Albuquerque, NM Property Maintenance: Vacant Lot Maintenance (2026)

Section 9-8-23 of the Albuquerque Weed and Anti-Litter Ordinance provides that no person shall throw or deposit litter on any open or vacant private property within the city, whether owned by that person or not, so liability reaches trespassers and neighbors, not just the titleholder. A companion duty in Section 9-8-4 makes it unlawful for an owner of any occupied or unoccupied lot to permit weed growth taller, wider or with a spread greater than four inches, or any accumulation of weeds or litter, across the lot itself plus the parkway strip to the curb, any sidewalk area, and ten feet beyond the property line where there is no curb.

Section 9-8-5 puts the cutting and removal duty squarely on the owner, lessee or occupant, to be repeated as often as necessary. Litter under Section 9-8-3 covers garbage, refuse and rubbish, defined broadly to include abandoned furnishings, waste building materials, dead animals and anything creating a harborage for insects, vermin or disease. When an owner does not comply, Section 9-8-25 requires the Mayor's designee to send written notice, or post it on the premises if the owner cannot be found or is a nonresident, and Section 9-8-26 lets the city cut and remove the weeds or litter itself if the owner has not acted within ten days, or immediately for a public health emergency, with the full cost becoming a lien on the property.

An owner may appeal a removal determination or a civil fine through the Independent Office of Hearings under Section 9-8-28, and seek certiorari review in State District Court under Section 9-8-29 if dissatisfied with the hearing outcome.