This compilation and codification of the general ordinances of the city of Elko, Nevada, is declared to be and shall hereafter constitute the official city code of the city of Elko, Nevada. Any reference to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate title heading, its chapter heading, and its section heading, and to the general penalty clause relating thereto, as well as to the section itself. (1964 Code)

The ordinances embraced in the following titles and chapters shall be designated and shall constitute the ELKO CITY CODE, and may be so cited. (1964 Code)

The catchlines of the sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including catchlines, are amended or reenacted. (1964 Code)

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in this code of any such unconstitutional phrase, clause, sentence, paragraph or section. (1964 Code)

Except as provided in section 1-1-2 of this chapter, and unless expressly continued by specific provisions of this code, all ordinances of the city of a general, public and permanent nature enacted prior to the date of passage of this ordinance, are hereby repealed, effective coincidentally with the effective date of this ordinance. Without limiting the generality of the foregoing, the following ordinances of the city are expressly repealed, effective coincidentally with the effective date of this ordinance: City ordinance nos. 3, 5, 16, 23, 24, 30, 31, 37, 42, 45, 47, 55, 60, 62, 63, 70, 71, 73, 76, 78, 79, 80, 81, 85, 88, 89, 94, 95, 105, 106, 107, 108, 110, 115, 122, 123, 124, 125, 127, 128, 129, 130, 131, 134, 135, 136, 139, 140, 141, 142, 145, 146, 147, 148, 149, 150, 152, 153 and 154. (1964 Code)

   A.   The adoption and enactment of this code shall not be construed to repeal or in any way affect or modify:

      1.   Any special or temporary ordinance.

      2.   Any ordinance making an appropriation.

      3.   Any ordinance affecting any bond issue or by which any bond issue may have been authorized.

      4.   The continued existence and operation of any agency, department or office heretofore legally established or held.

      5.   Any bond of any public officer.

      6.   Any taxes, fees, assessments or other charges incurred or imposed.

      7.   Tax levy ordinances.

      8.   Ordinances relating to boundaries and annexations.

      9.   Franchise ordinances and other ordinances granting special rights to persons or corporations.

      10.   Contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants.

      11.   Ordinances establishing, naming or vacating streets, alleys or other public places.

      12.   Improvement ordinances.

      13.   Ordinances relating to elections.

      14.   Ordinances relating to the transfer or acceptance of real estate by or from the city.

      15.   All special ordinances.

   B.   All ordinances, rights and obligations set forth in subsection A of this section shall continue and exist in all respects as if this code had not been adopted and enacted.

   C.   The repeal of prior ordinances provided in section 1-2-1 of this chapter shall not affect any act done, or any cause of action accrued or established, or any plea, defense, bar or matter subsisting before the time when such repeal takes effect.

   D.   All the provisions of the ordinances repealed by section 1-2-1 of this chapter shall be deemed to have remained in force from the time they became effective so for as they may apply to any department, agency, office or trust, or to any transaction, event, limitation, right or obligation, or to the construction of any contract already affected by such ordinances, notwithstanding the repeal of such provisions.

   E.   No fine, forfeiture or penalty incurred under ordinances existing prior to the time this code takes effect shall be affected by repeal of such existing ordinances, and the recovery of such fines and forfeitures and the enforcement of such penalties shall be effected as if the ordinance repealed had remained in effect.

   F.   Where an offense was committed prior to the time this code takes effect, the offender shall be punished under the ordinance in effect when the offense was committed.

   G.   No ordinance which heretofore has been repealed shall be revived by the repeals provided in section 1-2-1 of this chapter.

   H.   The repeal by section 1-2-1 of this chapter of any ordinance validating previous acts, contracts of transaction shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no such repeal.

   I.   If any provision of this code enacted by this ordinance and derived from an ordinance which amended or repealed a preexisting ordinance is held unconstitutional, the provision of section 1-2-1 of this chapter shall not prevent the preexisting ordinance from being law if that appears to have been the intention of the city council or the people. (1964 Code)

No ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of the preceding section, excepting as this code may contain provisions for such matters, in which case this code shall be considered as amending such ordinance or ordinances in respect of such provisions only. (1964 Code)

   A.   No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

   B.   This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

   C.   Nothing contained in this or the preceding section shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of adoption of this code. (1964 Code)

