Assembly Bill No. 430–Assemblymen Cegavske and Hettrick

 

CHAPTER..........

 

AN ACT relating to general improvement districts; authorizing a general improvement district in certain counties to charge owners of dwelling units which receive services provided by the district for which the owners are not being charged; 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 318 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  If an employee of a general improvement district or other person

 has a reasonable belief that a dwelling unit exists that is not currently

 being charged for services provided by a general improvement district in

 a county whose population is less than 400,000, the employee or other

 person may submit an affidavit to the board of trustees of the district,

 setting forth the facts upon which the employee or other person bases his

 belief, including, without limitation, personal knowledge and visible

 indications of use of the property as a dwelling unit.

   2.  If a board of trustees receives an affidavit described in subsection

 1, the board may set a date for a hearing to determine whether the unit

 referenced in the affidavit is being used as a dwelling unit. At least 30

 days before the date of such a hearing, the board shall send a notice by

 certified mail, return receipt requested, to the owner of the property

 where the unit referenced in the affidavit is located at the address listed

 in the real property assessment roll in the county in which the property

 is located. The notice must specify the purpose, date, time and location

 of the hearing.

   3.  Except as otherwise provided in this subsection, if, after the

 hearing, the board determines that the unit referenced in the affidavit

 submitted pursuant to subsection 1 is being used as a dwelling unit, the

 board may adopt a resolution by the affirmative votes of not less than

 two-thirds of the total membership of the board to charge the owner

 pursuant to NRS 318.197 for the services provided by the district to the

 dwelling unit. The board shall not adopt such a resolution if the owner

 provides evidence satisfactory to the board that the unit referenced in the

 affidavit is not being used as a dwelling unit.

   4.  As used in this section:

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

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

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

 term does not include a hotel or a motel.

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

 for storage, refrigeration, cooking and preparation of food.

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

 which the unit referenced in an affidavit submitted pursuant to

 subsection 1 is located is assessed in the most recent assessment roll

 available.

 

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