Nuisance Properties

What is a Nuisance Property?

The abatement of public nuisances for the protection of public health, safety, and well-being is a matter of local concern. The purpose of this section is to abate public nuisances. Abate means to repair, replace, remove, destroy, bring to a halt, eliminate, or, where that is not possible or feasible, to suppress, reduce, or minimize. Public nuisance or nuisance means:

1. Any building or structure that is ruined, damaged, or dilapidated to such an extent, or any real property that is covered with ruins, rubbish, wreckage, or debris to such an extent that the building, structure, or real property threatens harm to the public comfort, health, well-being, peace, or safety.
2. Any property or vehicle on or in which any illegal activities as established in federal law, New Mexico state statute, or Santa Fe City code occur or which is used to commit, conduct, promote, facilitate any illegal activities and, because of such activity or use, the property threatens harm to the public comfort, health, peace, well-being or safe or a loud or unruly gathering as defined by ordinance.
3. A nuisance as defined or described in any other section of the City code.
4. Knowingly creating, performing, or maintaining anything affecting any number of citizens without lawful authority that is either Injurious to public health, safety, or well-being or interferes with the exercise and enjoyment of public rights, including the right to use public or private property.

Nuisance Property Process

Step 1 – Investigation Initiated

The City of Santa Fe will begin an internal nuisance investigation when a property accumulates six incidents within six months.

Investigations consider the number and severity of incidents, law enforcement, fire, or first responder statements, neighborhood testimony, past abatement plans, the relative impact of the incidents on the public, and any other available information to determine a nuisance.

When an internal nuisance investigation begins, the property owner will be notified in writing, describing the relevant incidents and alerting the owner that the City has initiated an investigation.

If, in consultation with the City Attorney's Office, the assigned City representative determines a nuisance exists according to the internal nuisance investigation, the city shall issue a notice of violation and initiate the abatement process.

Step 2: Abatement Process

In its notice of violation, the City requires the property owner to submit an abatement plan. The property owner must submit the abatement plan to the City within fifteen (15) days following receipt of the notice of violation.

• Corrective action in the abatement plan may include any of the following:
  • More effective screening of tenants, lease provisions, and lease enforcement.
  • Implementing physical improvements.
  • Providing security for the property.
  • Evicting persons responsible for the nuisance activity; an abatement plan shall not solely consist of eviction.
  • Pursuing other remedies available to the owner according to any lease or other agreement approved by the city.

After review, the City will approve or deny the abatement plan submitted by the property owner.

If the City determines the abatement plan is inadequate to abate the nuisance(s), it will be denied. If the City denies the abatement plan, the property owner shall have five additional days to submit an updated abatement plan.

If the property owner fails to provide an abatement plan, or if the City denies the abatement plan a second time, the property is non-compliant, and the property owner will be subject to the enforcement provisions.  

If the City approves the abatement plan, it will monitor the property for compliance under the timeframe included in the abatement plan.

If the property complies, the City will continue to monitor it for three months. If it does not receive another notice of violation during the probation period, it will be considered compliant. The city shall send the property owner a certified letter verifying compliance and removal from probation.

If the property owner fails to provide an approved abatement plan within 15 days or does not comply with the abatement plan within 30 days of approval or as otherwise provided for in the abatement plan, then the City will consider the property owner non-compliant.

If the City determines that an owner is non-compliant and the nuisance presents an imminent risk to the health and safety of the public, the City may abate the nuisance at the property owner's expense.

Additionally, the City may fine the property owner $100 per day for each day of non-compliance.

Suppose the property owner fails to comply with the City's notice and fines, including non-payment of abatement costs or fines, within 90 days. In that case, the City may file an action against the property owner in district court, recommending any appropriate action including, but not limited to, placing a lien on the property, forcing the sale of the property, allowing entry onto the property to abate the nuisance, or seizing the property.

After 90 days of non-compliance, the $100 per day fine will no longer accumulate, and a maximum of $9,000 in fines will be applied.

The City may also file in district court if an internal investigation concludes that three incidents have occurred after a notice of violation in any two-year period, regardless of the property owner's abatements.

Successfully Abated Nuisance Properties / Active Nuisance Properties