NRS268.4124. Abatement of chronic nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

      1.  The governing body of a city 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:

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

      (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 city 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 notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation, of the existence on the property of two or more nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the city attorney for legal action.

             (2) If the nuisance is not an immediate danger to the public health, safety and welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the 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 city will recover money expended for labor and materials used 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 emergency action is necessary to avoid immediate threat to the public health, welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, 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 city for the cost incurred by the city in abating the condition;

      (c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and

      (d) 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 chronic nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the chronic nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      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 governing body 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 governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body 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 30-day period on the property.

             (2) When a person associated with the property has engaged in three or more nuisance activities during any 30-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) Excessive noise and violations of curfew; or

             (4) Any other activity, behavior or conduct defined by the governing body to constitute a public nuisance.

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

             (1) Entered, patronized or visited;

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

             (3) Waited to enter, patronize or visit,

Ê a 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, 1470; A 2003, 788; 2007, 3133; 2011, 3116; 2013, 352)