Senate Bill No. 121–Committee on Judiciary

(On Behalf of City of Las Vegas)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing required disclosures regarding certain residences and notices concerning proposed changes in zoning. (BDR 10-610)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to real property; revising the provisions governing certain disclosures required to be made to certain purchasers of residences; revising the provisions governing notices of public hearings regarding certain changes in zoning regulations, restrictions and districts; and providing other matters properly relating thereto.

 

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

1-1 Section 1. Chapter 113 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 3, in a county whose

1-4 population is 400,000 or more, a seller may not sign a sales agreement

1-5 with the initial purchaser of a residence unless the seller, at least 24

1-6 hours before the time of the signing, provides the initial purchaser with a

1-7 disclosure document that contains:

1-8 (a) A copy of the most recent gaming enterprise district map that has

1-9 been made available for public inspection pursuant to NRS 463.309 by

1-10 the city or town in which the residence is located or, if the residence is

1-11 not located in a city or town, by the county in which the residence is

1-12 located; and

2-1 (b) The location of the gaming enterprise district that is nearest to the

2-2 residence, regardless of the jurisdiction in which the nearest gaming

2-3 enterprise district is located.

2-4 The seller shall retain a copy of the disclosure document that has been

2-5 signed by the initial purchaser acknowledging the time and date of

2-6 receipt by the initial purchaser of the original document.

2-7 2. The information contained in the disclosure document required by

2-8 subsection 1 must:

2-9 (a) Be updated not less than once every 4 months;

2-10 (b) Advise the initial purchaser that gaming enterprise districts are

2-11 subject to change; and

2-12 (c) Provide the initial purchaser with instructions on how to obtain

2-13 more current information.

2-14 3. The initial purchaser of a residence may waive the 24-hour period

2-15 required by subsection 1 if the seller provides the initial purchaser with

2-16 the information required by subsections 1 and 2 and the initial purchaser

2-17 signs a written waiver. The seller shall retain a copy of the written waiver

2-18 that has been signed by the initial purchaser acknowledging the time and

2-19 date of receipt by the initial purchaser of the original document.

2-20 4. As used in this section, "seller" has the meaning ascribed to it in

2-21 NRS 113.070.

2-22 Sec. 2. NRS 113.070 is hereby amended to read as follows:

2-23 113.070 1. [Except as otherwise provided in subsection 3, in a

2-24 county whose population is 400,000 or more, a seller may not sign a sales

2-25 agreement with the initial purchaser of a residence unless the seller, at least

2-26 24 hours before the time of the signing, provides the initial purchaser with a

2-27 disclosure document that contains:

2-28 (a) A copy of the most recent gaming enterprise district map that has

2-29 been made available for public inspection pursuant to NRS 463.309 by the

2-30 city or town in which the residence is located or, if the residence is not

2-31 located in a city or town, by the county in which the residence is located;

2-32 and

2-33 (b) The location of the gaming enterprise district that is nearest to the

2-34 residence, regardless of the jurisdiction in which the nearest gaming

2-35 enterprise district is located.

2-36 The seller shall retain a copy of the disclosure document which has been

2-37 signed by the initial purchaser acknowledging the time and date of receipt

2-38 by the initial purchaser of the original document.

2-39 2. The information contained in the disclosure document required by

2-40 subsection 1 must:

2-41 (a) Be updated no less than once every 4 months;

2-42 (b) Advise the initial purchaser that gaming enterprise districts are

2-43 subject to change; and

3-1 (c) Provide the initial purchaser with instructions on how to obtain more

3-2 current information.

3-3 3. The initial purchaser of a residence may waive the 24-hour period

3-4 required by subsection 1 if the seller provides the initial purchaser with the

3-5 information required by subsections 1 and 2 and the initial purchaser signs

3-6 a written waiver. The seller shall retain a copy of the written waiver which

3-7 has been signed by the initial purchaser acknowledging the time and date of

3-8 receipt by the initial purchaser of the original document.

3-9 4.] Before the initial purchaser of a residence signs a sales agreement

3-10 [,] or opens escrow, whichever occurs earlier, the seller shall, by separate

3-11 written document, disclose to [him] the initial purchaser the zoning

3-12 designations and the designations in the master plan regarding land use [,]

3-13 adopted pursuant to chapter 278 of NRS , and the general land uses

3-14 described therein, for the adjoining parcels of land. If the residence is

3-15 located within a subdivision, the disclosure must be made regarding all

3-16 parcels of land adjoining the unit of the subdivision in which the residence

3-17 is located. If the residence is located on land divided by a parcel map and

3-18 not located within a subdivision, the disclosure must be made regarding all

3-19 parcels of land adjoining the parcel map. Such a disclosure must be made

3-20 regardless of whether the adjoining parcels are owned by the seller. The

3-21 seller shall retain a copy of the disclosure document which has been signed

3-22 by the initial purchaser acknowledging the date of receipt by the initial

3-23 purchaser of the original document.

3-24 [5.] 2. The information contained in the disclosure document required

3-25 by subsection [4] 1 must:

3-26 (a) Be updated [no] not less than once every 6 months, if the

3-27 information is available from the local government;

3-28 (b) Advise the initial purchaser that the master plan is for the general,

3-29 comprehensive and long-term development of land in the area and that

3-30 the designations in the master plan regarding land use provide the most

3-31 probable indication of future development which may occur on the

3-32 surrounding properties;

3-33 (c) Advise the initial purchaser that the master plan and zoning

3-34 ordinances and regulations adopted pursuant to the master plan are subject

3-35 to change; and

3-36 [(c)] (d) Provide the initial purchaser with instructions on how to obtain

3-37 more current information.

