Assembly Bill No. 287

Assembly Bill No. 287-Committee on Government Affairs

CHAPTER

205

AN ACT relating to counties; requiring a board of county commissioners to provide a property owner with notice, a hearing and an appeal before recovering expenses incurred by the county for the abatement of certain conditions on the property; and providing other matters properly relating thereto.

[Approved June 26, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 244.3605 is hereby amended to read as follows:
244.3605 1. [The] Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance [any reasonable means to recover money expended by the county for labor and materials used to:] procedures pursuant to which the board or its designee may order an owner of property within the county to:
(a) Repair, safeguard or demolish a dangerous structure;
(b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
in order to protect the public health, safety and welfare of the residents of the county.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by registered or certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and
(2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision and for the period during which the owner appeals that decision.
(c) Provide the manner in which the county will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.
3. The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:
(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice.
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order.
(c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.
4. In addition to any other reasonable means of recovering money [so expended,] expended by the county to abate the condition, the board may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:
(a) Mailing by registered or certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and
(b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.
Sec. 2. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 3. This act becomes effective upon passage and approval.
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