Assembly Bill No. 571–Committee on Government Affairs
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. “Graffiti” means any unauthorized inscription, word, figure
or design that is marked, etched, scratched, drawn or painted on the
public or private property, real or personal, of another, which defaces
such property.
Sec. 3. “Residential property” means a parcel of land, including all
structures thereon, that is zoned for single-family residential use.
Sec. 4. 1. The board of county commissioners may adopt by
ordinance procedures pursuant to which officers, employees or other
designees of the county may cover or remove graffiti that is:
(a) Placed on the exterior of a fence or wall located on the perimeter
of residential property; and
(b) Visible from a public right of way.
2. An ordinance adopted pursuant to subsection 1 must provide that:
(a) Officers, employees or other designees of the county shall not
cover or remove the graffiti unless:
(1) The owner of the residential property consents to the covering
or removal of the graffiti; or
(2) If the board of county commissioners or its designee is unable to
contact the owner of the residential property to obtain his consent, the
board first provides the owner of the property with written notice that is:
(I) Sent by certified mail, return receipt requested; and
(II) Posted on the residential property on which the graffiti will
be covered or from which the graffiti will be removed,
at least 5 days before the officers, employees or other designees of the
county cover or remove the graffiti.
(b) The county shall pay the cost of covering or removing the graffiti
. Sec. 5. 1. The board of county commissioners of a county may
adopt by ordinance procedures pursuant to which the board or its
designee may order an owner of nonresidential property within the
county to cover or remove graffiti that is:
(a) Placed on that nonresidential property; and
(b) Visible from a public right of way,
to protect the public health, safety and welfare of the residents of the
county and to prevent blight upon the community.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property
is:
(1) Sent notice, by certified mail, return receipt requested, of the
existence on his property of graffiti and the date by which he must cover
or remove the graffiti; and
(2) Afforded an opportunity for a hearing and an appeal before the
board or its designee.
(b) Provide that the date specified in the notice by which the owner
must cover or remove the graffiti is tolled for the period during which
the owner requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money
expended for labor and materials used to cover or remove the graffiti if
the owner fails to cover or remove the graffiti.
3. The board or its designee may direct the county to cover or remove
the graffiti and may recover the amount expended by the county for
labor and materials used to cover or remove the graffiti if:
(a) The owner has not requested a hearing within the time prescribed
in the ordinance adopted pursuant to subsection 1 and has failed to
cover or remove the graffiti within the period specified in the notice;
(b) After a hearing in which the owner did not prevail, the owner has
not filed an appeal within the time prescribed in the ordinance adopted
pursuant to subsection 1 and has failed to cover or remove the graffiti
within the period specified in the order; or
(c) The board has denied the appeal of the owner and the owner has
failed to cover or remove the graffiti within the period specified in the
order.
4. In addition to any other reasonable means of recovering money
expended by the county to cover or remove the graffiti, the board may:
(a) Provide that the cost of covering or removing the graffiti is a lien
upon the nonresidential property on which the graffiti was covered or
from which the graffiti was removed; or
(b) Make the cost of covering or removing the graffiti a special
assessment against the nonresidential property on which the graffiti was
covered or from which the graffiti was removed.
5. A lien authorized pursuant to paragraph (a) of subsection 4 must
be perfected by:
(a) Mailing by certified mail a notice of the lien, separately prepared
for each lot affected, addressed to the last known owner of the property
at his last known address, as determined by the real property assessment
roll in the county in which the nonresidential property is located; and
(b) Filing with the county recorder of the county in which the
nonresidential property is located, a statement of the amount due and
unpaid and describing the property subject to the lien.
6. A special assessment authorized pursuant to paragraph (b) of
subsection 4 may be collected at the same time and in the same manner
as ordinary county taxes are collected, and is subject to the same
penalties and the same procedure and sale in case of delinquency as
provided for ordinary county taxes. All laws applicable to the levy,
collection and enforcement of county taxes are applicable to such a
special assessment.
7. As used in this section, “nonresidential property” means all real
property other than residential property. The term does not include real
property owned by a governmental entity.
Sec. 6. NRS 244.3691 is hereby amended to read as follows:
244.3691 As used in this section andNRS 244.3693 and 244.3695,
[“graffiti” means any unauthorized inscription, word, figure or design that
is marked, etched, scratched, drawn or painted on the public or private
property, real or personal, of another, which defaces such property.] and
sections 2 to 5, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 2 and 3 of this act have
the meanings ascribed to them in those sections.
Sec. 7. This act becomes effective upon passage and approval.
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