Doña Ana County, NM Property Maintenance: Property Blight (2026)
Key Facts
- Governing chapter
- County Code Chapter 146, adopted Ord. No. 226-06
- State authority
- NMSA § 3-18-5; § 4-37-1
- Compliance window
- 10 days to remove or object
- Appeal deadline
- 5 days notice, 20 days to file in District Court
- Cost recovery
- Removal cost becomes a property lien
- Applies to
- Unincorporated Doña Ana County only
Summary
Doña Ana County can order removal of ruined, damaged or dilapidated buildings and debris-covered premises by Board resolution, with a 10-day window to comply or object before the County removes it and liens the property for the cost.
§ 146-2. Resolution requiring removal. Whenever any building or structure, which shall include mobile homes and manufactured homes, is ruined, damaged and dilapidated, or any premises is covered with ruins, rubbish, wreckage or debris, the Board of County Commissioners may by resolution find that the ruined, damaged and dilapidated building, structure, mobile home, manufactured home or premises is a menace to the public comfort, health, peace or safety and require the removal of the building, structure, mobile home, manufactured home, ruin, rubbish, wreckage or debris.
Full Breakdown
County Code § 146-1 grounds this chapter in NMSA § 4-37-1 (general county powers) and NMSA § 3-18-5, which specifically authorizes counties to adopt ordinances abating or removing ruined, damaged and dilapidated buildings, structures and premises. § 146-4 gives the owner, occupant, or agent 10 days from service or posting/publication to either start removal or file a written objection with the County Clerk requesting a Board hearing. If a hearing is requested, § 146-5 requires the Board to fix a hearing date, weigh the evidence, and decide whether to enforce or rescind the resolution; § 146-6 allows an aggrieved party to appeal to District Court by giving written notice within five days and filing a petition within 20 days of the Board's determination, with the District Court hearing the matter de novo.
Violations & Fines
If the owner, occupant, or agent fails to begin removal within 10 days of service/posting (or five days after a Board determination to enforce, or after a District Court judgment upholding it), § 146-7 authorizes the County to remove or contract for removal of the building, structure, or debris at the owner's cost, with the removal cost becoming a lien against the property, foreclosed under NMSA §§ 3-36-1 through 3-36-6. Under § 146-8, the County may instead pay for removal by granting title to salvageable materials to the party doing the work, and § 146-9 requires whoever removes the material to leave the site clean, level, and safe, with all excavations filled.
Frequently Asked Questions
Can Doña Ana County force removal of a collapsing building on my property?
How much time do I get before the County removes a dangerous building itself?
What happens if I don't comply and don't object?
Sources & Official References
Other rules in Doña Ana County
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