Henderson, Nev., Mun. Code § 15.12 (2026) § 15.12.060

A. General provisions.
1. Authority of the director and his or her designees. The director is authorized and directed to administer and enforce this Code. The director and his or her designee(s), referred to herein as "code enforcement official(s)" or "code official(s)," have the authority to determine whether a violation of this Code exists and to take appropriate action to gain compliance with this Code. This authority includes the power to issue notices, orders, administrative and misdemeanor citations and fines, the power to inspect public and private property and to abate violations, and the power to use any other remedies available under this Code, other provisions of the Henderson Municipal Code, and Nevada law.
a. Substantial compliance standard. The code official is authorized to grant minor variations from the strict application of specific Code provisions where, in the opinion of the director, the corrective work or compliance measures are in substantial compliance with the intent of this Code.
b. Authority to inspect. Whenever it is necessary to make an inspection to enforce any of the provisions of, or perform any duty imposed by this Code or other applicable law, or whenever the code official has reasonable cause to believe that there exists on any building, structure, or land any violation of the provisions of this Code or any other applicable law, or any condition that otherwise makes the property hazardous or dangerous, the code official is hereby authorized to:
(1) Make any investigations, examinations, and surveys as may be necessary in the performance of their duties; and
(2) Enter the building, structure, or land at any reasonable time to conduct inspections and perform any duty imposed upon them by this Code. This authority is subject to the following limitations:
(a) If the building, structure, or land is occupied, the code official shall first present proper credentials to the occupant and request entry, explaining the reasons for entry; or
(b) If the building, structure, or land is unoccupied, the code official shall first make a reasonable effort to locate the responsible party and request entry, explaining the reasons for entry.
If entry is refused or if the responsible party cannot be found, the code official shall have recourse to every remedy provided by law to secure lawful entry and inspect the building, structure or land, including but not limited to, securing an inspection warrant. The code official shall provide notice that a warrant has been issued to both the owner and the occupant at least 24 hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary.
Notwithstanding the foregoing, if the director has reasonable cause to believe that the building, structure, or land presents an imminent hazard that requires immediate inspection to safeguard the public health or safety, the director may authorize the code official to immediately enter and inspect the building, structure, or land and use any reasonable means required to enter and make an inspection, whether the property is occupied or unoccupied and whether or not permission to inspect has been obtained.
(3) The authority granted pursuant to this section includes, but is not limited to, the taking of photographs, samples, and other physical evidence and the use of devices such as a sound level or light measurement device to measure disturbances. Unmanned aerial vehicles may also be employed for the purposes of taking photographs and videos if all applicable laws, regulations, and city policies and procedures are followed prior to implementation of the use of such devices.
c. Extensions. If a violation of this Code has not been corrected by the required compliance date provided in any notice, order, or citation, but significant progress has been completed, the code official may grant an extension of time, not to exceed 30 days. The code official may grant additional extensions of time provided substantial compliance progress continues to be made. In cases of extreme hardship, the code official may grant an extension of time without progress towards substantial compliance. The extensions permitted by this section are not automatic. In determining whether to grant any extension, the code official shall consider the nature of the violation and its impact on the safety of the public and building occupants, as well as any history of similar past violations on the same property and the degree of cooperation received from the property owner or other responsible party in complying with past notices and orders.
2. Responsibilities of owner and responsible party. Every owner remains liable for violations of this Code even though an obligation is also imposed on the occupants of the property or other responsible parties, and even if the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or complying with this Code. Every owner or other responsible party, in addition to being responsible for maintaining the property in a sound structural and unblighted condition, shall be responsible for keeping that part of the building or premises they occupy or control in a clean, sanitary, and safe condition, including the shared or public areas of commercial buildings. Every occupant of a dwelling unit shall also be responsible for that part of the dwelling unit or premises he or she occupies and controls and shall dispose of all rubbish, garbage, and other organic waste in a manner required by the ordinances of the city and the health officer. Every occupant shall, where required by this Code or, by the ordinances of the city or by the health officer, furnish and maintain approved devices, equipment, or facilities necessary to keep the property safe and sanitary.
3. Transfer of ownership. The owner of any building, structure, lot, or parcel of land that has received any pending notice of violation, order, or citation under this Code and is in the process of selling, transferring, mortgaging, leasing, or otherwise disposing of the building, structure lot, or parcel that is the subject of the notice, order or citation, remains obligated to correct the violation. Alternatively, the owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any citation, order or notice of violation issued by the city and shall furnish the city a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging such citation, order or notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by such citation, order, or notice of violation.
