Assembly Bill No. 135–Committee on
Government Affairs

 

CHAPTER..........

 

AN ACT relating to cities; revising the provisions governing the authority of the governing body of a city to abate certain dangerous conditions; revising the manner in which the governing body of a city may recover money expended in abating certain nuisances and dangerous and noxious conditions; 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. NRS 268.4122 is hereby amended to read as

follows:

    268.4122  1.  The [city council] governing body of a city may

adopt by ordinance procedures pursuant to which the [council]

governing body or its designee may order an owner of property

within the city to:

    (a) Repair, safeguard or [demolish] eliminate a dangerous

structure[;] or condition;

    (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] governing body and an appeal of that decision . [to

the council.] The ordinance must specify whether all such appeals

are to be made to the governing body or to 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.

    (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] governing body 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; or

    (c) The [council] governing body or a court of competent

jurisdiction 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] governing body may make the expense [is a lien upon]

a special assessment against the property upon which [such a] the

condition is or was 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.] special assessment may

be collected at the same time and in the same manner as ordinary

county taxes are collected, and is subject to the same penalties and

the same procedure and sale in case of delinquency as provided

for ordinary county taxes. All laws applicable to the levy,

collection and enforcement of county taxes are applicable to such

a special assessment.

    5.  As used in this section, “dangerous structure or condition”

means a structure or condition that may cause injury to or

endanger the health, life, property or safety of the general public

or the occupants, if any, of the real property on which the

structure or condition is located. The term includes, without

limitation, a structure or condition that:

    (a) Does not meet the requirements of a code or regulation

adopted pursuant to NRS 268.413 with respect to minimum levels

of health or safety; or

    (b) Violates an ordinance, rule or regulation regulating health

and safety enacted, adopted or passed by the governing body of a

city, the violation of which is designated as a nuisance in the

ordinance, rule or regulation.

    Sec. 2.  NRS 268.4124 is hereby amended to read as follows:

    268.4124  1.  [Each city council] The governing body of a city

may, 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 or other person authorized to issue a citation , 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 health, 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

court for the recovery of money expended by the city to abate the

chronic nuisance, the [council may provide that] governing body

may make the expense [is a lien upon] a special assessment against

the property upon which [such a] the chronic nuisance is or was

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.] special assessment may

be collected at the same time and in the same manner as ordinary

county taxes are collected, and is subject to the same penalties and

the same procedure and sale in case of delinquency as provided

for ordinary county taxes. All laws applicable to the levy,

collection and enforcement of county taxes are applicable to such

a special assessment.

    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:

        (1) Criminal activity;

        (2) The presence of debris, litter, garbage, rubble, abandoned

or junk vehicles or junk appliances;

        (3) Excessive noise and violations of curfew; or

        (4) Any other activity, behavior or conduct defined by the

[board] governing body to constitute a public nuisance.

    (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. 3.  NRS 268.4126 is hereby amended to read as follows:

    268.4126  1.  The governing body of each city which is

located in a county whose population is 100,000 or more may, 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

seek:

    (a) The abatement of an abandoned nuisance that is located or

occurring within the city;

    (b) The repair, safeguarding or demolition of any structure or

property where an abandoned nuisance is located or occurring

within the city;

    (c) Authorization for the city to take the actions described in

paragraphs (a) and (b);

    (d) Civil penalties against an owner of any structure or property

where an abandoned nuisance is located or occurring within the city;

and

    (e) 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

a person authorized by the city to issue a citation , of the existence

on his property of three or more abandoned nuisance activities and

the date by which he must abate the abandoned nuisance 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 abandoned nuisance 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, if the owner fails

to abate the abandoned nuisance, recover money expended for labor

and materials used to:

        (1) Abate the abandoned nuisance on the property; or

        (2) If applicable, repair, safeguard or demolish a structure or

property where the abandoned nuisance is located or occurring.

    3.  If the court finds that an abandoned nuisance exists, the

court shall order the owner of the property to abate the abandoned

nuisance or repair, safeguard or demolish any structure or property

where the abandoned nuisance is located or occurring, and may:

    (a) If applicable, order the owner of the property to pay

reasonable expenses for the relocation of any tenants who occupy

the property legally and who are affected by the abandoned

nuisance;

    (b) If the owner of the property fails to comply with the order:

        (1) Direct the city to abate the abandoned nuisance or repair,

safeguard or demolish any structure or property where the

abandoned nuisance is located or occurring; and

        (2) Order the owner of the property to pay the city for the

cost incurred by the city in taking the actions described in

subparagraph (1); and

    (c) Order any other appropriate relief.

    4.  In addition to any other reasonable means authorized by the

court for the recovery of money expended by the city to abate the

abandoned nuisance, the governing body of the city may [provide

that] make the expense [is a lien upon] a special assessment against

the property upon which [such an] the abandoned nuisance is or was

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.] special assessment may

be collected at the same time and in the same manner as ordinary

county taxes are collected, and is subject to the same penalties and

the same procedure and sale in case of delinquency as provided

for ordinary county taxes. All laws applicable to the levy,

collection and enforcement of county taxes are applicable to such

a special assessment.

    5.  As used in this section:

    (a) An “abandoned nuisance” exists on any property where a

building or other structure is located on the property, the property is

located in a city that is in a county whose population is 100,000 or

more, the property has been vacant or substantially vacant for 2

years or more and:

        (1) Three or more abandoned nuisance activities exist or

have occurred on the property during any 12-month period; or

        (2) A person associated with the property has caused or

engaged in three or more abandoned nuisance activities during any

12-month period on the property or within 100 feet of the property.

    (b) “Abandoned nuisance activity” means:

        (1) Instances of unlawful breaking and entering or occupancy

by unauthorized persons;

        (2) The presence of graffiti, debris, litter, garbage, rubble,

abandoned materials, inoperable vehicles or junk appliances;

        (3) The presence of unsanitary conditions or hazardous

materials;

        (4) The lack of adequate lighting, fencing or security;

        (5) Indicia of the presence or activities of gangs;

        (6) Environmental hazards;

        (7) Violations of city codes, ordinances or other adopted

policy; or

        (8) Any other activity, behavior, conduct or condition

defined by the governing body of the city to constitute a threat to the

public health, safety or welfare of the residents of or visitors to the

city.

    (c) “Person associated with the property” means a person who,

on the occasion of an abandoned 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. 4.  This act becomes effective on July 1, 2003.

 

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