A. Sections 3-38-1 through 3-38-6 N.M. Stat. Ann. and any ordinance adopted pursuant to those sections may be enforced by the municipality having jurisdiction as municipal ordinances are enforced.

Terms Used In New Mexico Statutes 3-38-5

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

B. In addition, if any business is conducted in violation of Sections 3-38-1 through 3- 38-6 NMSA 1978 or any ordinance adopted pursuant to those sections, the municipality may institute any appropriate action or proceedings to:

(1)     prevent the conduct of the business; (2)     restrain, correct or abate the violation;

(3)     prevent the occupancy of the building, structure or land on which the business is located; or

(4)     charge a late fee of no more than ten dollars ($10.00) per year.

C. In addition to the remedies provided in Subsections A and B of this section, the business license fee and business registration fee may be collected and Sections 3-38- 1 through 3-38-6 N.M. Stat. Ann. may be enforced by the municipality by suit in district court or under such other regulation as the municipality may provide by ordinance.

D. The municipality may initiate any appropriate action or proceeding as provided in Subsections A and B of this section any time up to four years after the violation.