B. Administrative enforcement procedures and remedies.
1. Notice of violation and order to correct. Except as otherwise provided herein, when the code official has determined that a violation of this Code exists, the code official may issue a notice of violation and order to correct to the property owner and any other responsible party, in the following manner:
a. Form of notice and order. The notice and order shall be in writing and shall include:
(1) A description of the real property sufficient for identification;
(2) A statement of the violation(s) and why the notice is being issued;
(3) A list of the corrections necessary to bring the property into compliance with this Code;
(4) A correction order with a reasonable deadline to bring the property into compliance; and
(5) A statement advising that administrative fees and fines may be assessed in the event the owner or other responsible party fails to correct the stated violations of this Code.
b. Method of service. A notice and order shall be deemed properly served if a copy is:
(1) Personally served to the owner or other responsible party, with a signed certificate of service prepared by the code official effectuating service. If personal service is effectuated upon a responsible party other than the owner, a copy of the notice shall be sent by first-class mail to the owner as shown in the records of the Clark County Assessor;
(2) Sent by certified mail, return receipt requested, to the owner of the property as shown in the records of the Clark County Assessor:
(a) If the notice is returned by the U.S. Postal Service showing that it was not delivered, a copy thereof shall be posted in a conspicuous place in or about the building, structure, lot, or premise of the subject property. It shall be unlawful for any person to remove, alter, deface, tamper with, or alter the visibility of any notice and order posted at the premises pursuant to this Code. Service of the notice and order shall be complete upon certified mailing or, if the notice and order is returned, posting on the premises. The failure of the owner to receive a certified mailing of the notice and order does not affect the validity of any enforcement proceeding taken under this Code;
(b) A certification of notice and order posting shall be completed by the code official stating the name of the code enforcement official posting the notice, the date and time of the posting, the address of the property where the notice and order was posted, and a brief description of the location on the property where the notice and order was posted;
(3) Posted in a conspicuous place in or about the building, structure, lot, or premise and sent by first-class mail to the owner of the property as shown in the records of the Clark County Assessor; or
(4) Sent by electronic mail ("email") to the owner and any other responsible party if the recipient(s) has provided written, signed consent to receive service of notices under this section 15.12.060.B.1 by email and has provided their email address. If a notice and order served via email returns undeliverable, one of the other methods of service in this section shall also be employed.
c. Re-inspections. The code official shall re-inspect the property after the compliance date specified in the notice and order. If the violation is still in existence on the re-inspection date, the code official is authorized to impose a re-inspection fee as provided in section 15.12.060.B.3 and in the amount specified in section 15.12.090 of this Code. A re-inspection fee may be charged in advance for the third inspection and any subsequent inspection until compliance is attained.
2. Notice and order to abate. When the code official determines that an owner or other responsible party has not complied with a notice of violation and order to correct, the code official may issue a notice and order to abate.
a. Content of notice and order. The notice and order to abate shall include all information required in the notice of violation and order to correct (see section 15.12.060.B.1.a), and in addition shall include the following:
(1) A statement advising that the city will proceed to abate the violation if the owner or other responsible party does not comply with the notice and order to abate by the stated deadline;
(2) A statement explaining how the city intends to recover the costs incurred to abate the violation if the owner or other responsible party does not comply with the notice and order to abate by the stated deadline; and
(3) A statement that the owner or other responsible party may appeal the notice and order to abate within ten calendar days of the notice and order and request a hearing in accordance with section 15.12.060.B.6.
b. Service of notice and order. A notice and order to abate shall be served as follows:
(1) Sent by certified mail, return receipt requested, to the owner of the property as shown in the records of the Clark County Assessor;
(a) If the notice is returned by the U.S. Postal Service showing that it was not delivered, a copy thereof shall be posted in a conspicuous place in or about the subject building, structure, lot, or premise and shall be mailed by first-class mail to the owner. It shall be unlawful for any person to remove, alter, deface, tamper with, or alter the visibility of any notice and order posted at the premises pursuant to this Code;
(b) A certification of posting shall be completed by the code official who posted the notice and order stating the date and time it was posted on the property, the address of the property where it was posted, and a brief description of the location on the premises where it was posted; or
(2) Served by personal service on the property owner, with a signed certificate of service prepared by the code official effectuating the service;
(3) Service of the notice and order to abate shall be complete upon mailing or, where applicable, posting on the premises. The failure of the owner to receive the certified mailing does not affect the validity of any proceedings taken under this Code.
