Assembly Bill No. 135–Committee on
Government Affairs

 

(On Behalf of the City of Las Vegas)

 

February 14, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing authority of governing body of city to abate certain nuisances and dangerous and noxious conditions. (BDR 21‑460)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to cities; revising the provisions governing the authority of the governing body of a city to abate certain dangerous conditions; revising the manner in which the governing body of a city may recover money expended in abating certain nuisances and dangerous and noxious conditions; 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 268.4122 is hereby amended to read as

1-2  follows:

1-3  268.4122  1.  The [city council] governing body of a city may

1-4  adopt by ordinance procedures pursuant to which the [council]

1-5  governing body or its designee may order an owner of property

1-6  within the city to:

1-7  (a) Repair, safeguard or [demolish] eliminate a dangerous

1-8  structure[;] or condition;

1-9  (b) Clear debris, rubbish and refuse which is not subject to the

1-10  provisions of chapter 459 of NRS; or

1-11      (c) Clear weeds and noxious plant growth,

2-1  to protect the public health, safety and welfare of the residents of the

2-2  city.

2-3  2.  An ordinance adopted pursuant to subsection 1 must:

2-4  (a) Contain procedures pursuant to which the owner of the

2-5  property is:

2-6       (1) Sent a notice, by certified mail, return receipt requested,

2-7  of the existence on his property of a condition set forth in subsection

2-8  1 and the date by which he must abate the condition; and

2-9       (2) Afforded an opportunity for a hearing before the designee

2-10  of the [council] governing body and an appeal of that decision . [to

2-11  the council.] The ordinance must specify whether all such appeals

2-12  are to be made to the governing body or to a court of competent

2-13  jurisdiction.

2-14      (b) Provide that the date specified in the notice by which the

2-15  owner must abate the condition is tolled for the period during which

2-16  the owner requests a hearing and receives a decision.

2-17      (c) Provide the manner in which the city will recover money

2-18  expended for labor and materials used to abate the condition on the

2-19  property if the owner fails to abate the condition.

2-20      (d) Provide for civil penalties for each day that the owner did

2-21  not abate the condition after the date specified in the notice by

2-22  which the owner was requested to abate the condition.

2-23      3.  The [council] governing body or its designee may direct the

2-24  city to abate the condition on the property and may recover the

2-25  amount expended by the city for labor and materials used to abate

2-26  the condition if:

2-27      (a) The owner has not requested a hearing within the time

2-28  prescribed in the ordinance adopted pursuant to subsection 1 and has

2-29  failed to abate the condition on his property within the period

2-30  specified in the notice;

2-31      (b) After a hearing in which the owner did not prevail, the owner

2-32  has not filed an appeal within the time prescribed in the ordinance

2-33  adopted pursuant to subsection 1 and has failed to abate the

2-34  condition within the period specified in the order; or

2-35      (c) The [council] governing body or a court of competent

2-36  jurisdiction has denied the appeal of the owner and the owner has

2-37  failed to abate the condition within the period specified in the order.

2-38      4.  In addition to any other reasonable means of recovering

2-39  money expended by the city to abate the condition, the [council may

2-40  provide that] governing body may make the expense [is a lien upon]

2-41  a special assessment against the property upon which [such a] the

2-42  condition is or was located. The [lien must be perfected by:

2-43      (a) Mailing by certified mail a notice of the lien, separately

2-44  prepared for each lot affected, addressed to the last known owner of

2-45  the property at his last known address, as determined by the real

3-1  property assessment roll in the county in which the property is

3-2  located; and

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

3-4  property is located, a statement of the amount due and unpaid and

3-5  describing the property subject to the lien.] special assessment may

3-6  be collected at the same time and in the same manner as ordinary

3-7  county taxes are collected, and is subject to the same penalties and

3-8  the same procedure and sale in case of delinquency as provided

3-9  for ordinary county taxes. All laws applicable to the levy,

3-10  collection and enforcement of county taxes are applicable to such

3-11  a special assessment.

