PUEBLO OF ISLETA NUISANCE CODE

05-07

PUEBLO OF ISLETA NUISANCE CODE

05-07-01.

Short Title. This chapter shall be titled the Pueblo of Isleta Nuisance Code.

05-07-02.

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A.

General Provisions

Civil Nuisances – Prohibited

Noise Nuisance.

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A.

The following constitute a prohibited nuisance subject to enforcement under this chapter,

enacted upon the sovereign and inherent authority of the Pueblo of Isleta upon a finding by the

Governor or the Governor’s designee, that such activity or property condition causes

unreasonable and significant interference with another person’s interest in the use and enjoyment

of their property. The location, character and habits of the particular region where the alleged

nuisance is located are to be taken into account in determining what is unreasonable and

significant to an individual living in it. If persons living in the region would regard the invasion

as definitely offensive, seriously annoying or intolerable, it is significant. If most persons in the

locality would not be substantially annoyed or disturbed, the invasion is not significant, even

though the idiosyncrasies of the particular complainant may make it unendurable to him. This

code shall apply to all persons and activities on the Pueblo of Isleta. Within the Pueblo of Isleta

Village proper, this code will be strictly enforced to protect the beauty and sacred nature of our

Village.

1. Repeated and unreasonable excessive noise from construction, industrial

activities, or loud parties, unless approved by the Governor.

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2. Excessive vehicular or motorcycle noise, including but not limited to noise

due to the use of jake brakes, which are completely prohibited from use on the

Pueblo of Isleta except for in cases of emergency, and modification to or

improper function of a vehicle’s muffler, and excessively loud stereo systems.

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3. Habitual or excessive barking dogs or other disruptive animal noises

within the exterior boundaries of the Pueblo of Isleta.

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ii.

Public Health and Safety Nuisance.

1. Improper disposal of waste and/or dumping including but not limited to

asbestos, animal remains, or hazardous materials as defined by federal law, raw

sewage, municipal solid waste (trash), construction and demolition debris.

2. Neglected or dilapidated properties that pose health or safety risks

including broken windows, unsafe structures and building code violations

including fire hazards.

3. Any obstructions of sidewalks or roads that impedes public or private

roadways or precludes safe passage.

4. Disruptive parties, gatherings, or events not approved by the Governor,

that disturb the peace and safety of a neighborhood.

iii.

Property Nuisance.

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1. Overgrown vegetation, weeds, or “white goods” in yard (refrigerators,

stoves and other appliances) or unkept yards.

2. Abandoned or derelict buildings.

3. Graffiti and vandalism that has not been cleaned up by the property owner.

4. Abandoned or inoperable vehicles or equipment on public or private

property.

5. Excessive or intrusive outdoor lighting.

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6. Leaking barrels containing petroleum, or other toxic liquid, motor vehicle

waste including but not limited to oil, batteries or similar waste.

Environmental Nuisance.

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1. Air or water pollution that exceeds applicable environmental quality

standards.

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2. Inadequate waste management or recycling. If solid waste removal is

requested from the Pueblo of Isleta, a fee may be associated with this service,

towing services or any other services requested from the Pueblo of Isleta..

3. Discharge from vehicles or equipment, including industrial or farm

equipment.

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4. Offensive or noxious odors emanating from industrial, agricultural, or

residential sources.

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v.

Public Nuisance.

1. Any activity or condition that substantially interferes with the public's

right to use and enjoy public spaces.

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Nothing hereunder shall limit the Pueblo’s criminal law enforcement authorities in

relation to any nuisance conduct after a reasonable correction period which shall not exceed 90

days.

05-07-03.

Exceptions

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The following shall not constitute a nuisance under this Code:

i.

Any activity, property condition, or land-use by the Pueblo of Isleta or its entities.

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ii.

Any activity, property condition, or land-use explicitly permitted by the Tribal

Council or the Governor, including but not limited to through special use zoning permits

authorized by the Tribal Council and Permit Authorizations to Enter authorized by the

Governor, unless it violates the health and safety of the community.

Emergency response activities.

iv.

Cultural, traditional, and religious events.

v.

Property uses consistent with the Pueblo of Isleta Zoning Code.

05-07-04.

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Enforcement and Penalties.

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The Governor or the Governor’s designees shall determine whether conduct or property

conditions constitutes a civil nuisance hereunder. Violations may include a civil citation from the

Isleta Police Department and will also provide authority for the legal department to bring court

action for injunctive relief from the Isleta Tribal Court.

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B.

Upon a determination by the Governor or the Governor’s designee, that conduct or

property condition constitutes a civil nuisance hereunder, the following enforcement actions may

proceed:

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A Notice of Violation shall be issued by the Governor or the Governor’s designee

with a correction period. The Notice of Violation shall describe the nature of the

nuisance, state the specific ordinance section that has been violated, provide a reasonable

correction period, describe the abatement that is mandated during the correction period,

and describe criminal and civil enforcement actions which may proceed upon the

violator’s failure to correct.

ii.

If the violator does not abate the nuisance during the provided correction period,

then any of the following penalties may result:

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1. The Isleta Legal Department may issue a civil citation of $250 per day of

the ongoing nuisance for up to thirty calendar days after consultation with the

Pueblo of Isleta legal department;

2. The Pueblo may take direct action to abate the nuisance in order to rectify

public health or safety concerns, including structure demolishment or

remediation. The costs of such remediation may be assessed against the violator;

3. The Code Enforcement Officer may direct a forcible entry and detainer

action against the violator in Isleta Tribal Court to seek a Writ of Restitution to

evict them from the property; and/or

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4. The Code Enforcement Officer may direct a civil penalty legal action

against the violator in Isleta Tribal Court to seek an injunction, civil penalties, and

other authorized relief.