c. Abatement by the city. The code official shall follow the reinspection process and may assess reinspection fees as provided in section 15.12.060.B.1.c. after the compliance date for the notice and order to abate has passed. Once reinspection has occurred, if abatement has not been completed, the code official has followed all other required procedures set forth in this section 15.12.060.B.1 and B.2, and no appeal has been filed, or an appeal has been denied and abatement not completed by the deadline provided in the decision on appeal, the condition(s) or violation(s) may be abated by city personnel or by a private contractor hired by the city for that purpose. City personnel or a private contractor may enter upon the property at a reasonable time and in a reasonable manner to abate the conditions set forth in the notice and order to abate.
d. Abatement report. The city personnel or outside contractor ordered to perform the abatement shall file with the director a written report detailing the work performed, time and labor incurred, and an itemized accounting of the total equipment and abatement costs incurred to abate the violation within 30 days of completion of the work. The report shall contain the names and addresses of the owner and any other responsible parties, and the address, Assessor's parcel number or legal description of the property. The director shall review the abatement report and approve the report, reject the report and order a new report, or order modifications to the report as needed.
e. Recovery of abatement costs. Once the director has finalized an approved abatement report and costs included therein, the director is authorized to proceed with recovery of the reported abatement costs against the property through a special assessment or other lawful collection method.
(1) Special assessment. The director may authorize the code official to collect the abatement costs against the property by recording a special assessment lien, which may be collected at the same time and in the same manner as ordinary county taxes, subject to the same penalties, procedure and sale in the case of delinquency as provided for ordinary county taxes.
(a) The special assessment shall be perfected when the city has:
i. Recorded with the Clark County Recorder a statement setting forth the amount of the expenses incurred and unpaid and the description of the property subject to the lien; and
ii. Sent by certified mail, return receipt requested, a notice of special assessment lien, separately prepared for each lot affected, and addressed to the owner of the property as set forth in the records of the Clark County Assessor.
(b) The special assessment shall be treated as co-equal with the latest lien on the property to secure the payment of county taxes, not subject to extinguishment by the sale of the property for nonpayment of county taxes, and proper and superior to all other liens, claims, and encumbrances on the property other than the lien for county taxes.
(c) Before recording the lien, the code official shall mail the owner of record a written notice of the city's intent to record a special assessment lien unless payment of all monies due is paid in full on or before the date listed in the notice.
(d) Quarterly special assessment report. Quarterly, the director shall report to the city council all special assessments recorded for abatement actions performed and shall include in such report the street address or assessor's parcel number of the property abated, the name of each owner of property assessed as of the date of the assessment, and the total amount of the assessment, stating the amount assessed for expenses of abatement and any amount assessed for administrative fines.
(2) Collection action. The city may take any lawful collection action deemed necessary and appropriate to recover the abatement costs owed, including but not limited to the city attorney filing a petition in a court of competent jurisdiction for the entry of a civil judgment against the property owner in an amount equal to the amounts owed, or referral of the unpaid amounts to a collection agency for recovery. Where the amounts are referred for collection, the city may impose a fee of 25 percent of the outstanding indebtedness or $250.00, whichever is less, against the responsible party. This fee shall accrue and become due and payable at the time the indebtedness is referred for collection to the collection agency, and that amount may be added by the collection agency to the amount sought to be collected. Any judgment or amended judgment entered under this chapter may include the amount of the collection fee authorized herein.
3. Administrative fees. Expenses incurred by the city in investigating, inspecting and re-inspecting property that is the subject of a violation, as well as any other processing costs related to enforcement of this Code may be recovered through the issuance of administrative fees pursuant to the administrative fee schedule established by the city council and set forth in section 15.12.090 . Administrative fees may be imposed in conjunction with abatement expenses or the issuance of administrative citations. In addition to any other lawful means of collection, administrative fees may be collected in the same manner and at the same time as administrative fines and any costs incurred by the city in performing abatements.
4. Administrative citations and fines. Administrative fines may be imposed for violations of any of the provisions of this Code, including failure to comply with any final order issued through the appeal process.
a. Procedure for issuance of citation and fine.
(1) Administrative fines shall be assessed by means of an administrative citation issued by the code official and shall be payable directly to the city.
(2) An administrative citation shall contain:
(a) The name and address of the property owner and any other responsible party and the address or legal description of the property where the violation is occurring;
(b) A statement of the provisions of this Code that have been violated and the date of the violation(s);
(c) The action required to correct the violation(s) and a deadline for compliance, if not already provided in a notice of violation separately or concurrently served with the citation;
(d) The amount of administrative fines and fees imposed for the violation(s);
(e) A statement that each day the owner or other responsible party does not correct or abate the violation after the date of the administrative citation may constitute a separate violation subjecting the owner to additional fines;
(f) A statement that the owner or responsible party may appeal the fine and request a hearing within ten calendar days of the date the administrative citation is served; and
(g) An address and telephone number of a code official with whom contact regarding the violation can be made.
