A nuisance is a condition or use of property that interferes with adjoining landowners’ (neighbors) use and enjoyment of their properties; or endangers the life, health, enjoyment, or safety of others; or is offensive to others. Loud noises, foul odors, unsightly conditions, and illegal or immoral activities (such as prostitution or illegal drug activity) on a property are common examples of nuisances.
Trash, litter, uncut grass or vegetation, untrimmed trees, graffiti, and abandoned motor vehicles and tires are also common subjects of nuisance abatement efforts—often undertaken by a city or town’s code compliance or code enforcement department or division.
Abatement is generally the act of stopping, eliminating, or nullifying some condition or activity. Nuisance abatement or abatement of a nuisance generally includes stopping or eliminating a noise, odor, unsightly condition, or other nuisance—or repairing or demolishing a home, apartment complex, or other building the owner has failed to maintain and that endangers the life, health, safety, or life enjoyment of persons in the neighborhood.
State laws (statutes) often provide local governments with certain nuisance abatement powers to compel the owner of a property to fix or remedy the conditions creating a nuisance—and if the owner fails to do so, the local government may do so, such as by demolishing or razing a building.
Under some circumstances the local government may choose to repair or rehabilitate the nuisance condition—or remove, remediate, transport, and dispose of materials or property on the premises that are creating the nuisance.
Local governments may also have the right to prohibit access to the premises by some or all persons, and to control access to the premises.
In New Mexico, nuisance laws are designed to protect the health, safety, and enjoyment of property by individuals and the community. A nuisance can include loud noises, foul odors, unsightly conditions, and illegal activities, among other disturbances. Local governments in New Mexico have the authority to enforce nuisance abatement, which involves taking action to stop or eliminate the nuisance. This can include maintenance, repair, demolition, or rehabilitation of properties that pose a nuisance. If a property owner fails to address a nuisance after being notified, the local government may intervene directly to remedy the situation, potentially at the owner's expense. These actions can also extend to restricting access to the premises. Nuisance abatement efforts are often carried out by municipal code compliance or enforcement departments. New Mexico state statutes provide the legal framework for local governments to exercise these powers and ensure that property conditions do not endanger or detract from the quality of life in neighborhoods.