NRS548.445. Petition to district court to require observance.

      1.  Where the Commission shall find that any of the provisions of land use regulations prescribed in an ordinance adopted in accordance with the provisions of NRS 548.410 to 548.435, inclusive, are not being observed on particular lands, and that such nonobservance tends to increase erosion on other lands and is interfering with the prevention or control of erosion on other lands within a land use district, the Commission may present to the district court having jurisdiction a petition, duly verified:

      (a) Setting forth the adoption of the ordinance prescribing land use regulations, the failure of the defendant land occupier to observe such regulations, and to perform particular work, operations or avoidances as required thereby, and that such nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the land use district; and

      (b) Praying the court to require the defendant to perform the work, operations or avoidances within a reasonable time and to order that, if the defendant shall fail so to perform, the Commission may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations, and recover the costs and expenses thereof, with interest, from the occupier of such land.

      2.  In all cases where the person, in possession of lands, who shall fail to perform such work, operations or avoidances shall not be the owner, the owner of such lands shall be joined as a party defendant.

      [Part 11:212:1937; 1931 NCL § 6870.11]—(NRS A 1973, 759)