3-12      5.  As used in this section, “dangerous structure or condition”

3-13  means a structure or condition that may cause injury to or

3-14  endanger the health, life, property or safety of the general public

3-15  or the occupants, if any, of the real property on which the

3-16  structure or condition is located. The term includes, without

3-17  limitation, a structure or condition that:

3-18      (a) Does not meet the requirements of a code or regulation

3-19  adopted pursuant to NRS 268.413 with respect to minimum levels

3-20  of health or safety; or

3-21      (b) Violates an ordinance, rule or regulation regulating health

3-22  and safety enacted, adopted or passed by the governing body of a

3-23  city, the violation of which is designated as a nuisance in the

3-24  ordinance, rule or regulation.

3-25      Sec. 2.  NRS 268.4124 is hereby amended to read as follows:

3-26      268.4124  1.  [Each city council] The governing body of a city

3-27  may, by ordinance, to protect the public health, safety and welfare

3-28  of the residents of the city, adopt procedures pursuant to which the

3-29  city attorney may file an action in a court of competent jurisdiction

3-30  to:

3-31      (a) Seek the abatement of a chronic nuisance that is located or

3-32  occurring within the city;

3-33      (b) If applicable, seek the closure of the property where the

3-34  chronic nuisance is located or occurring; and

3-35      (c) If applicable, seek penalties against the owner of the property

3-36  within the city and any other appropriate relief.

3-37      2.  An ordinance adopted pursuant to subsection 1 must:

3-38      (a) Contain procedures pursuant to which the owner of the

3-39  property is:

3-40          (1) Sent notice, by certified mail, return receipt requested, by

3-41  the city police or other person authorized to issue a citation , of the

3-42  existence on his property of two or more nuisance activities and the

3-43  date by which he must abate the condition to prevent the matter

3-44  from being submitted to the city attorney for legal action; and

4-1       (2) Afforded an opportunity for a hearing before a court of

4-2  competent jurisdiction.

4-3  (b) Provide that the date specified in the notice by which the

4-4  owner must abate the condition is tolled for the period during which

4-5  the owner requests a hearing and receives a decision.

4-6  (c) Provide the manner in which the city will recover money

4-7  expended for labor and materials used to abate the condition on the

4-8  property if the owner fails to abate the condition.

4-9  3.  If the court finds that a chronic nuisance exists and

4-10  emergency action is necessary to avoid immediate threat to the

4-11  public health, welfare or safety, the court shall order the city to

4-12  secure and close the property for a period not to exceed 1 year or

4-13  until the nuisance is abated, whichever occurs first, and may:

4-14      (a) Impose a civil penalty of not more than $500 per day for

4-15  each day that the condition was not abated after the date specified in

4-16  the notice by which the owner was required to abate the condition;

4-17      (b) Order the owner to pay the city for the cost incurred by the

4-18  city in abating the condition;

4-19      (c) If applicable, order the owner to pay reasonable expenses for

4-20  the relocation of any tenants who are affected by the chronic

4-21  nuisance; and

4-22      (d) Order any other appropriate relief.

4-23      4.  In addition to any other reasonable means authorized by the

4-24  court for the recovery of money expended by the city to abate the

4-25  chronic nuisance, the [council may provide that] governing body

4-26  may make the expense [is a lien upon] a special assessment against

4-27  the property upon which [such a] the chronic nuisance is or was

4-28  located or occurring. The [lien must be perfected by:

4-29      (a) Mailing by certified mail a notice of the lien, separately

4-30  prepared for each lot affected, addressed to the last known owner of

4-31  the property at his last known address, as determined by the real

4-32  property assessment roll in the county in which the property is

4-33  located; and

4-34      (b) Filing with the county recorder of the county in which the

4-35  property is located, a statement of the amount due and unpaid and

4-36  describing the property subject to the lien.] special assessment may

4-37  be collected at the same time and in the same manner as ordinary

4-38  county taxes are collected, and is subject to the same penalties and

4-39  the same procedure and sale in case of delinquency as provided

4-40  for ordinary county taxes. All laws applicable to the levy,

4-41  collection and enforcement of county taxes are applicable to such

4-42  a special assessment.

