SUMMARY--Revises provisions relating to abatement of public nuisances. (BDR 20-990)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to nuisances; requiring the enactment of local ordinances to address the abatement of chronic nuisances; authorizing the enactment of local ordinances to provide for the reimbursement of costs incurred by the local government to abate certain conditions; providing that a place used for certain acts involving a controlled substance is a public nuisance; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each board of county commissioners shall, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:
(a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;
(b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent a notice, by certified mail, return receipt requested, by the sheriff of the existence on his property of two or more nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the district attorney for legal action; and
(2) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(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.
(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. If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public welfare or safety, the court shall order the county to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:
(a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;
(b) Order the owner to pay the county for the cost incurred by the county in abating the condition;
(c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and
(d) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the justice's court for the recovery of money expended by the county to abate the chronic nuisance, the board may provide that the expense is a lien upon the property upon which such a chronic nuisance is located or occurring. The lien must be perfected by:
(a) Mailing by 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.
5. As used in this section:
(a) A "chronic nuisance" exists:
(1) When three or more nuisance activities exist or have occurred during any 30-day period on the property;
(2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property;
(3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or
(4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043.
(b) "Nuisance activity" means any activity, behavior or conduct defined by the board to constitute a public nuisance, including, but not limited to:
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances; and
(3) Excessive noise and violations of curfew.
(c) "Person associated with the property" means a person who, on the occasion of a nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
a property or a person present on the property.
Sec. 2 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 a notice, by 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.
(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.
(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was required 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. 3 Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4 1. The city council of a city may adopt by ordinance procedures pursuant to which the council or its designee may order an owner of property within the city 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,
to protect the public health, safety and welfare of the residents of the city.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent a notice, by 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 council and an appeal of that decision to the council.
(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.
(c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.
(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition;
3. The council or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city 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 council 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 expended by the city to abate the condition, the council 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 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. 5 1. Each city council shall, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to:
(a) Seek the abatement of a chronic nuisance that is located or occurring within the city;
(b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.
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 certified mail, return receipt requested, by the city police of the existence on his property of two or more nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the city attorney for legal action; and
(2) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(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.
(c) Provide the manner in which the city 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. If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:
(a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;
(b) Order the owner to pay the city for the cost incurred by the city in abating the condition;
(c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and
(d) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the municipal court for the recovery of money expended by the city to abate the chronic nuisance, the council may provide that the expense is a lien upon the property upon which such a chronic nuisance is located or occurring. The lien must be perfected by:
(a) Mailing by 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.
5. As used in this section:
(a) A "chronic nuisance" exists:
(1) When three or more nuisance activities exist or have occurred during any 30-day period on the property;
(2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property;
(3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or
(4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043.
(b) "Nuisance activity" means any activity, behavior or conduct defined by the city council to constitute a public nuisance, including, but not limited to:
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances; and
(3) Excessive noise and violations of curfew.
(c) "Person associated with the property" means a person who, on the occasion of a nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
a property or a person present on the property.
Sec. 6 NRS 40.140 is hereby amended to read as follows:
40.140 1. Except as otherwise provided in subsection 2, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including, without limitation, a building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043, is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 7 NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; [or]
(e) Wherein a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043 is unlawfully sold, served, stored, kept, manufactured, used or given away; or
(f) Where vagrants resort,
is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 8 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. 9 The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.
Sec. 10 This act becomes effective on July 1, 1997.