other remedies as necessary and provided by law to abate the public nuisance. The city may also petition the court to order, as to any real property used to commit, conduct, promote, facilitate or aid the commission of any pubic nuisance, the following remedies:
(1) Closure and fencing of real property and destruction of certain structures. That the real property be closed for a period of not less than one year and not more than three years from the date of the final judgment, plus any extension of that period caused by failure to comply with the conditions for release of the property set out below, and if the city requests, that certain structures upon the real property be destroyed and sufficiently secure fencing be installed to prevent unauthorized entry onto the property. Should the structures have personal property within them, the property owner shall remove such personal property. Any personal property not removed from the structures within 48 hours notice of the city's intent to destroy the structures shall be deemed rubbish and subject to removal at the owner's expense. The city may request the court to order the defendants to carry out the destruction of the structures or the installation of secure fencing to prevent unauthorized entry onto the property.
(a) The city may petition the court to order the defendants to provide for the maintenance, utilities, insurance, and security of the property during the period of closure, and that, at the end of the closure period, the real property be released to the owner only upon (a) payment of all expenses incurred by the city for closure, utilities, security, access, destruction of buildings, maintenance, insurance, and other reasonable expenses; and (b) payment of all civil judgments under Subpart C; and (c) execution by all owners and other persons holding any legal or equitable interest or right of possession in the real property of a complete and unconditional release of the city and all of its employees and agents for liability for the closure and damages to the property.
(b) In the event that the owners and other persons holding any legal and equitable interest and rights of possession, or any of them, fail, neglect or refuse to pay the fees, expenses, and judgments, or to execute the release provided above, the property shall remain closed. The issuance and execution of the closure order shall not be deemed a bailment of property. The owner of the property remains responsible for the maintenance and security of property subject to the closure order and shall be permitted reasonable access to the property for these purposes upon application to the court.
(2) Receivership of real property. That the real property be placed into a special receivership upon the city showing a violation of this ordinance will not be promptly remedied unless a receiver is appointed and that such an appointment is in the best interest of public health, safety and welfare. Any receiver appointed under this section shall have their rights, duties and powers specified by the court in accordance with the provisions in this section.
No receiver shall be appointed until the receiver furnishes a bond or other surety and provides proof of liability insurance as the court deems sufficient in the circumstances of the case. Upon appointment, the receiver shall promptly remedy all violations of this ordinance on the property and renovate the property, as reasonably necessary, so that it can be maintained in a safe and secure condition that does not cause blight to the surrounding community or threaten public health, safety or welfare. In order to secure payment of any costs incurred and repayment of any loans for repair, operation, maintenance, renovation or management of the property, the receiver shall have a lien on the property that is second in priority to all other municipal liens. No such lien shall be effective unless recorded in the Bernalillo County Clerk's Office.
The receiver shall be authorized to collect rent and shall apply the rent collected to payment of any repairs necessary to bring the property into compliance with the sanitary code and pay the property's necessary operation, maintenance, and management expenses, including insurance expenses and reasonable fees of the receiver, and then to payment of any unpaid taxes, assessments, penalties or interest. Any excess of income in the hands of the receiver shall then be applied to payments due any mortgagee or lienor of record.
The receiver shall file with the court and with all parties of record, on a bimonthly basis, an accounting of all funds received by and owed to the receiver, and all funds disbursed, and shall comply with such other reporting requirements mandated by court, unless, for cause shown, the court determines that less frequent or less detailed reports are appropriate. Any receiver appointed pursuant to this section may be removed by the court upon a showing the receiver is not diligently carrying out the work necessary to bring the property into compliance with this ordinance or a showing it is in the best interest of public health, safety and welfare to remove the receiver. Nothing in this section shall be deemed to relieve the owner of property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner, nor shall appointment of a receiver suspend any obligation the owner or any other person may have for payment of taxes, of any operating or maintenance expense, or of mortgages or liens, or for repair of the premises.
(3) Removal of vehicles. In the event the city petitions the court to have real property closed or destroyed pursuant to this ordinance, the city may also petition the court to order the defendants to remove all vehicles from the property prior to its closure or destruction. Any vehicles not removed from the real property within 48 hours of the real property's closure or destruction shall be subject to removal at the owner's expense.
(Ord. 19-2001; Am. Ord. 72-2005; Am. Ord. 2023-016)