(3) An administrative citation shall be served on the property owner via personal service or via certified mail, return receipt requested. A certificate of service shall be completed by the code official who effectuated service of the citation. Service shall be complete upon mailing or personal service of the citation. The failure of the owner to receive the citation shall have no effect on the validity of any fines issued.
b. Accumulation of fines. If the owner or other responsible party fails to correct the violation, subsequent administrative citations may be issued for the same violations. Each day that a violation continues shall constitute a separate violation. The amount of fines assessed for each administrative citation issued for the same violations shall be specified in the fee resolution adopted by the city council as set forth in section 15.12.090 . Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
c. Appeal of an administrative citation, fines, and fees. Appeal of an administrative citation, fines, and fees shall be made in accordance with the procedures of section 15.12.060.B.6.
d. Failure to pay administrative fines and fees.
(1) If not appealed, administrative fines and fees are immediately due and payable. Failure to issue payment shall constitute a violation of this Code. The city may take any lawful collection action deemed necessary and appropriate to recover the administrative fine amounts owed, including but not limited to the city attorney filing a petition in a court of competent jurisdiction for the entry of a civil judgment against the property owner in an amount equal to the unpaid fine and/or fee amounts owed, or referral of the unpaid amounts to a collection agency for recovery.
(2) In addition to the fines assessed pursuant to this chapter, the person responsible for any violation shall be liable for an additional collection fee where the collection of the fines provided for herein is referred for collection. The amount of such fee shall be 25 percent of the outstanding indebtedness or $250.00, whichever is less. The amount of any such collection fee shall accrue and become due and payable at the time the indebtedness is referred for collection to the collection agency, and that amount may be added by the collection agency to the amount sought to be collected. Any judgment or amended judgment entered under this chapter may include the amount of the collection fee authorized herein.
(3) Special assessment. The city may also collect unpaid administrative fines and fees through the special assessment process set forth in section 15.12.060.B.2.e(1), if the uncollected fine amounts total more than $5,000.00 and at least 12 months have elapsed after the date specified for correction in the notice and order or citation, or the date of compliance in any order of the city or court on an appeal of the notice and order or citation, whichever is later.
5. Emergency measures and expedited procedures.
a. Emergency abatement order. Where the director or building official determines a condition or violation of this Code constitutes an imminent hazard, the director or building official may order the owner and any other responsible party to abate the condition or violation so as to remove the hazard within an expedited time period specified in the order. The order shall be served as required in section 15.12.060.B.2.b. No notice of violation is required to first be served, no extensions need be granted, and all appeal periods may be expedited. Within 24 hours after the required time to abate the condition or violation, the director, building official or code official shall conduct a re-inspection of the property to determine compliance with the notice and order.
b. Emergency abatement. If an imminently hazardous condition has not been abated in compliance with an order issued pursuant to subsection a, and no appeal has been filed or an appeal has been denied, the director or building official may secure the necessary labor, materials, and other resources required to perform the abatement action set forth in the order as expeditiously as possible.
c. Temporary safeguards. Notwithstanding other provisions of this Code, whenever there is an imminent hazard that necessitates immediate safeguards, the director or building official may order the necessary corrective action taken, including but not limited to, the boarding up or securing of building or structure openings, to render such structure or condition temporarily safe whether or not prior notice to the owner or other responsible party has been provided, and may cause such other safeguards to be implemented as deemed necessary to meet such emergency.
d. Order to vacate building or structure that is dangerous. When any of the following circumstances is present, the code official may, without providing prior notice to the owner or other responsible party, cause to be posted at each entrance to such structure a notice and order reading as follows: "THIS STRUCTURE IS DANGEROUS AND ITS OCCUPANCY IS PROHIBITED":
(1) There is imminent danger of failure or collapse of a building or structure;
(2) Any structure or part of a structure has fallen and life is endangered by the occupation of the structure; or
(3) There is imminent danger to the building occupants or those in the proximity of any structure or due to the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment.
It shall thereafter be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing hazardous or substandard conditions, or demolishing the same. Failure to vacate a building or structure as specified in the notice and order or to reoccupy a building or structure which has been ordered vacated prior to the issuance of written re-occupancy approval by the director or building official or his or her designee shall constitute a violation of this Code.
e. Cost of temporary safeguards and emergency abatement. Costs incurred in the performance of temporary safeguards and emergency work performed by the city may be recovered from the owner of the property where the imminent hazard is or was located, in accordance with sections 15.12.060.B.2.d and 15.12.060.B.2.e. Such costs may be recovered by a special assessment against the property, in addition to any other reasonable means authorized by law, this Code, or a court of competent jurisdiction. Prior to recording a special assessment lien to recover costs for the installation of temporary safeguards pursuant to subsection c, the city shall provide the property owner with a written statement of costs and an opportunity to appeal the assessment of such costs through the appeal procedures of section 15.12.060.B.6.
