NRS268.4126. Abatement of abandoned nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

      1.  The governing body of each city which is located in a county whose population is 100,000 or more 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 seek:

      (a) The abatement of an abandoned nuisance that is located or occurring within the city;

      (b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

      (c) Authorization for the city to take the actions described in paragraphs (a) and (b);

      (d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

      (e) 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 a person authorized by the city to issue a citation, of the existence on the property of two or more abandoned nuisance activities and the date by which the owner must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action.

             (2) If the abandoned 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 abandoned 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 abandoned nuisance 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, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

             (1) Abate the abandoned nuisance on the property; or

             (2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

      3.  If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, 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 abandoned nuisance was not abated after the date specified in the notice by which the owner was required to abate the abandoned nuisance;

      (b) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

      (c) If the owner of the property fails to comply with the order:

             (1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

             (2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); 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 abandoned nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body of the city or its designee may make the expense and civil penalties a special assessment against the property upon which the abandoned 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 abandoned 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 abandoned 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) An “abandoned nuisance” exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 12 months or more and:

             (1) Two or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

             (2) A person associated with the property has caused or engaged in two or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.

      (b) “Abandoned nuisance activity” means:

             (1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;

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

             (3) The presence of unsanitary conditions or hazardous materials;

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

             (5) Indicia of the presence or activities of gangs;

             (6) Environmental hazards;

             (7) Violations of city codes, ordinances or other adopted policy; or

             (8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the public health, safety or welfare of the residents of or visitors to the city.

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

      (d) “Person associated with the property” means a person who, on the occasion of an abandoned 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.

      (e) “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 2001, 3103; A 2003, 790; 2005, 565; 2011, 3119; 2013, 355)