NRS489.291. Enforcement of statutes and regulations: Notice of violation; penalty; liability for costs of enforcement.

      1.  If the Administrator finds a violation of this chapter or of the prohibition in NRS 118B.140 against charging or receiving an entrance or exit fee, or of any regulation adopted pursuant to this chapter, the Administrator may issue a notice of violation to the person alleged to have violated the provision. The notice of violation must set forth the violation which the Administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken. If the person is alleged to have violated the prohibition in NRS 118B.140 against charging or receiving an entrance or exit fee, the notice of violation must specify that the fee be repaid in full, and may specify any other corrective action which the Administrator deems necessary.

      2.  Any person who fails to take the corrective action required in a notice of violation is guilty of a misdemeanor and the Administrator may:

      (a) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance;

      (b) Request that the district attorney of the county in which the violation is alleged to have occurred prosecute the person for the violation;

      (c) If the person is alleged to have violated the prohibition in NRS 118B.140 against charging or receiving an entrance or exit fee, assess a penalty against the person equal to three times the amount of the fee which was charged or received; or

      (d) If the person is alleged to have violated NRS 489.311 and while acting without a license is alleged to have caused damage to a mobile home, manufactured home or commercial coach, require that the person reimburse the owner of the mobile home, manufactured home or commercial coach for the cost of repairing such damage and assess a penalty against that person equal to the estimated cost of such repairs.

      3.  The assessment of a penalty pursuant to paragraph (c) or (d) of subsection 2 is a contested case.

      4.  Any person who is found to have violated a provision of this chapter, the prohibition in NRS 118B.140 against charging or receiving an entrance or exit fee, or a regulation adopted pursuant to this chapter, is liable for the cost incurred by the Division in enforcing the provision or regulation.

      (Added to NRS by 1981, 1852; A 1985, 344; 1997, 211)