f. Order to vacate structure unfit for human occupancy. A building or structure unfit for human occupancy as defined in this Code is subject to closure by a code official if the code official first follows the procedures set forth in section 15.12.060.B.2, except that no notice of violation and order to correct is required to first be issued. If the owner or other responsible party does not comply with a notice and order to abate a building or structure unfit for human occupancy by the original compliance date and fails to appeal the notice and order to abate, or fails to comply with any compliance date issued in a decision on appeal, the code official may cause to be posted at each entrance to such structure a notice and order reading as follows: "THIS STRUCTURE IS UNFIT FOR HUMAN OCCUPANCY AND ITS OCCUPANCY IS PROHIBITED." It shall thereafter be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing hazardous or substandard conditions, or demolishing the same. Failure to vacate a building or structure as specified in the notice and order or to reoccupy a building or structure that has been ordered vacated prior to the issuance of written re-occupancy approval by the code official shall constitute a violation of this Code. Costs incurred by the city in closing and securing the structure to prevent further occupancy of the structure may be recovered from the owner of the property where the building is located in accordance with sections 15.12.060.B.2. and 15.12.060.B.2.e.
Property owners are responsible for providing relocation and temporary lodging assistance for any tenants or other lawful residents of a substandard building if such building is ordered to be vacated because it is unfit for human occupancy. If the property owner or its representative fails to assist any displaced tenants or other lawful residents in relocating and securing short-term replacement housing after receipt of a notice and order to vacate a structure unfit for human occupancy, reasonable relocation costs incurred by the city to assist residents in need of emergency housing may be recovered from the property owner in accordance with subsections 15.12.060.B.2. and 15.12.060.B.2.e.
g. Closure of unmaintained vacant buildings. Vacant buildings that have not been maintained pursuant to the requirements of section 15.12.030.J are subject to an order requiring that they be secured as set forth in section 15.12.030.J.2. In issuing the order, the code official shall follow the procedures set forth in section 15.12.060.B.2, except that no notice of violation is required to first be issued. If the owner or other responsible party does not comply with the order by the original compliance date and fails to appeal the notice and order, or fails to comply with any compliance date issued in a decision on appeal, the code official may take any action deemed necessary to close and secure the building. It shall thereafter be unlawful for any person to enter such structure except for entry by the owner or owner's authorized agent for the purpose of further securing the building, inspecting the property, performing repairs, or taking other action necessary to prepare the property for occupancy by a lawful occupant. Entry or occupancy by all other persons shall constitute a violation of this Code. Costs incurred by the city in closing and securing the building to prevent unlawful occupancy, vandalism, or other criminal activity on the premises may be recovered from the owner of the property, in accordance with sections 15.12.060.B.2.d and 15.12.060.B.2.e.
6. Appeal procedures. This section establishes the procedures for appealing administrative enforcement actions under this Code, including procedures for administrative appeal hearings. All appeals are limited by the provisions of this section 15.12.060.B.6.
a. Procedures for requesting and setting an appeal hearing.
(1) An owner or other responsible party (referred to herein as the "appellant") may request an appeal hearing by submitting a written request to the director that:
(a) Identifies the enforcement action that the person is contesting;
(b) Sets forth the facts supporting the appeal;
(c) Identifies the requested relief; and
(d) Is delivered to and received by the director personally or by mail (as postmarked) no later than the tenth day following the date of the notice, order or citation being appealed.
(2) A timely request for hearing shall stay the enforcement of the appealed action and toll the deadline for compliance, accrual of fines and fees, and payment of fines and fees. An untimely request for appeal shall not be considered and instead shall be dismissed.
(3) The director, or his/her designee, shall set a hearing and shall issue notice of the hearing date no later than ten days prior to the date set for the hearing, unless a shorter time period is agreed to in writing by the appellant. The notice shall state the date, time, and location of the hearing, and shall include a short explanation of the hearing process.
b. Hearing procedures.
(1) The director, or his/her designee, shall conduct and preside over the hearing. At the hearing, that person, referred to herein as the "presiding officer," shall direct the order of the proceedings and shall hear all evidence presented relevant to the subject violation(s), fines and/or fees.
(2) The hearing shall be informal in nature. The presiding officer is not bound by evidentiary or procedural rules applicable to public hearings or judicial proceedings. The presiding officer shall have discretion to record the hearing.