4-43      5.  As used in this section:

4-44      (a) A “chronic nuisance” exists:

5-1       (1) When three or more nuisance activities exist or have

5-2  occurred during any 30-day period on the property;

5-3       (2) When a person associated with the property has engaged

5-4  in three or more nuisance activities during any 30-day period on the

5-5  property or within 100 feet of the property;

5-6       (3) When the property has been the subject of a search

5-7  warrant based on probable cause of continuous or repeated

5-8  violations of chapter 459 of NRS; or

5-9       (4) When a building or place is used for the purpose of

5-10  unlawfully selling, serving, storing, keeping, manufacturing, using

5-11  or giving away a controlled substance, immediate precursor as

5-12  defined in NRS 453.086 or controlled substance analog as defined in

5-13  NRS 453.043.

5-14      (b) “Nuisance activity” means:

5-15          (1) Criminal activity;

5-16          (2) The presence of debris, litter, garbage, rubble, abandoned

5-17  or junk vehicles or junk appliances;

5-18          (3) Excessive noise and violations of curfew; or

5-19          (4) Any other activity, behavior or conduct defined by the

5-20  [board] governing body to constitute a public nuisance.

5-21      (c) “Person associated with the property” means a person who,

5-22  on the occasion of a nuisance activity, has:

5-23          (1) Entered, patronized or visited;

5-24          (2) Attempted to enter, patronize or visit; or

5-25          (3) Waited to enter, patronize or visit,

5-26  a property or a person present on the property.

5-27      Sec. 3.  NRS 268.4126 is hereby amended to read as follows:

5-28      268.4126  1.  The governing body of each city which is

5-29  located in a county whose population is 100,000 or more may, by

5-30  ordinance, to protect the public health, safety and welfare of the

5-31  residents of the city, adopt procedures pursuant to which the city

5-32  attorney may file an action in a court of competent jurisdiction to

5-33  seek:

5-34      (a) The abatement of an abandoned nuisance that is located or

5-35  occurring within the city;

5-36      (b) The repair, safeguarding or demolition of any structure or

5-37  property where an abandoned nuisance is located or occurring

5-38  within the city;

5-39      (c) Authorization for the city to take the actions described in

5-40  paragraphs (a) and (b);

5-41      (d) Civil penalties against an owner of any structure or property

5-42  where an abandoned nuisance is located or occurring within the city;

5-43  and

5-44      (e) Any other appropriate relief.

5-45      2.  An ordinance adopted pursuant to subsection 1 must:

6-1  (a) Contain procedures pursuant to which the owner of the

6-2  property is:

6-3       (1) Sent notice, by certified mail, return receipt requested, by

6-4  a person authorized by the city to issue a citation , of the existence

6-5  on his property of three or more abandoned nuisance activities and

6-6  the date by which he must abate the abandoned nuisance to prevent

6-7  the matter from being submitted to the city attorney for legal action;

6-8  and

6-9       (2) Afforded an opportunity for a hearing before a court of

6-10  competent jurisdiction.

6-11      (b) Provide that the date specified in the notice by which the

6-12  owner must abate the abandoned nuisance is tolled for the period

6-13  during which the owner requests a hearing and receives a decision.

6-14      (c) Provide the manner in which the city will, if the owner fails

6-15  to abate the abandoned nuisance, recover money expended for labor

6-16  and materials used to:

6-17          (1) Abate the abandoned nuisance on the property; or

6-18          (2) If applicable, repair, safeguard or demolish a structure or

6-19  property where the abandoned nuisance is located or occurring.

