Las Cruces City Council Work Session - NAT Update (September 22, 2025)

The Las Cruces City Council held a work session on Monday, September 22, 2025, at approximately 1:00 PM, presided over by Mayor Eric Enriquez. The primary agenda item was an update from the Nuisance Abatement Team (NAT), presented by Community Development Director Chris Fayer. The session also included routine announcements, a pets of the week segment, and one public comment.

Public Comments & Testimony

• Tim Billman (Alameda Depot Historic District resident) expressed support for the NAT effort and advocated for using the abatement process as a revenue stream by rehabilitating and reselling properties rather than solely demolishing them. He noted a vacant 1920s house next to his property with an unresponsive owner, calling it a public safety hazard.

Discussion Items

• Nuisance Abatement Team (NAT) Update – Chris Fayer began by acknowledging the cross-departmental team and the importance of addressing vacant and nuisance properties to reduce blight and enhance public safety, referencing the Elevate plan (initiatives CL 2.1 and CL 2.2).
  • Background & Criteria: The NAT uses the International Property Maintenance Code to enforce standards on vacant, abandoned properties. Properties are ranked on a 1–3 priority scale (level 1 = lowest, level 3 = highest), with level 2 and 3 properties often lacking identified legal owners.
  • Process: Staff identifies properties via citizen tips, police, or code enforcement; investigates ownership; assesses structural integrity; and may remove certificates of occupancy, condemn buildings, board/secure, or demolish. The city can then place liens and foreclose. Special provisions apply for properties in historic districts (e.g., 414 East May).
  • Current Statistics (as of September 22, 2025): 165 properties on the NAT list (split across levels); since August, 60 owners identified, 8 properties condemned, 5 demolition permits applied for by owners, and 2 liens in place for potential foreclosure.
  • Tools: A new public-facing website page with FAQs, a real-time map (showing level 2 and 3 properties), and a submission form for citizen tips. An interactive GIS map for internal use allows staff to update information in real time, including owner data, council district, flood zone, and permit history.
  • Proposed Ordinance (Phased):
    • Phase 1 (target July 2026): Focus on commercial properties and residential properties owned by LLCs. Would create a registry, establish compliance timelines, and assess fees (not recoverable as liens). Enforcement date January 2027.
    • Phase 2 (target January 2028): Extend to residential properties, with potential assistance programs for low-income owners (e.g., using MRA funds).
    • Exemptions: Active building permits (up to 2 years), property listed with a licensed broker, properties under foreclosure/probate, or damage from natural disasters.
  • Budget & Staffing: Current NAT budget is $100,000 (reduced from $300,000 the prior year). Estimated costs: residential demolition ranges $25,000–$60,000; board/secure $2,500–$6,000. Fayer recommended restoring at least $300,000 for FY 2026. Additional staffing needs include a dedicated attorney, a building official, a permit technician, and a management analyst.
• Council Discussion:
  • Councilor Graham highlighted the challenge of private property rights and the need to balance enforcement with legal constraints, noting that staff sometimes use administrative search warrants to access properties.
  • Councilor Curran asked about commercial properties, noting that many are owned by out-of-town entities. Fayer explained that commercial and residential are treated similarly in the NAT process, but commercial owners are often easier to locate.
  • Councilor Flores expressed concern about finding heirs and legal owners, especially for long-vacant residential properties. City Attorney Brad added that when direct service fails, the city posts notice on the property and publishes in a newspaper. Flores also suggested using the local historic society and the Historic Preservation Committee as resources.
  • Councilor McClure supported the ordinance and recommended presenting the NAT update at neighborhood meetings (e.g., Las Esperanzas) to proactively inform residents.
  • Councilor Matisse asked about conditioning permits for new commercial buildings to include restoration or maintenance upon abandonment. Fayer agreed to research this (citing Laramie, Wyoming as an example).
  • Mayor Pro Tem Bencomo praised the team, especially GIS, and emphasized equity: avoiding a “poverty tax” while ensuring property owners meet their responsibilities. She supported exploring MRA-specific abatement funding for owners who lack capital.
  • Mayor Enriquez characterized the NAT effort as “community risk reduction,” noting that vacant properties generate police, fire, and code enforcement costs. He suggested partnering with local contractors to incentivize cleanup and redevelopment.

Key Outcomes

• No formal votes were taken during the work session; however, council members expressed broad support for the NAT approach and the phased ordinance.
• Next steps: Staff will continue identifying owners, pursue abatements and foreclosures, and launch a public awareness campaign. The proposed ordinance timeline targets July 2026 for adoption and January 2027 for enforcement of phase 1.
• Budget direction: Council indicated a willingness to increase the NAT budget above the current $100,000, with suggestions to return to at least $300,000 for FY 2026. Staff will provide more detailed budget and staffing proposals before the next budget cycle.
• Further research: Councilor Matisse’s request regarding permit conditions for commercial property restoration will be explored by staff.
• Meeting adjourned via unanimous voice vote (all council members present voted aye).