A. It shall be unlawful for any owner, manager, tenant, lessee, occupant, or other person having any legal or equitable interest or right of possession in any real property, vehicle, or other personal property to intentionally, knowingly, recklessly, or negligently commit, conduct, promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using any property in which they hold any legal or equitable interest or right of possession.
B. An owner of property whose own activities on the real property are not a nuisance shall not be in violation of this chapter if the owner establishes that he or she has no knowledge of the public nuisance activity and, upon receiving notice of the activity constituting a nuisance, the owner:
1. Demonstrates to the city that the rental agreement for the property contains a provision prohibiting criminal activity;
2. Delivers to the tenant(s) a written notice of termination of the rental agreement as provided by the New Mexico owner-resident relations act;
3. Files an appropriate report with law enforcement authorities or otherwise cooperates with such authorities in enforcing laws with respect to tenants on the property;
4. Initiates legal action to remove residents involved in criminal activity where such activity can be proven; and
5. Takes all reasonable and available steps to terminate the public nuisance activity. (Ord. 2012-4, 6-12-2012)