Las Cruces staff unveil draft vacant-and-abandoned property ordinance with registration, exemptions and fees

City Community Development staff introduced a draft vacant-and-abandoned property maintenance ordinance at the June 8 work session to create a registry, an assessment process and graduated registration fees intended to encourage maintenance and reuse without unduly penalizing responsible owners.

Chris Favre told councilors the ordinance is meant to complement existing nuisance and building-safety enforcement rather than replace it. "The goal is simple: get properties maintained, reactivated, and contributing to the community again," he said.

How the ordinance would work: staff proposed using a two-year continuous vacancy threshold for registration, applied to both residential and commercial properties (multi-tenant properties would qualify when 50% or more of leasable area or units are vacant). Newly constructed properties would not be considered vacant during the first 24 months after a certificate of occupancy.

Identification and evidence would rely on utility records, field inspections and documentation such as leases or business registrations. The city would publish an online form and maintain a registry showing assessments, exemptions, objections and final determinations.

Favre and staff proposed exemptions when a property has an active building permit tied to rehabilitation on an approved timeline, is in foreclosure or probate, is actively listed for sale at a reasonable price (staff proposed a cap of 130% of fair market value), or is engaged in an approved historic-preservation review. Exemptions would require an annual application and documentation.

To create an incentive to reuse property, staff recommended graduated registration fees for properties that remain registered as vacant: residential fees starting at $500 in year one and escalating to $2,000 in year three and beyond; commercial fees starting at $2,000 in year one and escalating to $8,000 in year three and beyond. Staff told council those fees would be used to support the program and associated enforcement work.

Councilors widely praised the proposal as a tool to reduce blight. They asked staff to clarify where fee revenue would be allocated, to consider lowering the 130% sale-price cap to 120% (some favored different numbers), and to ensure that city-owned properties lead by example. Staff said they would bring the ordinance forward for formal adoption this summer after building the web registry and completing outreach.

No formal adoption or vote on the ordinance took place at the work session; council later moved to adjourn the meeting.