Except as provided in this chapter, an action for the abatement of a public nuisance shall be governed by the general rules of civil procedure for the state of New Mexico and are provided under section 30-8-8 New Mexico Statutes Annotated, 1978 compilation.
A. A civil action to abate a public nuisance may be brought by verified complaint in the name of the city without cost, by any public officer or private citizen, in the district court of McKinley County against any person who shall create, perform or maintain a public nuisance.
B. When judgment is against the defendant in an action to abate a public nuisance, he shall be adjudged to pay all court costs and a reasonable fee for the complainant's attorney, when the suit is not prosecuted exclusively by the city attorney. (Ord. 2012-6, 6-26-2012)