(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 571–Committee on Government Affairs

 

(On Behalf of Clark County)

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes board of county commissioners to provide by ordinance for covering or removal of certain graffiti on certain types of property. (BDR 20-389)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

~

 

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

 

AN ACT relating to counties; authorizing a board of county commissioners to provide by ordinance for the covering or removal of certain graffiti on certain types of property; 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 244 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  “Graffiti” means any unauthorized inscription, word, figure

1-4  or design that is marked, etched, scratched, drawn or painted on the

1-5  public or private property, real or personal, of another, which defaces

1-6  such property.

1-7    Sec. 3.  “Residential property” means a parcel of land, including all

1-8  structures thereon, that is zoned for single-family residential use.

1-9    Sec. 4.  1.  The board of county commissioners may adopt by

1-10  ordinance procedures pursuant to which officers, employees or other

1-11  designees of the county may cover or remove graffiti that is:

1-12  (a) Placed on the exterior of a fence or wall located on the perimeter

1-13  of residential property; and

1-14  (b) Visible from a public right of way.

1-15  2.  An ordinance adopted pursuant to subsection 1 must provide that:

1-16  (a) Officers, employees or other designees of the county shall not

1-17  cover or remove the graffiti unless:

1-18      (1) The owner of the residential property consents to the covering

1-19  or removal of the graffiti; or

2-1       (2) If the board of county commissioners or its designee is unable to

2-2  contact the owner of the residential property to obtain his consent, the

2-3  board first provides the owner of the property with written notice that is:

2-4         (I) Sent by certified mail, return receipt requested; and

2-5         (II) Posted on the residential property on which the graffiti will

2-6  be covered or from which the graffiti will be removed,

2-7  at least 5 days before the officers, employees or other designees of the

2-8  county cover or remove the graffiti.

2-9    (b) The county shall pay the cost of covering or removing the graffiti.

2-10  Sec. 5.  1.  The board of county commissioners of a county may

2-11  adopt by ordinance procedures pursuant to which the board or its

2-12  designee may order an owner of nonresidential property within the

2-13  county to cover or remove graffiti that is:

2-14  (a) Placed on that nonresidential property; and

2-15  (b) Visible from a public right of way,

2-16  to protect the public health, safety and welfare of the residents of the

2-17  county and to prevent blight upon the community.

2-18  2.  An ordinance adopted pursuant to subsection 1 must:

2-19  (a) Contain procedures pursuant to which the owner of the property

2-20  is:

2-21      (1) Sent notice, by certified mail, return receipt requested, of the

2-22  existence on his property of graffiti and the date by which he must cover

2-23  or remove the graffiti; and

2-24      (2) Afforded an opportunity for a hearing and an appeal before the

2-25  board or its designee.

2-26  (b) Provide that the date specified in the notice by which the owner

2-27  must cover or remove the graffiti is tolled for the period during which the

2-28  owner requests a hearing and receives a decision.

2-29  (c) Provide the manner in which the county will recover money

2-30  expended for labor and materials used to cover or remove the graffiti if

2-31  the owner fails to cover or remove the graffiti.

2-32  3.  The board or its designee may direct the county to cover or remove

2-33  the graffiti and may recover the amount expended by the county for labor

2-34  and materials used to cover or remove the graffiti if:

2-35  (a) The owner has not requested a hearing within the time prescribed

2-36  in the ordinance adopted pursuant to subsection 1 and has failed to cover

2-37  or remove the graffiti within the period specified in the notice;

2-38  (b) After a hearing in which the owner did not prevail, the owner has

2-39  not filed an appeal within the time prescribed in the ordinance adopted

2-40  pursuant to subsection 1 and has failed to cover or remove the graffiti

2-41  within the period specified in the order; or

2-42  (c) The board has denied the appeal of the owner and the owner has

2-43  failed to cover or remove the graffiti within the period specified in the

2-44  order.

2-45  4.  In addition to any other reasonable means of recovering money

2-46  expended by the county to cover or remove the graffiti, the board may:

2-47  (a) Provide that the cost of covering or removing the graffiti is a lien

2-48  upon the nonresidential property on which the graffiti was covered or

2-49  from which the graffiti was removed; or

3-1    (b) Make the cost of covering or removing the graffiti a special

3-2  assessment against the nonresidential property on which the graffiti was

3-3  covered or from which the graffiti was removed.

3-4    5.  A lien authorized pursuant to paragraph (a) of subsection 4 must

3-5  be perfected by:

3-6    (a) Mailing by certified mail a notice of the lien, separately prepared

3-7  for each lot affected, addressed to the last known owner of the property at

3-8  his last known address, as determined by the real property assessment

3-9  roll in the county in which the nonresidential property is located; and

3-10  (b) Filing with the county recorder of the county in which the

3-11  nonresidential property is located, a statement of the amount due and

3-12  unpaid and describing the property subject to the lien.

3-13  6.  A special assessment authorized pursuant to paragraph (b) of

3-14  subsection 4 may be collected at the same time and in the same manner

3-15  as ordinary county taxes are collected, and is subject to the same

3-16  penalties and the same procedure and sale in case of delinquency as

3-17  provided for ordinary county taxes. All laws applicable to the levy,

3-18  collection and enforcement of county taxes are applicable to such a

3-19  special assessment.

3-20  7.  As used in this section, “nonresidential property” means all real

3-21  property other than residential property. The term does not include real

3-22  property owned by a governmental entity.

3-23  Sec. 6.  NRS 244.3691 is hereby amended to read as follows:

3-24    244.3691  As used in this section andNRS 244.3693 and 244.3695,

3-25  [“graffiti” means any unauthorized inscription, word, figure or design that

3-26  is marked, etched, scratched, drawn or painted on the public or private

3-27  property, real or personal, of another, which defaces such property.] and

3-28  sections 2 to 5, inclusive, of this act, unless the context otherwise

3-29  requires, the words and terms defined in sections 2 and 3 of this act have

3-30  the meanings ascribed to them in those sections.

3-31  Sec. 7.  This act becomes effective upon passage and approval.

 

3-32  H