SB 57 — Revises provisions governing the imposition of certain special assessments by a board of county commissioners or a governing body of a city. (BDR 20-403)

(Reprinted with amendments adopted on MayApril 18,15, 2021) SECONDFIRST REPRINT S.B.

(NRS 244.360-244.3605, 244.3694) Section 1 of this bill authorizes a board of county commissioners to also recover an unpaid fine or fee for certainan offensesoffense relating to real property by making the unpaid fine or fee a time and in the same manner as ordinary county taxes.ay be collected at the same Under existing law, a special assessment for civil penalties relating to chronic nuisances, public nuisances or dangerous structures or conditions may not be imposed unless:

and (3) the amount of the uncollected civil penalties is more than - *SB57_R2**SB57_R1* – 2 – $5,000.

and (b) May not authorize the collection of an unpaid fine or fee for an offense relating to real property as a special assessment against the real property unless the owner of the real property:

and (2) Has been afforded a reasonable period of time, as set forth in the ordinance, to pay the fine or fee or to request a hearing to appeal the fine or fee;fee.

and (c) Must set forth the process by which a special assessment against the real property may be extinguished if the offense relating to real property is abated and the real property remains in compliance for 180 days after the date the offense is abated.

4.Sec.

As used in this section, “offense relating to real property” means any violation of a law or ordinance relating to:

(a) Transient lodging;

(b) Short-term rentals;

or (c) Abandoned property.

- *SB57_R2* – 3 – Sec.

and - *SB57_R1* – 3 – (c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.

or (2) If the property is residential property, of not more than $500 per day, - *SB57_R2* – 4 –  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;

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 - *SB57_R1* – 4 – chronic nuisance is located or occurring.

- *SB57_R2* – 5 – (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.

- *SB57_R1* – 5 – (I) The building or place has not been deemed safe for habitation by a governmental entity;

or - *SB57_R2* – 6 – (III) Waited to enter, patronize or visit,  the property or a person present on the property.

- *SB57_R1* – 6 –  The term does not include commercial real estate.

(3) Afforded an opportunity for a hearing before the designee of the board relating to the order of abatement and an appeal of that - *SB57_R2* – 7 – decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

- *SB57_R1* – 7 – (d) Provide for civil penalties for each day that the owner did not abate the public nuisance after the date specified in the notice by which the owner was required to abate the public nuisance.

In addition to any other reasonable means for recovering money expended by the county to abate the public nuisance and, except as otherwise provided in subsection 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the board or its designee may make the expense and - *SB57_R2* – 8 – civil penalties a special assessment against the property upon which the public nuisance is located, and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

- *SB57_R1* – 8 – (b) The owner has been billed, served or otherwise notified that the civil penalties are due;

- *SB57_R2* – 9 – (a) Repair, safeguard or eliminate a dangerous structure or condition;

- *SB57_R1* – 9 – (1) Sent a notice, by certified mail, return receipt requested, of the existence on the property of a condition set forth in subsection 1 and the date by which the owner must abate the condition.

In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the city to request the operator of a tow car to abate a condition by towing - *SB57_R2* – 10 – abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the governing body or its designee has directed the abatement of the condition pursuant to subsection 4.

The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the - *SB57_R1* – 10 – condition or request abatement by the operator of a tow car pursuant to subsection 3 if:

- *SB57_R2* – 11 – (b) The owner has been billed, served or otherwise notified that the civil penalties are due;

- *SB57_R1* – 11 – (a) The street address or assessor’s parcel number of the property;

(1) Sent notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation, of the - *SB57_R2* – 12 – 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.

- *SB57_R1* – 12 – (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.

All laws - *SB57_R2* – 13 – applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

(a) [At least 180 days have elapsed after the] 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 - *SB57_R1* – 13 – order of the appellate court by which the owner must abate the chronic nuisance, whichever is later [;] , has passed;

- *SB57_R2* – 14 – (I) The building or place has not been deemed safe for habitation by a governmental entity;

- *SB57_R1* – 14 – (b) “Commercial real estate” has the meaning ascribed to it in NRS 645.8711.

H - *SB57_R2**SB57_R1*