6-20      3.  If the court finds that an abandoned nuisance exists, the

6-21  court shall order the owner of the property to abate the abandoned

6-22  nuisance or repair, safeguard or demolish any structure or property

6-23  where the abandoned nuisance is located or occurring, and may:

6-24      (a) If applicable, order the owner of the property to pay

6-25  reasonable expenses for the relocation of any tenants who occupy

6-26  the property legally and who are affected by the abandoned

6-27  nuisance;

6-28      (b) If the owner of the property fails to comply with the order:

6-29          (1) Direct the city to abate the abandoned nuisance or repair,

6-30  safeguard or demolish any structure or property where the

6-31  abandoned nuisance is located or occurring; and

6-32          (2) Order the owner of the property to pay the city for the

6-33  cost incurred by the city in taking the actions described in

6-34  subparagraph (1); and

6-35      (c) Order any other appropriate relief.

6-36      4.  In addition to any other reasonable means authorized by the

6-37  court for the recovery of money expended by the city to abate the

6-38  abandoned nuisance, the governing body of the city may [provide

6-39  that] make the expense [is a lien upon] a special assessment against

6-40  the property upon which [such an] the abandoned nuisance is or was

6-41  located or occurring. The [lien must be perfected by:

6-42      (a) Mailing by certified mail a notice of the lien, separately

6-43  prepared for each lot affected, addressed to the last known owner of

6-44  the property at his last known address, as determined by the real

7-1  property assessment roll in the county in which the property is

7-2  located; and

7-3  (b) Filing with the county recorder of the county in which the

7-4  property is located, a statement of the amount due and unpaid and

7-5  describing the property subject to the lien.] special assessment may

7-6  be collected at the same time and in the same manner as ordinary

7-7  county taxes are collected, and is subject to the same penalties and

7-8  the same procedure and sale in case of delinquency as provided

7-9  for ordinary county taxes. All laws applicable to the levy,

7-10  collection and enforcement of county taxes are applicable to such

7-11  a special assessment.

7-12      5.  As used in this section:

7-13      (a) An “abandoned nuisance” exists on any property where a

7-14  building or other structure is located on the property, the property is

7-15  located in a city that is in a county whose population is 100,000 or

7-16  more, the property has been vacant or substantially vacant for 2

7-17  years or more and:

7-18          (1) Three or more abandoned nuisance activities exist or

7-19  have occurred on the property during any 12-month period; or

7-20          (2) A person associated with the property has caused or

7-21  engaged in three or more abandoned nuisance activities during any

7-22  12-month period on the property or within 100 feet of the property.

7-23      (b) “Abandoned nuisance activity” means:

7-24          (1) Instances of unlawful breaking and entering or occupancy

7-25  by unauthorized persons;

7-26          (2) The presence of graffiti, debris, litter, garbage, rubble,

7-27  abandoned materials, inoperable vehicles or junk appliances;

7-28          (3) The presence of unsanitary conditions or hazardous

7-29  materials;

7-30          (4) The lack of adequate lighting, fencing or security;

7-31          (5) Indicia of the presence or activities of gangs;

7-32          (6) Environmental hazards;

7-33          (7) Violations of city codes, ordinances or other adopted

7-34  policy; or

7-35          (8) Any other activity, behavior, conduct or condition

7-36  defined by the governing body of the city to constitute a threat to the

7-37  public health, safety or welfare of the residents of or visitors to the

7-38  city.

7-39      (c) “Person associated with the property” means a person who,

7-40  on the occasion of an abandoned nuisance activity, has:

7-41          (1) Entered, patronized or visited;

7-42          (2) Attempted to enter, patronize or visit; or

7-43          (3) Waited to enter, patronize or visit,

7-44  a property or a person present on the property.

 

8-1  Sec. 4.  This act becomes effective on July 1, 2003.

 

8-2  H