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Council adopts amended nuisance‑abatement ordinance after changes to protect victims and clarify imminent‑hazard fines
Summary
The council approved O‑63, an overhaul of the nuisance‑abatement code, with multiple amendments clarifying imminent‑hazard language, excluding victims of crime and domestic violence from violations, and limiting daily fines to imminent hazards; the final vote was 6–3.
The Albuquerque City Council on March 3 approved O‑63, a comprehensive rewrite of the city’s nuisance‑abatement ordinance, after a series of amendments addressing concerns raised in committee and during public comment. The measure passed 6–3.
City legal and planning staff said the rewrite was intended to simplify duplicative language, bring disparate enforcement provisions (animal, fire code, etc.) under a consistent standard and provide clearer notice to property owners of what constitutes a nuisance. Staff also cited a judge’s prior concern about ambiguous language and said the changes were designed to meet due‑process notice requirements.
Council amendments during the hearing: the council revised the definition of “imminent hazard” to align with the Uniform Housing Code, added language to clarify that people who are victims of crime or domestic violence cannot be cited solely on that basis, specified that daily $500 fines may only be applied for imminent hazards, and removed litter from a list of matters pulled into the ordinance’s enforcement umbrella. One amendment also removed language that could have criminalized allowing camping on private property unless property was improperly zoned — the council specifically struck a provision that had raised concerns about criminalization of people experiencing homelessness.
Public commentators and some councilors emphasized the need to distinguish nuisance enforcement aimed at vacant and dilapidated properties from enforcement actions that could be used against unhoused people. Planning staff and the city attorney said the amendments attempted to preserve enforcement tools for dangerous buildings, hazardous properties and illegal dumping while protecting victims and vulnerable populations.
After debate and amendment votes, the council approved O‑63 as amended. Supporters said the new ordinance gives clearer enforcement options for dangerous properties; critics said parts still risk uneven application and urged close monitoring during implementation.
