COUNTY & MUNICIPALITY ORDINANCE ENFORCEMENT

HB0071

HOUSE BILL 71

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Rod Montoya

AN ACT

RELATING TO LOCAL GOVERNMENT; PROVIDING A PRIVATE RIGHT OF
ACTION FOR INJUNCTIVE RELIEF TO COMPEL A COUNTY OR MUNICIPALITY
TO ENFORCE ITS ORDINANCES; REQUIRING WRITTEN NOTICE AND A TIME
PERIOD FOR THE COUNTY OR MUNICIPALITY TO ENFORCE THE ORDINANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] COUNTY OR MUNICIPALITY
ORDINANCE ENFORCEMENT--WRITTEN NOTICE--PRIVATE RIGHT OF
ACTION.--

A. If a county or municipality fails to enforce an
ordinance it has enacted, a resident of or business located in
the county or municipality or the attorney general may provide
written notice to the governing body of the county or
municipality alleging any failures to enforce the ordinance.
The county or municipality shall have fourteen days to enforce
the ordinance or provide a written response detailing why the
alleged conduct was not a violation of the ordinance or why the
ordinance was not enforced.

B. If after following the procedures pursuant to
Subsection A of this section a county or municipality continues
to not enforce the ordinance, the resident, business or
attorney general may bring a civil action in a district court
of competent jurisdiction for injunctive relief compelling the
county or municipality to enforce or repeal the ordinance. The
court may award reasonable attorney fees and costs if the
resident or business prevails.

SECTION 2.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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