Except as provided in ECC Title 7, Chapter 2, every person convicted of a violation of this code or of committing an act which is prohibited or made or declared unlawful, or made or declared an offense by this code, or any city ordinance, shall be punished by imprisonment in the county jail or city jail, or in such other place as may be provided by the city for the incarceration of offenders, for not more than six (6) months, or by a fine of not more than one thousand dollars ($1,000.00), or by both fine and imprisonment, unless this code or ordinance violated at the time of commission of such offense prescribes a different specific fine or penalty. (Ord. 321, 12-8-1981; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

Except as provided in ECC Title 7, Chapter 2, the municipal court, before whom any conviction is had, may order any person upon whom any fine or penalty shall be imposed to be committed to the county jail or the city jail, or to such other place as may be provided by the city for the incarceration of offenders, until such fine or penalty shall be fully paid. (Ord. 233, 8-10-1976; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

Reserved. (Ord. 233, 8-10-1976; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

Reserved. (Ord. 233, 8-10-1976; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

Reserved. (Ord. 233, 8-10-1976; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

Except as provided in ECC Title 7, Chapter 2, in all cases where a corporation is convicted of a violation of this code or a city ordinance for the commission of which the natural person would be punishable, and there is no other punishment prescribed by this code or ordinance violated, such corporation shall be punished by a fine not exceeding one thousand dollars ($1,000.00). (Ord. 321, 12-8-1981; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

Reserved. (Ord. 233, 8-10-1976; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

Reserved. (Ord. 233, 8-10-1976; amd. Ord. 877, 11-2-2022, eff. 1-1-2023)

The city council members may set by resolution a late charge for overdue payment for any services provided by the city to the public. Any such late charge must accompany the overdue payment to defray the expenses incurred by the city in handling and processing such delinquent payments and to compensate the city for the loss of use of such revenue. Services provided by the city which may be subject to a late charge include, but are not limited to, the following: water, sewer, street light services, landfill charges, and land lease payments. (Ord. 582, 5-14-2002)

In the construction of this code, and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:

   ADOPTING AUTHORITY: When used herein as to rules and regulations, it shall mean any officer, employee, agent or agency of the city of Elko, including councils or commissions of members thereof, authorized by ordinance to make rules and regulations.

   CITY: The city of Elko, Elko County, Nevada.

   CITY CLERK: The city clerk of the city of Elko.

   CITY TREASURER: The city treasurer of the city of Elko.

   CODE OR THIS CODE: This Elko city code.

   COMPUTATION OF TIME: The time within which an act is to be done shall be computed by excluding the first and including the last day, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

   COUNCIL OR CITY COUNCIL: The city council of the city of Elko.

   COUNTY: The county of Elko, Nevada.

   GENDER: A word importing the masculine gender shall extend and be applied to females and to firms, partnerships and corporations, as well as to males.

   INTERPRETATION: In the interpretation and application of any provision of this code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this code imposes greater restrictions upon the subject matter than the general provisions imposed by this code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

   NUMBER: Words used in the singular include the plural and the plural includes the singular number.

   OATH: Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

OR/AND: "Or" may be read "and" and "and" may be read "or", if the sense requires it.

   OWNER: When applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or owner of a community property interest therein, or the owner of the whole thereof.

   PERSON: Shall include a corporation, firm, partnership, association, organization, and any other group acting as a unit, including the officers thereof, as well as an individual.

   PERSONAL PROPERTY: Includes every species of property, except real property.

   PROPERTY: Shall include real and personal property.

   REAL PROPERTY: Shall include land, tenements and hereditaments, and all buildings thereon and permanent improvements thereto.

   SIDEWALK: Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians.

   STREET: Shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge, and the approaches thereto within the city. (1964 Code)

All city elections and the manner of holding the same shall be governed and conducted in accordance with the city charter, this chapter, and the laws of the state governing general elections, so far as the same can be made applicable to such city elections, and except as herein provided, and the rules and regulations for the conduct of primary and general elections in all counties of the state, issued by the department of state, the state of Nevada, pursuant to Nevada Revised Statutes title 24, so far as the same can be made applicable to city elections, and except as herein provided. In those elections held at the time of state elections as provided hereafter, the city clerk may work in cooperation with the county clerk of the county of Elko to ensure compliance with the city clerk's duties and responsibilities hereunder and to avoid unnecessary expense and use of resources by the city. Only those minimum requirements of state law in conducting city elections shall be required of any city election and any variance therefrom shall not invalidate any city election. (Ord. 778, 1-14-2014)

(Ord. 778, 1-14-2014)

(Ord. 778, 1-14-2014)

   A.   A candidate for any office to be voted for at a general city election shall file an affidavit of candidacy with the city clerk during regular business hours of the city clerk. The city clerk shall charge and collect from each candidate and each candidate shall pay to the city clerk, at the time of filing of the affidavit of candidacy, a filing fee as set by resolution of the city council. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city. No person shall be deemed a candidate for office at such election or be entitled to have his name placed upon the official ballot unless such person has filed such affidavit of candidacy and paid the filing fee as set by the city council.

