Chapter 8.04
NUISANCES
Sections:
8.04.020 Duty of maintaining property.
8.04.030 Written complaint and investigation of alleged nuisance.
8.04.040 Setting a nuisance hearing.
8.04.050 Notice to property owner and occupant.
8.04.080 Assessment of costs of abatement.
8.04.090 Collection of the special assessment.
8.04.100 Legal action to abate nuisance.
8.04.010 Nuisances defined.
For the purposes of this chapter, the term “nuisance” is defined by NRS 40.140 as “anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including, without limitation, a building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043. This definition incorporates any condition or use of premises or of building exteriors which is detrimental to the property of others or that causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the following:
A. Every act unlawfully done or every omission to perform a duty, which act or omission:
1. Shall annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons,
2. Shall offend public decency,
3. Shall unlawfully interfere with, befoul, obstruct or tend to obstruct, or render dangerous for passage a public park, square, street, alley, bridge, causeway or highway or a river, stream, canal, ditch, pond or other body of water,
4. Shall in any way render a considerable number of persons insecure in life or the use of property;
B. Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;
C. All insecure or unsafe buildings, walls, chimneys, stacks or other structures, all filth, garbage, offal, ashes, all nauseous, flammable and unhealthful matter, all partially burned buildings and structures, and all debris resulting from fires and demolition or abandonment of structures;
D. The violation of any state law or city or county ordinance which defines violation thereof as a nuisance;
E. Abandoned, or discarded objects or equipment such as machinery, furniture, stoves, household appliances, cans, containers, boxes, waste, old building materials, trash and other refuse;
F. Outside storage of two or more unlicensed vehicles, equipment, building materials and other property, unless fully screened from view from outside the property and fully enclosed or otherwise protected in such manner as to prevent (1) the harboring of insects, flies, rodents, snakes and other animals, or (2) any condition that may violate subsection (B) of this section. Outside storage of any vehicles shall be in an orderly and organized fashion, such as placed in rows in a remote area of the property that has reasonable access;
1. Screening is defined as a six-foot (minimum) chain link with sight obscuring slats or dog eared cedar/redwood fence or as otherwise approved by the board of county commissioners.
G. Excessive emission of dense smoke or air pollution caused by excessive soot, cinders, fly ash, noxious acids, fumes and gases.
H. Excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.020 Duty of maintaining property.
No person owning, leasing, occupying or having charge of any premises shall maintain, keep or permit to be maintained or kept, such premises in a manner causing substantial diminution in the value of the other property in the area in which such premises are located or to maintain any public nuisance. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.030 Written complaint and investigation of alleged nuisance.
A. Whenever a written complaint is filed with the county clerk alleging the existence of a nuisance as defined herein within the county, the county clerk shall forthwith notify the appropriate county official so long as the complainant(s) is/are identified in the complaint and each complainant has signed and authorized said complaint.
B. The county official asked to investigate the facts claimed to be a nuisance shall report verification or lack thereof to the county clerk in accordance with administrative policy and procedures.
C. The county official asked to investigate the alleged nuisance, upon presentation of proper credentials, may enter any property at any reasonable time to investigate alleged nuisances. (Ord. 9-05-17 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.040 Setting a nuisance hearing.
Upon receipt of verification that a nuisance might exist, the county clerk shall notify the board of county commissioners and fix a date for a hearing on the complaint. The hearing date must be set not less than thirty or more than forty days subsequent to the actual filing of the complaint. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.050 Notice to property owner and occupant.
A. Upon receipt of verification that a nuisance might exist, the county clerk shall immediately mail by certified mail, return receipt requested, a notice of the complaint of existence of a nuisance to, or shall cause such notice to be served personally upon, the person owning the premises according to the current tax roll and to the person in possession, charge, or control of the yard, lot or premises upon which the nuisance exists. The county clerk may also send notice by regular mail to any other person or entity of beneficial interest, if known. Such notice shall also be posted upon the yard, lot or premises where the nuisance might exist.
