Amendment vs bill Amendment 654 vs Reprint 2

Struck = removed from the bill · added = the amendment's new text.

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(Reprinted with amendments adopted on May 18, 2021) SECOND REPRINT S.B.
Session (81st) A SB57 R1 654 Amendment No.
57 S ENATE B ILLN O.
654 Assembly Amendment to Senate Bill No.
57–COMMITTEE ON G OVERNMENT A FFAIRS (ON BEHALF OF CLARK C OUNTY ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the imposition of certain special assessments by a board of county commissioners or a governing body of a city.
57 First Reprint (BDR 20-403) Proposed by:
Assembly Committee on Judiciary Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
ERS/HAC - Date:
5/16/2021 S.B.
No.
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) Page 1 of 13 *A_SB57_R1_654* Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 3 SENATE B ILLNO.
57–COMMITTEE ON G OVERNMENT AFFAIRS (ON BEHALF OF CLARK C OUNTY) PREFILEDN OVEMBER 18,2020 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing the imposition of certain special assessments by a board of county commissioners or a governing body of a city.
Under existing law, if the owner of real property fails to abate certain nuisances commissioners may make the costs incurred by the county for the abatement, of county covering or removal, and any related civil penalties, a special assessment against the real property and collect the special assessment in the same manner as ordinary county taxes are collected.
Under existing law, if the owner of real property fails to abate certain nuisances or dangerous structures or conditions or remove or cover graffiti, a board of county commissioners may make the costs incurred by the county for the abatement, covering or removal, and any related civil penalties, a special assessment against the real property and collect the special assessment in the same manner as ordinary county taxes are collected.
(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 certain offenses 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:
(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 [an offense] certain offenses relating to real property by making the unpaid fine or fee a special assessment against the real property, which may be collected at the same time and in the same manner as ordinary county taxes.
(1) for chronic nuisances, at least 180 days have elapsed after the date specified in a court order or appellate court order for the abatement of the chronic nuisance, and for public nuisances or dangerous structures or conditions, at county commissioners or governing body of a city or a court order for thee board of abatement of the public nuisance;
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:
(1) for chronic nuisances, at least 180 days have elapsed after the date specified in a court order or dangerous structures or conditions, at least 12 months have elapsed after the date specified in the notice by the board of county commissioners or governing body of a city or a court order for the abatement of the public nuisance;
and (3) the amount of the uncollected civil penalties is more than - *SB57_R2* – 2 – $5,000.
and (3) the amount of the uncollected civil penalties is more than $5,000.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(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] (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;
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 [.] ;
A special assessment authorized pursuant to subsection 1 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.
A special assessment authorized pursuant to subsection 1 may be collected at the same time and in the same manner as ordinary county taxes are 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.
All laws applicable ton the levy, collection and enforcement of county taxes are applicable to such a special assessment.
- *SB57_R2* – 3 – Sec.
Sec.
(1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on the owner’s property of nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the district attorney for legal action.
(1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on the owner’s property of nuisance activities and the date by which the owner must abate the Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 5 condition to prevent the matter from being submitted to the district attorney for legal action.
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;
or (2) If the property is residential property, of not more than $500 per day, 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;
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(1) When three or more nuisance activities exist or have occurred during any 90-day period on the property.
Assembly Amendment No.
- *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.
654 to Senate Bill No.
57 First Reprint Page 6 (1) When three or more nuisance activities exist or have occurred during any 90-day period on the property.
(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.
or - *SB57_R2* – 6 – (III) Waited to enter, patronize or visit, the property or a person present on the property.
or (III) Waited to enter, patronize or visit, the property or a person present on the property.
The term does not include commercial real estate.
Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 7  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.
(3) Afforded an opportunity for a hearing before the designee of the board relating to the order of abatement and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance within the period specified in the order;
Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 8 (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance within the period specified in the order;
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.
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 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_R2* – 9 – (a) Repair, safeguard or eliminate a dangerous structure or condition;
(a) Repair, safeguard or eliminate a dangerous structure or condition;
2.
Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 9 2.
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.
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 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.
In addition to any other reasonable means for recovering money expended by the city to abate the condition and, except as otherwise provided in subsection 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the condition is or was located.
In addition to any other reasonable means for recovering money expended by the city to abate the condition and, except as otherwise provided in subsection 6, Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 10 for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the condition is or was located.
- *SB57_R2* – 11 – (b) The owner has been billed, served or otherwise notified that the civil penalties are due;
(b) The owner has been billed, served or otherwise notified that the civil penalties are due;
(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.
(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 Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 11 condition to prevent the matter from being submitted to the city attorney for legal action.
All laws - *SB57_R2* – 13 – applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
(a) The street address or assessor’s parcel number of the property;
Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 12 (a) The street address or assessor’s parcel number of the property;
- *SB57_R2* – 14 – (I) The building or place has not been deemed safe for habitation by a governmental entity;
(I) The building or place has not been deemed safe for habitation by a governmental entity;
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.
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 Assembly Amendment No.
654 to Senate Bill No.
57 First Reprint Page 13 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.
H - *SB57_R2*