(3) The city will have an opportunity to present facts, statements, witness testimony, and other evidence to support its position. Affidavits or declarations of witnesses made under penalty of perjury may be presented by the city at the hearing if provided to the appellant no later than five days prior to the hearing.
(4) The appellant will have an opportunity to present facts, statements, witness testimony, and other evidence to support his or her position. Affidavits or declarations of witnesses made under penalty of perjury may be presented at the hearing if provided to the city no later than five days prior to the hearing.
(5) During the appeal hearing, the presiding officer may gather any relevant information regarding the subject enforcement action to assist in making a final decision. The presiding officer shall have the discretion to question witnesses, to allow rebuttal testimony, and to limit the presentation of immaterial or unduly repetitious evidence.
(6) After the conclusion of the hearing, the presiding officer shall consider all evidence presented relevant to the subject enforcement action and shall issue a decision regarding the disputed enforcement action. In his or her decision, the presiding officer is not authorized to grant exceptions or make modifications to the requirements of this Code. The decision shall be in writing and shall be issued no later than 30 days following the conclusion of the hearing and served on the appellant. The decision shall clearly state one of the following:
(a) That the notice, order, citation, fine and/or fee is upheld, including a short statement of findings explaining the basis for the decision, and providing a deadline for curing the subject violation and payment of any fines and fees, with a notification that fines will resume accruing daily thereafter until the subject violation is corrected, if applicable;
(b) That the notice, order, citation, fine and/or fee is reversed, including a short statement of findings explaining the basis for the decision; or
(c) That the notice, order, citation, fine and/or fee is modified, including a short statement of findings explaining the basis for the decision, and providing a deadline for any modified compliance obligations and payment of fines and/or fees, with a notification that fines will resume accruing daily until the subject violation(s) is corrected, if applicable.
(7) Any appellant who fails to appear at the hearing on the designated date and time is deemed to have waived the right to a hearing and to object to any of the proceedings at the hearing, provided that the hearing was properly noticed and no continuances were granted.
c. Post-hearing procedures.
(1) The decision of the presiding officer is the final administrative action on the appeal.
(2) In the event the decision or appeal requires abatement of a nuisance or correction of any violation under this Code, the owner or other responsible party must abate the nuisance or correct the violation within ten days after the date of the decision or within such other period as the decision may direct.
(3) Failure to comply with a decision on appeal, including the failure to pay any administrative fines, fees, or abatement costs upheld on appeal, constitutes a misdemeanor.
(4) The provisions of section 15.12.060.B.4.d shall apply to the city's collection of unpaid administrative fines, fees and abatement costs upheld on appeal.
C. Criminal proceedings. Any person who violates this Code shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
1. Contents of criminal citation. An issued criminal citation shall contain:
a. The name and address of the owner or other responsible party in violation, as well as the address of the property where the violation has occurred or is occurring;
b. A statement of the provisions of this Code that have been violated;
c. The amount of the criminal citation fees and administrative fines requested to be imposed for the violations; and
d. The date of appearance for the owner, responsible person, firm, or corporation to appear in the Henderson municipal court.
2. Penalty. Any person, firm, or corporation that violates any of the provisions of this Code is guilty of a misdemeanor punishable by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day that a violation of this chapter continues, whether pursued criminally or civilly, constitutes a separate violation for purposes of criminal prosecution or civil proceedings. In addition to this fine, administrative fees and court administrative fees will be assessed.
3. Subsequent violations. Any person who is convicted of a violation of this Code for a third time for the same violation within a two-year period shall be guilty of a misdemeanor punishable by a minimum fine of not less than $500.00 or by imprisonment not to exceed six months in the city jail or by both such fine and imprisonment. Each day that a violation of this chapter continues, whether pursued criminally or civilly, constitutes a separate violation for purposes of criminal prosecution or civil proceedings.
D. Injunctive relief. The city may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, to restrain the continuance of a violation or compel the specific performance of a requirement imposed under this Code. The city may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, the city to take other action.
E. Other remedies and proceedings.
1. Graffiti.
a. Abatement of graffiti on residential property. City personnel or contractors may cover or remove graffiti on residential property, at the city's cost, if:
(1) The owner of the property consents to the covering or removal of the graffiti; or
(2) If code officials are unable to contact the owner of the property to obtain the owner's consent, the code official first provides the owner with written notice, sent by certified mail, return receipt requested and posted on the property on which the graffiti will be covered or removed at least five days before city personnel or a city contractor covers or removes the graffiti.
b. Abatement of graffiti on non-residential property. Actions for abatement of graffiti on non-residential property shall follow the abatement procedures and remedies set forth in section 15.12.060.B.2.