B. The notice shall, at a minimum, contain the following information:
1. A legal description of the property;
2. The name of the owner of the property and/or the person in possession of the property;
3. Those facts which constitute the alleged nuisance and include with notice the following:
a. Reference to the nuisance code and any statute relevant to the complaint.
b. Inspection report(s).
4. A date and a location upon which the board of county commissioners will hear the nuisance complaint.
C. At the time of fixing the hearing, the board of county commissioners shall order and cause notice of the hearing to be published at least once a week for two weeks next preceding the date fixed for the hearing in a newspaper of general circulation published in the county. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.060 Nuisance hearing.
At the time fixed for the hearing, the board of commissioners shall proceed to hear the complaint and any opponents of the complaint. At the hearing it shall receive the proofs offered to establish or controvert the facts set forth in the complaint, and on the final hearing of the complaint, the board of county commissioners shall, by resolution entered on its minutes, determine whether or not substantial evidence has been presented that a nuisance exists and, if one does exist, order the person or persons responsible for such nuisance to abate the same. The board of county commissioners may adjourn the hearing from time to time, not exceeding fourteen days in all. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.070 Abatement.
A. If the order to abate the nuisance is not obeyed within five days after service of a copy of the resolution, the board of county commissioners shall cause the abatement and removal of the nuisance and make the cost of abatement a special assessment against the real property. It is the responsibility of the property owner to notify the board of county commissioners by letter that they have complied with the resolution or why they cannot comply with the resolution.
B. A county official whose duty it is to inspect any abatement efforts for compliance with the order to abate, upon presentation of proper credentials, may enter any property at any reasonable time to inspect the abatement efforts. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.080 Assessment of costs of abatement.
A. Upon the completion of abatement and removal of the nuisance by the county, the person in charge of the work of abating and removing the nuisance, or the county administrator, shall file with the county clerk a description of the premises, photographs, and a verified statement of the work done, all expenses and costs incurred of any nature whatsoever, and the name of the owner of the premises, if known. The owner shall be charged with the costs and expenses.
B. The board of county commissioners shall:
1. Determine whether the costs and expenses were proper, the name of the owner of the premises, and the premises to be assessed;
2. Adopt or revise the statement by resolution levying assessment and require the county clerk to transmit the resolution and statement and transmit a copy to the county assessor and to record a copy with the county recorder;
3. Upon such recording, the assessment shall be due and payable, shall constitute a lien upon the premises, and shall remain such until paid. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.090 Collection of the special assessment.
A. The special assessment may be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such special assessment.
B. The county assessor shall:
1. Make an assessment roll and levy a special assessment upon the premises and against the person chargeable;
2. After such levy, transfer the assessment roll to the county treasurer.
C. The county treasurer shall record the assessment in his office in the same manner as street assessments are recorded. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.100 Legal action to abate nuisance.
As an alternative to the procedures set forth in HCC 8.04.030 through 8.04.090, the board of county commissioners may, by resolution, direct the district attorney to notify the person responsible for such nuisance to abate it, and if such notice is not abated after service thereof, within a reasonable time under the circumstances, as specified by the board of county commissioners, to bring legal proceedings for abatement of the nuisance and for recovery of compensatory and exemplary damages and costs of the suit. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.110 Nonexclusive remedy.
Nothing contained in this chapter shall prevent maintenance of an action by the county against the person owning, or in possession, in charge, or in control of, the premises to collect the expense of abatement and removal of the nuisance, or the prosecution criminally of any such person for the maintenance of the nuisance. Nor shall anything in this chapter prevent alternative abatement procedures as set forth in the respective codes adopted by this county, such as but not limited to, the building code, zoning code, and health code. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.120 Violation—Penalty.
Any person who maintains a nuisance, as enumerated in HCC 8.04.010, and fails or neglects, within the required time after notice, to comply with the requirements of such notice, is guilty of a misdemeanor. (Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)