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).

1-1 Section 1. Chapter 555 of NRS is hereby amended by adding thereto a

1-6 and subspecies Apis mellifera scutellata, or a hybrid thereof.

1-7 Sec. 2. NRS 244.3603 is hereby amended to read as follows:

1-8 244.3603 1. Each board of county commissioners may, by ordinance,

1-15 nuisance is located or occurring; and

2-1 (c) If applicable, seek penalties against the owner of the property within

2-2 the unincorporated area of the county and any other appropriate relief.

2-3 2. An ordinance adopted pursuant to subsection 1 must:

2-4 (a) Contain procedures pursuant to which the owner of the property is:

2-5 (1) Sent a notice, by certified mail, return receipt requested, by the

2-6 sheriff or other person authorized to issue a citation of the existence on his

2-7 property of two or more nuisance activities and the date by which he must

2-8 abate the condition to prevent the matter from being submitted to the

2-9 district attorney for legal action; and

2-10 (2) Afforded an opportunity for a hearing before a court of competent

2-11 jurisdiction.

2-12 (b) Provide that the date specified in the notice by which the owner must

2-13 abate the condition is tolled for the period during which the owner requests

2-14 a hearing and receives a decision.

2-15 (c) Provide the manner in which the county will recover money

2-16 expended for labor and materials used to abate the condition on the

2-17 property if the owner fails to abate the condition.

2-18 3. If the court finds that a chronic nuisance exists and emergency

2-19 action is necessary to avoid immediate threat to the public welfare or

2-20 safety, the court shall order the county to secure and close the property for

2-21 a period not to exceed 1 year or until the nuisance is abated, whichever

2-22 occurs first, and may:

2-23 (a) Impose a civil penalty of not more than $500 per day for each day

2-24 that the condition was not abated after the date specified in the notice by

2-25 which the owner was required to abate the condition;

2-26 (b) Order the owner to pay the county for the cost incurred by the county

2-27 in abating the condition; and

2-28 (c) Order any other appropriate relief.

2-29 4. In addition to any other reasonable means authorized by the court

2-30 for the recovery of money expended by the county to abate the chronic

2-31 nuisance, the board may provide that the expense is a lien upon the

2-32 property upon which such a chronic nuisance is located or occurring. The

2-33 lien must be perfected by:

2-34 (a) Mailing by certified mail a notice of the lien, separately prepared for

2-35 each lot affected, addressed to the last known owner of the property at his

2-36 last known address, as determined by the real property assessment roll in

2-37 the county in which the property is located; and

2-38 (b) Filing with the county recorder of the county in which the property is

2-39 located, a statement of the amount due and unpaid and describing the

2-40 property subject to the lien.

2-41 5. As used in this section:

2-42 (a) A "chronic nuisance" exists:

3-1 (1) When three or more nuisance activities exist or have occurred

3-2 during any 30-day period on the property;

3-3 (2) When a person associated with the property has engaged in three

3-4 or more nuisance activities during any 30-day period on the property or

3-5 within 100 feet of the property;

3-6 (3) When the property has been the subject of a search warrant based

3-7 on probable cause of continuous or repeated violations of chapter 459 of

3-8 NRS; [or]

3-9 (4) When a building or place is used for the purpose of unlawfully

3-10 selling, serving, storing, keeping, manufacturing, using or giving away a

3-11 controlled substance, immediate precursor as defined in NRS 453.086 or

3-12 controlled substance analog as defined in NRS 453.043 [.] ; or

3-13 (5) When ants of the genus and species Solenopsis invicta or

3-14 Solenopsis richteri, or a hybrid of either, or bees of the genus, species or

3-15 subspecies Apis mellifera scutellata, or a hybrid thereof, have established

3-16 a nest or colony upon the property or are otherwise present upon the

3-17 property and are posing a threat to the public welfare or safety.

3-18 (b) "Nuisance activity" means:

3-19 (1) Criminal activity;

3-20 (2) The presence of debris, litter, garbage, rubble, abandoned or junk

3-21 vehicles or junk appliances;

3-22 (3) Excessive noise and violations of curfew; or

3-23 (4) Any other activity, behavior or conduct defined by the board to

3-24 constitute a public nuisance.

3-25 (c) "Person associated with the property" means a person who, on the

3-26 occasion of a nuisance activity, has:

3-27 (1) Entered, patronized or visited;

3-28 (2) Attempted to enter, patronize or visit; or

3-29 (3) Waited to enter, patronize or visit,

3-30 a property or a person present on the property.

3-31 Sec. 3. NRS 268.4124 is hereby amended to read as follows:

3-32 268.4124 1. Each city council may, by ordinance, to protect the

3-43 (a) Contain procedures pursuant to which the owner of the property is:

4-1 (1) Sent notice, by certified mail, return receipt requested, by the city

4-2 police or other person authorized to issue a citation of the existence on his

4-3 property of two or more nuisance activities and the date by which he must

4-4 abate the condition to prevent the matter from being submitted to the city

4-5 attorney for legal action; and

4-6 (2) Afforded an opportunity for a hearing before a court of competent

4-7 jurisdiction.

