New Mexico § 76-6-6 - Abatement and emergency measures authorized

§ 76-6-6. Abatement and emergency measures authorized

A. Whenever the board finds any article that is infested or reasonably believed to

be infested or a host or pest exists on any premises or is in transit in this state,

it may, upon giving notice to the owner or his agent in possession thereof, seize,

quarantine, treat or otherwise dispose of the pest, host or article in such manner

as the board deems necessary to suppress, control, eradicate or prevent or retard

the spread of a pest, or the board may order the owner or agent to so treat or otherwise

dispose of the pest, host or article. B. When the board finds that a continuing threat of the spread of a pest exists, and

after appropriate notice, an owner or his agent does not take immediate measures to

prevent or retard the spread of the pest, the board may take reasonable emergency

action as necessary in accordance with the provisions of the Pest Control Act and

regulations of the board. The board may assess an emergency action fee to recover the cost of the emergency

action, not to exceed one thousand dollars ($1,000), against the owner of the property

that was subject to the board's emergency action.