Assembly Bill No. 390–Assemblymen Parks, Manendo, Arberry, Buckley, Chowning, Goldwater, Griffin, Horne, Leslie, McClain, McCleary and Pierce
(by request)

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to duties and liability of owner of property relating to sidewalks in public right-of-way abutting his property. (BDR 22‑965)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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 real property; prohibiting a governing body from requiring an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his property except in certain circumstances; providing certain limitations on the civil liability of an owner of property with respect to such sidewalks; 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 278 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 2, a governing

1-4  body shall not require an owner of property to maintain,

1-5  reconstruct or repair a sidewalk in a public right-of-way that abuts

1-6  his property.

1-7  2.  The provisions of subsection 1 do not prohibit a governing

1-8  body from:

1-9  (a) Imposing an assessment or other charge authorized by law

1-10  for any reconstruction or repair of a sidewalk that the governing

1-11  body causes to be performed within a public right-of-way;

2-1  (b) Requiring any reconstruction or repair of a sidewalk as a

2-2  condition of approval for a change in the use of the land;

2-3  (c) Requiring an owner of property to maintain a sidewalk in a

2-4  public right-of-way that abuts his property if the sidewalk was

2-5  constructed pursuant to standards that exceed the general

2-6  standards of the governing body for sidewalks; or

2-7  (d) Requiring, by ordinance, owners of property to be

2-8  responsible for:

2-9       (1) The repair and reconstruction of a sidewalk in the

2-10  public right-of-way that abuts the property of the owner if the

2-11  owner caused the need for such repair or reconstruction.

2-12          (2) The general maintenance of a sidewalk in the public

2-13  right-of-way that abuts the property of the owner, including,

2-14  without limitation, sweeping, removal of snow, ice and weeds, and

2-15  maintenance of any grass, shrubs or trees that encroach on the

2-16  sidewalk.

2-17      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-18      278.010  As used in NRS 278.010 to 278.630, inclusive, and

2-19  section 1 of this act, unless the context otherwise requires, the

2-20  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-21  have the meanings ascribed to them in those sections.

2-22      Sec. 3.  Chapter 41 of NRS is hereby amended by adding

2-23  thereto a new section to read as follows:

2-24      No person who owns property is liable in a civil action for any

2-25  injury or damage that occurs as a result of the use of a sidewalk in

2-26  a public right-of-way that abuts his property, unless he:

2-27      1.  Failed to comply with an ordinance adopted pursuant to

2-28  paragraph (d) of subsection 2 of section 1 of this act; or

2-29      2.  Created a dangerous condition that caused the injury or

2-30  damage.

2-31      Sec. 4.  This act becomes effective upon passage and approval.

 

2-32  H