Assembly Bill No. 390–Assemblymen Parks, Manendo, Arberry, Buckley, Chowning, Goldwater, Griffin, Horne, Leslie, McClain, McCleary and Pierce (by request)

 

CHAPTER..........

 

AN ACT relating to real property; prohibiting a governing body from requiring an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his property except in certain circumstances; providing certain limitations on the civil liability of an owner of property with respect to such sidewalks; 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 278 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, a governing

body shall not require an owner of property to maintain,

reconstruct or repair a sidewalk in a public right-of-way that abuts

his property.

    2.  The provisions of subsection 1 do not prohibit a governing

body from:

    (a) Imposing an assessment or other charge authorized by law

for any reconstruction or repair of a sidewalk that the governing

body causes to be performed within a public right-of-way;

    (b) Requiring any reconstruction or repair of a sidewalk as a

condition of approval for a change in the use of the land;

    (c) Requiring an owner of property to maintain a sidewalk in a

public right-of-way that abuts his property if the sidewalk was

constructed pursuant to standards that exceed the general

standards of the governing body for sidewalks; or

    (d) Requiring, by ordinance, owners of property to be

responsible for:

        (1) The repair and reconstruction of a sidewalk in the

public right-of-way that abuts the property of the owner if the

owner caused the need for such repair or reconstruction.

        (2) The general maintenance of a sidewalk in the public

right-of-way that abuts the property of the owner, including,

without limitation, sweeping, removal of snow, ice and weeds, and

maintenance of any grass, shrubs or trees that encroach on the

sidewalk.

    Sec. 2.  NRS 278.010 is hereby amended to read as follows:

    278.010  As used in NRS 278.010 to 278.630, inclusive, and

section 1 of this act, unless the context otherwise requires, the

words and terms defined in NRS 278.0105 to 278.0195, inclusive,

have the meanings ascribed to them in those sections.

    Sec. 3.  Chapter 41 of NRS is hereby amended by adding

thereto a new section to read as follows:

    No person who owns property is liable in a civil action for any

injury or damage that occurs as a result of the use of a sidewalk in

a public right-of-way that abuts his property, unless he:

    1.  Failed to comply with an ordinance adopted pursuant to

paragraph (d) of subsection 2 of section 1 of this act; or

    2.  Created a dangerous condition that caused the injury or

damage.

    Sec. 4.  This act becomes effective upon passage and approval.

 

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