NRS244.3603. Abatement of chronic nuisances: Adoption and contents of ordinance; closure of property by court order; civil penalties; special assessment against property to recover costs of abatement.

      1.  Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:

      (a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;

      (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

      (c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and 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 a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on the owner’s property of nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the district attorney for legal action.

             (2) If the chronic nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the chronic nuisance.

             (3) 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 condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the county will recover money expended to abate the condition on the property if the owner fails to abate the condition.

      3.  If the court finds that a chronic nuisance exists and action is necessary to avoid serious threat to the public welfare or the safety or health of the occupants of the property, the court may order the county to secure and close the property until the nuisance is abated and may:

      (a) Impose a civil penalty:

             (1) If the property is nonresidential property, of not more than $750 per day; or

             (2) If the property is residential property, of not more than $500 per day,

Ê for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

      (b) Order the owner to pay the county for the cost incurred by the county in abating the condition; 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 county to abate the chronic nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the board or its designee may make the expense and civil penalties a special assessment against the property upon which the chronic nuisance is located or occurring. The special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

      5.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the board or its designee unless:

      (a) At least 180 days have elapsed after the date specified in the order of the court by which the owner must abate the chronic nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the chronic nuisance, whichever is later;

      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

      6.  If a designee of the board imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the board at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

      (a) The street address or assessor’s parcel number of the property;

      (b) The name of each owner of record of the property as of the date of the assessment; and

      (c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

      7.  As used in this section:

      (a) A “chronic nuisance” exists:

             (1) When three or more nuisance activities exist or have occurred during any 90-day period on the property.

             (2) When a person associated with the property has engaged in three or more nuisance activities during any 90-day period on the property or within 100 feet of the property.

             (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS.

             (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog.

             (5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

                   (I) The building or place has not been deemed safe for habitation by a governmental entity; or

                   (II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      (b) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711.

      (c) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (d) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (e) “Nuisance activity” means:

            (1) Criminal activity;

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

             (3) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property;

             (4) Excessive noise and violations of curfew; or

             (5) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.

      (f) “Person associated with the property” means:

             (1) The owner of the property;

             (2) The manager or assistant manager of the property;

             (3) The tenant of the property; or

             (4) A person who, on the occasion of a nuisance activity, has:

                   (I) Entered, patronized or visited;

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

                   (III) Waited to enter, patronize or visit,

Ê the property or a person present on the property.

      (g) “Residential property” means:

             (1) Improved real estate that consists of not more than four residential units;

             (2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

             (3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

      (Added to NRS by 1997, 1466; A 2001, 3100; 2007, 3131; 2011, 3122; 2013, 358)