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Commission approves nuisance abatement for unplatted Pajarito Mesa parcel after enforcement efforts

September 09, 2025 | Bernalillo County, New Mexico


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Commission approves nuisance abatement for unplatted Pajarito Mesa parcel after enforcement efforts
Bernalillo County commissioners on Sept. 9 approved a nuisance abatement resolution for a five‑acre unplatted parcel on Pajarito Mesa after staff said repeated conventional enforcement attempts were unsuccessful and the recorded owner is unavailable to prosecute in court.

Nicholas Hamm, director of Planning and Development Services, told the commission the county began zoning enforcement in early 2024 and issued six notices before filing a criminal complaint. The judge dismissed the conventional zoning prosecution because the property owner could not be transported to appear. Hamm said the property contains an accumulation of vehicles in various states of repair, auto parts and general trash and that county staff verified the condition and referred the case to the Nuisance Abatement Office.

Hamm said the parcel lacks recorded legal access and that the county does not have evidence anyone other than the recorded owner, James Hines III, had lawful control of the land. The owner is serving a lengthy sentence in another county, Hamm said, and family members who attended hearings were not able to produce a power of attorney or other documentation authorizing them to act on his behalf.

Hamm described the remedy the county expects: removal of the items identified in the hearing officer’s decision and restoring the site to a “rake clean finish.” He said: “The county’s action tonight is because of the property condition, and that is irrespective of the ownership situation.”

Several members of the Hines family provided public comments at the meeting earlier, disputing elements of the county’s paperwork and asserting they have supplied water and care for animals on the property. Commissioners and Hamm said the county’s action is focused on the accumulation of materials and not on displacing residents: "the county has no knowledge of anyone calling this property a place that they dwell," Hamm said.

If the county undertakes the abatement, Hamm explained, staff will solicit bids from contractors, perform the cleanup and then record a lien for the county’s cost of removal. He also noted that anyone who removes the nuisance conditions before the county acts would prevent county abatement and avoid the lien. The ordinance allows an appeal to district court; commissioners noted that appeals are possible but that the county had exhausted administrative remedies before bringing the case to the board.

Commissioner Frank Baca said the county has been conducting outreach in Pajarito Mesa and plans additional work to address access, mapping and services in the area. The resolution was adopted on a 5–0 vote.

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Scribe from Workplace AI
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