2. Abandoned nuisance. No owner or other responsible party shall allow an abandoned nuisance to exist on the owner's property. The city may employ the remedies and enforcement provisions of this section in response to any abandoned nuisance.
a. Abandoned nuisance notice. When an abandoned nuisance exists on any property, the code official may send the owner a written notice to abate the abandoned nuisance. The notice shall be entitled "Notice of Abandoned Nuisance" and shall:
(1) Identify property upon which the abandoned nuisance is located;
(2) Include a description of the conditions or activities that constitute the abandoned nuisance as defined by this Code;
(3) Specify the date, at least 30 days from the date of the notice if the nuisance is not an immediate danger to the public health, safety, and welfare and was caused by the criminal activity of a person other than the owner, by which the condition or activities must be abated in order to prevent the matter from being submitted to the city attorney's office to file an action in a court of competent jurisdiction to seek:
(a) Abatement of the nuisance;
(b) Repair, safeguarding, or demolition of any property or structure where the abandoned nuisance is located or occurring;
(c) Court authorization to carry out the abatement, repair, safeguard, or demolition of the nuisance; or
(d) Civil penalties against the owner; and/or
(e) Any other relief deemed appropriate by the court.
(4) Be sent by certified mail, return receipt requested, to the owner of the property at the address of record with the Clark County Assessor;
(5) Provide notice of the opportunity for a hearing before a court of competent jurisdiction;
(6) Advise the owner that the time to abate the condition or activities is tolled for the period during which the owner has requested a hearing and receives a decision from the court; and
(7) Advise the owner that the city may recover the money expended for labor and materials used to abate the condition or activities, or if applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring, through a special assessment against the property.
b. Abandoned nuisance remedy. Upon finding by a court of competent jurisdiction that an abandoned nuisance exists, the court may:
(1) Impose a civil penalty of not more than $500.00 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, if the property is residential property, and not more than $750.00 per day if the property is nonresidential property;
(2) Order the owner to pay the city for all costs incurred by the city, including its fees imposed, in abating the condition;
(3) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who occupy the property legally and are affected by the abandoned nuisance; and
(4) Order any other appropriate relief.
c. Collection of costs, fees and civil penalties. The city may make the costs and fees incurred in abating the condition a special assessment against the property in which the abandoned nuisance is or was located or occurring, pursuant to the procedures of section 15.12.060B.2.e. Civil penalties awarded by the court that are not collected from the owner of the property may be collected through a special assessment against the property if:
(1) 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;
(2) The total amount of uncollected civil penalties is more than $5,000.00; and
(3) The owner has been billed, served or otherwise notified that the civil penalties are due.
3. Chronic nuisance. No owner or other responsible party shall allow the existence of a chronic nuisance upon the owner's property. The city may employ the remedies and enforcement provisions of this section in response to any chronic nuisance.
a. Chronic nuisance notice. When a chronic nuisance exists on any property, the code official may send the owner a written notice to abate the chronic nuisance. The notice shall be entitled "Notice of Chronic Nuisance" and shall:
(1) Identify the property upon which the chronic nuisance is located;
(2) Include a description of the conditions or activities that constitute the chronic nuisance as defined by this chapter;
(3) Specify the date, at least 30 days from the date of the notice if the nuisance is not an immediate danger to the public health, safety, and welfare and was caused by the criminal activity of a person other than the owner, by which the condition or activities must be abated in order to prevent the matter from being submitted to the city attorney's office to file an action in a court of competent jurisdiction to seek abatement of the nuisance, penalties and other relief deemed appropriate by the court;
(4) Provide notice of the opportunity for a hearing before a court of competent jurisdiction;
(5) Advise the owner that the time to abate the condition or activities is tolled for the period during which the owner has requested a hearing and receives a decision;
(6) Be sent by certified mail, return receipt requested to the owner of the property at the address as listed with the Clark County Assessor; and
(7) Advise the owner that the city will recover the money expended for labor and materials used to abate the condition or activities, or if applicable, repair, safeguard or demolish a structure or property where the chronic nuisance is located or occurring, through a special assessment against the property.
b. Chronic nuisance remedy. Upon finding by a court of competent jurisdiction that a chronic nuisance exists, the court may:
(1) Impose a civil penalty of not more than $500.00 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 if the property is residential;
(2) Impose a civil penalty of not more than $750.00 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 if the property is non-residential;
(3) Order the owner to pay the city for all costs incurred by the city, including its fees imposed, in abating the condition;
(4) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and
(5) Order any other appropriate relief.
c. Collection of costs, fees and civil penalties. The city may make the costs and fees incurred in abating the condition a special assessment against the property in which the abandoned nuisance is or was located or occurring, pursuant to the procedures of section 15.12.060B.2.e. Civil penalties awarded by the court that are not collected from the owner of the property may be collected through a special assessment against the property if:
(1) 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;
(2) The total amount of uncollected civil penalties is more than $5,000.00; and
(3) The owner has been billed, served or otherwise notified that the civil penalties are due.