3-38 [6.] 3.  As used in this section, "seller" means a person who sells or

3-39 attempts to sell any land or tract of land in this state which is divided or

3-40 proposed to be divided over any period into two or more lots, parcels, units

3-41 or interests, including, but not limited to, undivided interests, which are

3-42 offered, known, designated or advertised as a common unit by a common

3-43 name or as a part of a common promotional plan of advertising and sale.

4-1 Sec. 3. NRS 278.260 is hereby amended to read as follows:

4-2 278.260 1. The governing body shall provide for the manner in

4-3 which zoning regulations and restrictions and the boundaries of zoning

4-4 districts are determined, established, enforced and amended.

4-5 2. A zoning regulation, restriction or boundary must not become

4-6 effective until after a public hearing at which parties in interest and other

4-7 persons have an opportunity to be heard. The governing body shall cause

4-8 notice of the time and place of the hearing to be:

4-9 (a) Published in an official newspaper, or a newspaper of general

4-10 circulation, in the city, county or region; and

4-11 (b) Mailed to each tenant of a mobile home park if that park is located

4-12 within 300 feet of the property in question,

4-13 at least 10 days before the hearing.

4-14 3. If the proposed amendment involves a change in the boundary of a

4-15 zoning district in a county whose population is less than 400,000, the

4-16 governing body shall, to the extent this notice does not duplicate the notice

4-17 required by subsection 2, cause a notice to be sent by mail at least 10 days

4-18 before the hearing to:

4-19 (a) The applicant;

4-20 (b) Each owner, as listed on the county assessor’s records, of real

4-21 property located within 300 feet of the portion of the boundary being

4-22 changed;

4-23 (c) Each owner, as listed on the county assessor’s records, of at least 30

4-24 parcels nearest to the portion of the boundary being changed, to the extent

4-25 this notice does not duplicate the notice given pursuant to paragraph (b);

4-26 and

4-27 (d) Any advisory board which has been established for the affected area

4-28 by the governing body.

4-29 The notice must be written in language which is easy to understand. [It]

4-30 The notice must set forth the time, place and purpose of the hearing and a

4-31 physical description of, or a map detailing, the proposed change [.] , must

4-32 indicate the existing zoning designation, and the proposed zoning

4-33 designation, of the property in question, and must contain a brief

4-34 summary of the intent of the proposed change.

4-35 4. If the proposed amendment involves a change in the boundary of a

4-36 zoning district in a county whose population is 400,000 or more, the

4-37 governing body shall, to the extent this notice does not duplicate the notice

4-38 required by subsection 2, cause a notice to be sent by mail at least 10 days

4-39 before the hearing to:

4-40 (a) The applicant;

4-41 (b) Each owner, as listed on the county assessor’s records, of real

4-42 property located within 500 feet from the portion of the boundary being

4-43 changed;

5-1 (c) Each owner, as listed on the county assessor’s records, of at least 30

5-2 parcels nearest to the portion of the boundary being changed, to the extent

5-3 this notice does not duplicate the notice given pursuant to paragraph (b);

5-4 and

5-5 (d) Any advisory board which has been established for the affected area

5-6 by the governing body.

5-7 The notice must be written in language which is easy to understand. [It]

5-8 The notice must set forth the time, place and purpose of the hearing and a

5-9 physical description of, or a map detailing, the proposed change [.] , must

5-10 indicate the existing zoning designation, and the proposed zoning

5-11 designation, of the property in question, and must contain a brief

5-12 summary of the intent of the proposed change.

5-13 5. The exterior of the notice mailed pursuant to subsection 4 must bear

5-14 a statement printed in at least 10-point bold type in substantially the

5-15 following form:

5-16 OFFICIAL NOTICE OF PUBLIC HEARING

5-17 6. In addition to mailing the notice required pursuant to subsection 4,

5-18 in a county whose population is 400,000 or more, the governing body shall,

5-19 [no] not later than 10 days before the hearing, erect or cause to be erected

5-20 on the property, at least one sign not less than 2 feet high and 2 feet wide.

5-21 The sign must be made of material reasonably calculated to withstand the

5-22 elements for 40 days. The governing body must be consistent in its use of

5-23 colors for the background and lettering of the sign. The sign must include

5-24 the following information:

5-25 (a) The existing zoning designation of the property in question;

5-26 (b) The proposed zoning designation of the property in question;

5-27 (c) The date, time and place of the public hearing;

5-28 (d) A telephone number which may be used by interested persons to

5-29 obtain additional information; and

5-30 (e) A statement which indicates whether the proposed zoning

5-31 designation of the property in question complies with the requirements of

5-32 the master plan of the city or county in which the property is located.

5-33 7. A sign required pursuant to subsection 6 is for informational

5-34 purposes only, and must be erected regardless of any local ordinance

5-35 regarding the size, placement or composition of signs to the contrary.

5-36 8. A governing body may charge an additional fee for each application

5-37 to amend an existing zoning regulation, restriction or boundary to cover the

5-38 actual costs resulting from the mailed notice required by this section and

5-39 the erection of not more than one of the signs required by subsection 6, if

5-40 any. The additional fee is not subject to the limitation imposed by NRS

5-41 354.5989.

6-1 9. The governing body shall remove or cause to be removed any sign

6-2 required by subsection 6 within 5 days after the final hearing for the

6-3 application for which the sign was erected. There must be no additional

6-4 charge to the applicant for such removal.

6-5 Sec. 4. This act becomes effective on December 1, 1999.

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