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Otero County, NM Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 190-7.E(3)
Covers
Weed/rubbish/debris piles susceptible to pests
Notice period
10-30 days to correct (§190-4.D(1))
Remedy
County cleanup + property lien
Fine range
$100-$300 (escalating)

Summary

Any owner, renter or occupant in unincorporated Otero County who allows piles of rubbish, tires, debris, grass, weeds or tree limbs susceptible to rodent, reptile or noxious-weed infestation to build up on a premises is in violation of § 190-7.E(3), enforced under the Solid Waste Ordinance's fine schedule.

These county ordinances apply to unincorporated areas of Otero County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 190-7. Prohibited acts. ... E. Hazardous accumulations and conditions. It shall be unlawful for any person to allow the following conditions to exist on any premises he owns, rents or occupies: ... (3) The existence of piles of rubbish, refuse, household trash, tires, debris, grass, weeds, tree limbs, or any other type of material(s) which are or may be susceptible to infestation by rodents, reptiles, insects, or noxious weeds or any other type of animal or plant that is or can be injurious to people, animals or the environment not within a licensed sanitary landfill or New Mexico Environment Department or other regulatory agency regulated facility.

Full Breakdown

Section 190-7.E declares it unlawful for any person to allow specific hazardous accumulations and conditions on premises they own, rent or occupy, and Subsection E(3) targets "piles of rubbish, refuse, household trash, tires, debris, grass, weeds, tree limbs, or any other type of material(s)" that are or may be susceptible to infestation by rodents, reptiles, insects or noxious weeds, or by any other animal or plant injurious to people, animals or the environment, unless the material sits within a licensed sanitary landfill or a facility regulated by the New Mexico Environment Department.

The same subsection of § 190-7.E also separately bars keeping three or more inoperable vehicles on a property unless they are shown to be under active repair or screened by a seven-foot solid fence, and bars keeping unsecured appliances large enough to trap a person, showing the county treats weed and debris buildup as part of the same hazardous-conditions framework as junk vehicles and entrapment hazards on vacant or occupied lots alike. Separately, § 190-7.B makes any unauthorized accumulation of solid waste, rubbish or refuse on a property a declared nuisance outright, without requiring proof of pest susceptibility.

Enforcement runs through § 190-4's notice process: the Sheriff or county code enforcement officer must give the person in charge of the premises written notice to correct the condition within 10 to 30 days before the county can order the cleanup and place a lien on the property for its cost under § 190-4.D(2) and (3).

Violations & Fines

A violation of § 190-7.E(3) is punished under § 190-8's general schedule: a fine of $100 to $300 for a first or second violation, a minimum $300 fine for a third, and up to 90 days' imprisonment for four or more violations within 12 months as an aggravated offense. The county may also correct the condition itself and lien the property for the cost under § 190-4.D(3).

Frequently Asked Questions

Can Otero County cite a vacant lot for overgrown weeds?
Yes. Section 190-7.E(3) bans piles of rubbish, debris, grass, weeds or tree limbs on any premises that are or may be susceptible to rodent, reptile or noxious-weed infestation, regardless of whether the lot is occupied or vacant.
Do I get a warning before being fined?
Yes. Under § 190-4.D(1) the Sheriff or code enforcement officer must give written notice to correct the condition within a set period of 10 to 30 days before further enforcement, including county-ordered cleanup, can proceed.
What happens if I don't clean up after the notice period?
Section 190-4.D(2) and (3) let the Board of County Commissioners order the county to correct the condition at the owner's expense, and that cost becomes a lien on the property enforced according to state law.

Sources & Official References

Other rules in Otero County

All Otero County rules

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