45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MUNICIPALITIES; PROVIDING A MUNICIPALITY WITH AUTHORITY TO PLACE A LIEN ON PROPERTY TO RECOVER THE COST OF REMOVING OR ABATING A NUISANCE; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 3-18-17 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-17-14) is amended to read:

"3-18-17. NUISANCES AND OFFENSES--REGULATION OR PROHIBITION--LIEN.--A municipality may by ordinance:

A. define a nuisance, abate a nuisance and impose penalties upon a person who creates or allows a nuisance to exist;

B. regulate or prohibit any amusement or practice which tends to annoy persons on a street or public ground; [and]

C. prohibit and suppress:

(1) gambling and the use of fraudulent devices or practices for the purpose of obtaining money or property;

(2) the sale, possession or exhibition of obscene or immoral publications, prints, pictures or illustrations;

(3) public intoxication;

(4) disorderly conduct; and

(5) riots, noises, disturbances or disorderly assemblies in any public or private place; and

D. provide that the reasonable cost of removing or abating a nuisance, by or on behalf of a municipality, shall constitute a lien on the property, including buildings, structures, lots or parcels of land, from which the nuisance was removed or abated."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.