4. Municipal court abatement action. This procedure shall be followed when the code official and city attorney elect to pursue the chronic or abandoned nuisance remedies set forth in subsections 15.12.060.E.2 or 15.12.060.E.3, pursuant to NRS 268.4124 and 268.4126. This procedure may also be followed when the code official and city attorney determine that municipal court action may be warranted due to the scope of the nuisance and abatement needed, or when another provision of this Code or state law requires court action.
This subsection 15.12.060.E.4 shall not be construed to prevent the city from 1) administratively abating a nuisance as authorized under this chapter or 2) pursuing injunctive relief or other nuisance remedies authorized by law in any other court of competent jurisdiction.
(a) After the code official has properly served the notices required by subsections 15.12.060.B or 15.12.060.E, as applicable, if the owner or responsible party has not cured the violations of this Code as required in the notices, the code official may refer the matter to the city attorney or his or her designee to initiate an action in municipal court ("court") by filing a petition for abatement order with the court.
(1) The petition shall set forth the following:
a. The subject property address and Assessor's Parcel Number (APN);
b. The name of the property owner;
c. A description of the violation(s) occurring on the subject property constituting a nuisance under this Code;
d. The dates and nature of all violation notices issued by the city prior to the filing of the petition;
e. The outcome of any administrative appeals proceedings regarding the violations, if any occurred; and
f. The city's requested relief.
(2) The petition shall be served on the property owner by personal service or by certified mail, return receipt requested, at the address of record for the property owner as listed with the Clark County Assessor, and shall also be posted on the subject property.
(3) Once service has been effectuated, an affidavit of service shall be completed and filed with the court. For a certified mailing to the owner, service of the petition shall be deemed complete upon proof of mailing, regardless of whether the owner accepts the mailing.
(b) Once the court has received a complete filed petition and affidavit of service, it shall set a hearing date no later than 30 days from the date of service of the petition.
(1) The court shall provide notice of the hearing date, time, and location to the city attorney's office, who shall serve the notice on the property owner in the same manner the petition is served.
(2) Any compliance deadlines set forth in the city's pre-hearing notices regarding the nuisance shall be stayed pending the court's decision following the hearing.
(3) The property owner may file with the court a written response to the petition no later than five days prior to the hearing. The owner must serve such response on the city attorney's office by regular mail or personal delivery.
(4) The court may continue the hearing at its discretion.
(c) Pre-hearing discovery.
(1) No party to the abatement action may serve any interrogatories or take any depositions prior to the abatement hearing.
(2) Either party to the abatement action may request that the other party provide a copy of the documents intended to be used during the hearing, including:
a. Written or recorded statements made by the owner or a witness, or copies thereof, within the possession, custody or control of the other party, the existence of which is known, or by the exercise of due diligence may become known, that the other party intends to use at the hearing;
b. Photographs of the subject property and the nuisance;
c. Notices the city issued to the property owner regarding the nuisance; and
d. Any other correspondence books, papers, documents, reports, tangible objects, or copies thereof, which the other party intends to use at the hearing.
(3) The owner is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:
a. An internal report, document or memorandum that is prepared by or on behalf of the city attorney in connection with the investigation or prosecution of the nuisance action.
b. A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the Constitution or laws of this state or the Constitution or laws of the United States.
(4) The city is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:
a. An internal report, document or memorandum that is prepared by or on behalf of the owner or the owner's attorney in connection with the investigation or defense of the nuisance action.
b. A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the Constitution or laws of this state or the Constitution of the United States.
(5) A party shall provide copies of requested documents in its possession, custody or control within three days of the request
(d) Hearing. The abatement hearing shall be conducted by a municipal court judge, with no jury, in the following manner:
(1) The city shall have the burden to prove by a preponderance of the evidence that the condition of the subject property constitutes a nuisance in violation of this Code.
(2) The court may admit all relevant documentary evidence and may hear testimony of the parties and any witnesses.
(3) The property owner or its legal counsel, as authorized in writing, must appear for the hearing. If the owner or its counsel does not appear for the hearing and has not requested a continuance, the court may continue the matter or enter an abatement order in favor of the city.
(4) The court shall render its decision within 14 days after the conclusion of the hearing. The decision shall be in writing and served upon both parties. The court may make any orders and award any relief authorized by this chapter and Nevada law based upon the evidence presented.
(5) No attorney's fees or costs shall be assessed against either party.
(6) The decision by the court shall be a final order.