Assembly Bill No. 430–Assemblymen Cegavske and Hettrick

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes general improvement districts to charge owners of suspected dwelling units for services provided by district. (BDR 25‑1275)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to general improvement districts; authorizing a general improvement district to charge the owner of a suspected dwelling unit for services that are provided by the district; 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 318 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  If the board has a reasonable belief that a dwelling unit which is

1-4  using services provided by the district exists within its jurisdiction, but

1-5  whose owner is not being charged for such services, the board may adopt

1-6  a resolution to charge the owner pursuant to NRS 318.197 for services

1-7  provided by the district.

1-8    2.  A reasonable belief must be based on an affidavit from an

1-9  employee of the district setting forth the facts upon which the employee

1-10  of the district bases his belief, including, without limitation, personal

1-11  knowledge and visible indications of use of the unit as a dwelling unit.

1-12  Such an affidavit from an employee of the district creates a rebuttable

1-13  presumption that the dwelling unit exists and is receiving services

1-14  provided by the district for which the owner is not being charged.

1-15    3.  If a board adopts a resolution to charge the owner for services

1-16  provided by the district, the board shall send a notice by certified mail,

1-17  return receipt requested, to the owner at the address listed in the real

1-18  property assessment roll in the county in which the property is located.

1-19  The notice must advise the owner that the general improvement district

1-20  will begin charging for the use of services provided by the general

1-21  improvement district to the suspected dwelling unit 30 days after the

1-22  owner receives the notice.

2-1    4.  If the owner wishes to contest the existence of the suspected

2-2  dwelling unit, he must request a hearing within 5 days after receiving the

2-3  notice required by subsection 3. The owner must allow an employee of

2-4  the district to inspect the premises of the suspected dwelling unit within 5

2-5  days after contacting the board to request a hearing upon the suspected

2-6  dwelling unit. The board shall schedule a hearing within 30 days after

2-7  receiving such a request.

2-8    5.  If the owner refuses to allow an employee of the district to inspect

2-9  the suspected dwelling unit, the owner must pay the fees assessed by the

2-10  general improvement district pursuant to subsection 1.

2-11    6.  As used in this section:

2-12    (a) “Dwelling unit” means a structure that is designed for residential

2-13  occupancy by one or more persons for living and sleeping purposes,

2-14  consisting of one or more rooms, including a bathroom and kitchen. The

2-15  term does not include a hotel or a motel.

2-16    (b) “Kitchen” means a room, all or part of which is designed or used

2-17  for storage, refrigeration, cooking and preparation of food.

2-18    (c) “Owner” means a person to whom the parcel of real property upon

2-19  which the suspected dwelling unit is located is assessed in the most recent

2-20  assessment roll available.

 

2-21  H