Assembly Bill No. 63–Assemblyman Perkins
Prefiled February 2, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing maintenance of
landscaping, public lighting and security walls in subdivisions and planned
unit developments. (BDR 22‑994)
FISCAL NOTE: Effect on Local Government:
No.
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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).
AN ACT relating to real property; revising the provisions governing the maintenance of
landscaping, public lighting and security walls in subdivisions and planned
unit developments; 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. NRS 278.4787
is hereby amended to read as follows:
1-2 278.4787 1. A person who proposes to divide land for
transfer or
1-3 development into four or
more lots pursuant to NRS 278.360 to 278.460,
1-4 inclusive, or chapter 278A
of NRS, may, in lieu of providing for the
1-5 creation of an association
for a common-interest community, request the
1-6 governing body of the
jurisdiction in which the land is located to assume
1-7 the maintenance of one or
more of the following improvements located on
1-8 the land:
1-9 (a) Landscaping;
1-10 (b) Public lighting; and
1-11 (c) Security walls.
1-12 2. A request made pursuant
to subsection 1 must be made in the form
1-13 of a petition signed by a
majority of the owners whose property will be
1-14 assessed pursuant to
subsection 3 and must set forth descriptions of all
1-15 tracts of land that would be
subject to such an assessment.
1-16 3. Upon receipt of the
petition, the governing body shall [determine
1-17 the desirability of assuming the maintenance of the proposed
1-18 improvements. If the governing body determines that it would be
desirable
1-19 to assume the maintenance of the improvements, the governing body
shall]
1-20 by ordinance:
2-1 (a) Create a maintenance district or unit of assessment consisting
of the
2-2 tracts of land set forth in
the petition.
2-3 (b) Establish the method for determining the amount of an
assessment
2-4 for the cost of the
maintenance assumed by the governing body and the
2-5 time and manner of payment
of the assessment.
2-6 (c) Provide that the assessment constitutes a lien upon the tracts
of land
2-7 or residential units
thereon. The lien must be executed, and has the same
2-8 priority, as a lien for
property taxes.
2-9 (d) Prescribe the levels of maintenance to be provided.
2-10 (e) Determine the amount by which the public interest will benefit
from
2-11 the provision of the
maintenance and allocate to the cost of providing the
2-12 maintenance the appropriate
amount of public money to pay for that part of
2-13 the maintenance which
creates the public benefit.
2-14 (f) Address any other matters that the governing body determines to
be
2-15 relevant to the maintenance
of the improvements.
2-16 4. The governing body shall record in the office of the county
2-17 recorder for the county in which the affected tracts of land are
located a
2-18 notice of the creation of the maintenance district or unit of
assessment
2-19 that is sufficient to advise the owners of the tracts of land that the
tracts
2-20 of land are subject to the assessment.
2-21 5. The provisions of this section apply retroactively
to a development
2-22 with respect to which:
2-23 (a) An agreement or agreements between the owners of tracts of land
2-24 within the development and
the developer allow for the provision of
2-25 services in the manner set
forth in this section; or
2-26 (b) All of the owners of affected tracts of land agree in writing
to be
2-27 bound by the provisions of
this section.
2-28 Sec. 2. NRS 278.4789 is hereby amended to read as follows:
2-29 278.4789 1. If a person who proposes to divide land for
transfer or
2-30 development into four or
more lots pursuant to NRS 278.360 to 278.460,
2-31 inclusive, or chapter 278A
of NRS, decides to provide for the maintenance
2-32 of landscaping, public
lighting or security walls, or any combination
2-33 thereof, through an
association for a common-interest community, the
2-34 governing body of the
jurisdiction in which the land is located may, as a
2-35 condition of the approval of
[any final] a tentative map related to the
2-36 proposal for the transfer or
development of the land, require the association
2-37 to [adopt]
enter into a binding agreement
with the governing body. The
2-38 agreement must set forth a plan for the maintenance of the improvements
2-39 located on the land. The
plan must include the proposed level of
2-40 maintenance to be provided. The association shall provide a copy of
the
2-41 agreement to all owners and purchasers of land within the
jurisdiction of
2-42 the association. The agreement may not be terminated or amended
2-43 without the approval of the governing body.
2-44 2. If the association fails
to maintain the improvements in the manner
2-45 set forth in the plan, the
governing body may serve written notice upon the
2-46 association, setting forth
the manner in which the association has failed to
2-47 maintain the improvements.
The notice must:
2-48 (a) Include a demand that the deficiencies of maintenance be cured
2-49 within 30 days after receipt
of the notice; and
3-1 (b) State the date, time and place of a hearing to be held
regarding the
3-2 deficiencies of maintenance.
The hearing must be held within 14 days after
3-3 the receipt of the notice.
3-4 The governing body shall
provide to each owner of an affected tract of land
3-5 a copy of the notice served
upon the association pursuant to this
3-6 subsection.
3-7 3. At a hearing conducted
pursuant to this section, the governing body
3-8 may:
3-9 (a) Modify the terms of the original notice served pursuant to
subsection
3-10 2; and
3-11 (b) Provide an extension of time within which the deficiencies of
3-12 maintenance may be cured.
3-13 4. If the deficiencies in
maintenance are not cured within 30 days after
3-14 the receipt of the notice or
any extension of time provided pursuant to
3-15 subsection 3, the governing
body or its authorized agent may:
3-16 (a) Enter the land on which the improvements are located and
maintain
3-17 the improvements for a
period of not more than 1 year; and
3-18 (b) Assess the affected tracts of land to recover the cost of the
3-19 maintenance.
3-20 5. Entry and maintenance
authorized pursuant to subsection 4 does not
3-21 authorize a member of the
public to use the improvements unless the land
3-22 on which the improvements
are located has been dedicated to and accepted
3-23 by the governing body.
3-24 6. Before the expiration of
the period of maintenance required
3-25 pursuant to subsection 4,
the local government, on its own motion or upon
3-26 request of the association,
shall hold a public hearing at which the owners
3-27 of the affected tracts of
land and the association may show cause why the
3-28 governing body or its
authorized agent need not continue to maintain the
3-29 improvements that are
located on the affected tracts of land.
3-30 7. After a hearing
conducted pursuant to subsection 6, the governing
3-31 body shall determine whether
the association is ready and able to maintain
3-32 the improvements that are
located on the affected tracts of land in the
3-33 manner required by the plan.
If the governing body determines that the
3-34 association is ready and
able to maintain the improvements, the governing
3-35 body shall cease its
maintenance of the affected tracts of land at the end of
3-36 the period. If the governing
body determines that the association is not
3-37 ready and able to maintain
the improvements, the governing body may
3-38 continue the maintenance of
the improvements located on the affected
3-39 tracts of land during the
next succeeding year, subject to a similar hearing
3-40 and determination in each
year thereafter.
3-41 8. Any decision made by the
governing body pursuant to this section
3-42 constitutes a final decision
for the purpose of judicial review.
3-43 H