4-8 (b) Provide that the date specified in the notice by which the owner must

4-9 abate the condition is tolled for the period during which the owner requests

4-10 a hearing and receives a decision.

4-11 (c) Provide the manner in which the city will recover money expended

4-12 for labor and materials used to abate the condition on the property if the

4-13 owner fails to abate the condition.

4-14 3. If the court finds that a chronic nuisance exists and emergency

4-15 action is necessary to avoid immediate threat to the public welfare or

4-16 safety, the court shall order the city to secure and close the property for a

4-17 period not to exceed 1 year or until the nuisance is abated, whichever

4-18 occurs first, and may:

4-19 (a) Impose a civil penalty of not more than $500 per day for each day

4-20 that the condition was not abated after the date specified in the notice by

4-21 which the owner was required to abate the condition;

4-22 (b) Order the owner to pay the city for the cost incurred by the city in

4-23 abating the condition;

4-24 (c) If applicable, order the owner to pay reasonable expenses for the

4-25 relocation of any tenants who are affected by the chronic nuisance; and

4-26 (d) Order any other appropriate relief.

4-27 4. In addition to any other reasonable means authorized by the court

4-28 for the recovery of money expended by the city to abate the chronic

4-29 nuisance, the council may provide that the expense is a lien upon the

4-30 property upon which such a chronic nuisance is located or occurring. The

4-31 lien must be perfected by:

4-32 (a) Mailing by certified mail a notice of the lien, separately prepared for

4-33 each lot affected, addressed to the last known owner of the property at his

4-34 last known address, as determined by the real property assessment roll in

4-35 the county in which the property is located; and

4-36 (b) Filing with the county recorder of the county in which the property is

4-37 located, a statement of the amount due and unpaid and describing the

4-38 property subject to the lien.

4-39 5. As used in this section:

4-40 (a) A "chronic nuisance" exists:

5-1 (1) When three or more nuisance activities exist or have occurred

5-2 during any 30-day period on the property;

5-3 (2) When a person associated with the property has engaged in three

5-4 or more nuisance activities during any 30-day period on the property or

5-5 within 100 feet of the property;

5-6 (3) When the property has been the subject of a search warrant based

5-7 on probable cause of continuous or repeated violations of chapter 459 of

5-8 NRS; [or]

5-9 (4) When a building or place is used for the purpose of unlawfully

5-10 selling, serving, storing, keeping, manufacturing, using or giving away a

5-11 controlled substance, immediate precursor as defined in NRS 453.086 or

5-12 controlled substance analog as defined in NRS 453.043 [.] ; or

5-13 (5) When ants of the genus and species Solenopsis invicta or

5-14 Solenopsis richteri, or a hybrid of either, or bees of the genus, species

5-15 and subspecies Apis mellifera scutellata, or a hybrid thereof, have

5-16 established a nest or colony upon the property or are otherwise present

5-17 upon the property and are posing a threat to the public welfare or safety.

5-18 (b) "Nuisance activity" means:

5-19 (1) Criminal activity;

5-20 (2) The presence of debris, litter, garbage, rubble, abandoned or junk

5-21 vehicles or junk appliances;

5-22 (3) Excessive noise and violations of curfew; or

5-23 (4) Any other activity, behavior or conduct defined by the board to

5-24 constitute a public nuisance.

5-25 (c) "Person associated with the property" means a person who, on the

5-26 occasion of a nuisance activity, has:

5-27 (1) Entered, patronized or visited;

5-28 (2) Attempted to enter, patronize or visit; or

5-29 (3) Waited to enter, patronize or visit,

5-30 a property or a person present on the property.

5-31 Sec. 4. NRS 289.290 is hereby amended to read as follows:

5-32 289.290 1. [A] The administrator of the division of agriculture of

6-1 3. An officer appointed by the Nevada junior livestock show board

6-2 pursuant to NRS 563.120 has the powers of a peace officer for the

6-3 preservation of order and peace on the grounds and in the buildings and the

6-4 approaches thereto of the livestock shows and exhibitions that the board

6-5 conducts.

6-6 4. In carrying out the provisions of chapter 565 of NRS, the

6-7 administrator of the division of agriculture of the department of business

6-8 and industry and an inspector of the division of agriculture [has] have the

6-9 powers of a peace officer to make investigations and arrests and to execute

6-10 warrants of search and seizure. This subsection does not authorize the

6-11 administrator or any inspector to retire under the public employees’

6-12 retirement system before having attained the minimum service age of 60

6-13 years.

6-14 Sec. 5. Chapter 389 of NRS is hereby amended by adding thereto a

6-23 or a hybrid thereof.

6-24 Sec. 6. There is hereby appropriated from the state general fund to the

6-25 division of agriculture of the department of business and industry the sum

6-26 of $10,000 to establish and maintain the program created pursuant to

6-27 section 1 of this act.

6-28 Sec. 7. Any remaining balance of the appropriation made by section 6

6-29 of this act must not be committed for expenditure after July 1, 2001, and

6-30 reverts to the state general fund as soon as all payments of money

6-31 committed have been made.

6-32 Sec. 8. This act becomes effective upon passage and approval.