2001 REGULAR SESSION (71st)                                                                       A AB131 R1 941

Amendment No. 941

 

 

 

     Amend the bill as a whole by renumbering sections 1 through 4 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If a board of county commissioners determines that a nuisance or other condition described in NRS 244.3601, 244.3603 or 244.3605 requires the relocation of tenants, the board may arrange for the relocation of the tenants and may, in accordance with subsection 2, recover the cost of such relocation from the person determined by the board to be primarily responsible for creating the nuisance or other condition that required the relocation of the tenants.

     2.  Before a board of county commissioners recovers from a person the cost of relocating tenants, the board shall:

     (a) Send notice, by certified mail, return receipt requested, to the person from whom the board seeks to recover the cost of the relocation, setting forth the date by which the person must remit payment to the county; and

     (b) Afford the person from whom the board seeks to recover the cost of the relocation an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.

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The date specified in the notice by which the person must remit payment to the county is tolled for the period during which the person requests a hearing and receives a decision.

     3.  If a person appeals the decision of the designee to the board as described in paragraph (b) of subsection 2 and is aggrieved by the determination of the board, the person may, within 30 days after the making of the determination, appeal to the district court of the county. A judicial review authorized pursuant to this subsection must be limited to whether the determination was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.”.

     Amend section 1, pages 1 and 2, by deleting lines 5 through 9 on page 1 and lines 1 through 4 on page 2, and inserting:

“that [is determined to be an imminent danger to the surrounding neighborhood by] at least three persons [appointed by the board] who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department [.] determine in a signed, written statement to be an imminent danger to the surrounding neighborhood. The owner of the property on which the structure or condition is located must be given reasonable written notice [at least 72 hours] that is:

     (a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or

     (b) Posted on the property,

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before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

     2.  The costs of securing the structure or condition may be made”.

     Amend sec. 2, page 2, by deleting lines 39 through 43 and inserting:

“propertyif the owner fails to abate the condition.

     3.  If the court finds that a chronic nuisance exists and [emergency] action is necessary to avoid [immediate] serious threat to the public welfare or the safety [,] or health of the occupants of the property, the court [shall] may order the county to secure and close the property”.

     Amend sec. 2, page 3, by deleting lines 2 and 3 and inserting:

“county in abating the condition; and”.

     Amend sec. 3, page 4, by deleting lines 25 and 26 and inserting:

“property if the owner fails to abate the condition.”.

     Amend the bill as a whole by adding a new section designated sec. 6, following sec. 4, to read as follows:

     “Sec. 6. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

     (a) The abatement of an abandoned nuisance that is located or occurring within the city;

     (b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

     (c) Authorization for the city to take the actions described in paragraphs (a) and (b);

     (d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

     (e) Any other appropriate relief.

     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, by a person authorized by the city to issue a citation of the existence on his property of three or more abandoned nuisance activities and the date by which he must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action; and

          (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

     (b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

     (c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

          (1) Abate the abandoned nuisance on the property; or

          (2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

     3.  If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

     (a) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

     (b) If the owner of the property fails to comply with the order:

          (1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

          (2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

     (c) Order any other appropriate relief.

     4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance, the governing body of the city may provide that the expense is a lien upon the property upon which such an abandoned nuisance is located or occurring. The lien 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 property is located; and

     (b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.

     5.  As used in this section:

     (a) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 2 years or more and:

          (1) Three or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

          (2) A person associated with the property has caused or engaged in three or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.

     (b) “Abandoned nuisance activity” means:

          (1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;

          (2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;

          (3) The presence of unsanitary conditions or hazardous materials;

          (4) The lack of adequate lighting, fencing or security;

          (5) Indicia of the presence or activities of gangs;

          (6) Environmental hazards;

          (7) Violations of city codes, ordinances or other adopted policy; or

          (8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the health, safety or welfare of the residents of or visitors to the city.

     (c) “Person associated with the property” means a person who, on the occasion of an abandoned nuisance activity, has:

          (1) Entered, patronized or visited;

          (2) Attempted to enter, patronize or visit; or

          (3) Waited to enter, patronize or visit,

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a property or a person present on the property.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to local governments; expanding the authority of the board of county commissioners of a county to abate nuisances, dangerous structures and dangerous conditions; authorizing the recovery of any applicable costs for the relocation of tenants incurred by the county in abating certain conditions; providing that a board of county commissioners may levy a special assessment to collect costs incurred by the county in abating certain conditions instead of imposing a lien; authorizing a board of county commissioners to adopt certain housing codes; expanding the authority of the governing body of certain cities to abate certain types of nuisances; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY¾Expands authority of counties and cities to abate certain conditions on real property. (BDR 22‑149)”.