   B.   A candidate for any office to be voted for at the general city election must file a declaration of candidacy with the city clerk not later than five o'clock (5:00) P.M. on any business day not earlier than the first Monday in March of the year in which the election is to be held nor later than the second Friday after the first Monday in March. The secretary of state shall prescribe the form for the declaration of candidacy. (Ord. 778, 1-14-2014)

The city will be divided into precincts designated by the Elko County election officials in accordance with the applicable provisions of Nevada Revised Statutes. (Ord. 778, 1-14-2014)

Official general city election ballots shall contain the names of candidates grouped alphabetically under the title of the office for which such candidates file. In years in which the mayor will be elected, the candidates for mayor shall be listed first followed by the candidates for council members. At the top of the general election ballots shall be printed "Official Ballot", under that shall be printed "Elko City General Election", and under that shall be printed the date of the election. All other details relating to ballots shall be controlled and governed by the laws of the state governing general election laws, so far as the same may be applicable, and the rules and regulations, for the conduct of primary and general elections, as amended from time to time, issued by the secretary of state, so far as the same may be applicable. (Ord. 778, 1-14-2014)

Voting by absent ballot or early voting by personal appearance shall be conducted as prescribed by the laws of the state in effect at the time of such voting as set forth in Nevada Revised Statutes chapter 293C, so far as such laws are applicable to city elections. (Ord. 778, 1-14-2014)

   A.   Every person who resides within the exterior boundaries of the city at the time of holding any city election, and whose name appears upon the official register of voters in and for the city, shall have the right to vote at each city election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city election.

   B.   Registration of the electors or voters in the city shall be accomplished in the manner provided in the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. Registration shall close at the time specified in Nevada Revised Statutes chapter 293C for the close of registration for a general election. (Ord. 778, 1-14-2014)

Unless otherwise ordered by the city council, no list of electors registered to vote at any city election need be published. The city clerk shall, at least ten (10) days before any election, cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

   A.   The city clerk shall mail a notice of the change to each registered voter in the city not sooner than ten (10) days before mailing the sample ballots; or

   B.   The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

   (Ord. 778, 1-14-2014)

Election boards shall be appointed as prescribed by the laws of the state in effect at the time of such election as set forth in Nevada Revised Statutes chapter 293C. (Ord. 778, 1-14-2014)

(Ord. 778, 1-14-2014)

Notice of close of registration shall be given by the city clerk at the time and in the manner provided for in Nevada Revised Statutes chapter 293C and Nevada administrative code chapter 293C. The city clerk shall include in the notice of close of registration a statement indicating the last date and time on which persons may file affidavits of candidacy and pay the filing fee for such election in the manner specified in section 1-5-4 of this chapter. The city council shall, by resolution, enact a proclamation and order containing the information required by NAC 293C.060 pertaining to the publication of notices designating the offices for which candidates are to be elected. The city clerk shall thereafter publish in a newspaper having a general circulation in the city, a copy of the proclamation, resolution and order described in this section. The proclamation, resolution and order shall be published once a week for four (4) consecutive weeks, the first publication thereof to be made within one week from the date of enactment of such proclamation, resolution and order. The city clerk shall also post a copy of the proclamation, resolution and order in the office of the city clerk within one week from the date of its enactment and shall further post a copy of the notice of close of registration to be given pursuant to Nevada Revised Statutes chapter 293C in the office of the city clerk within one week of the date of first publication of such notice of close of registration. (Ord. 799, 1-12-2016)

   A.   Time: The city council shall hold regular meetings on the second and fourth Tuesdays of each calendar month, commencing at four o'clock (4:00) P.M.; provided, however, that when the day fixed for any regular meeting of the city council falls upon a date designated by law as a legal or national holiday, such meetings shall be held at the same hours on the next succeeding day not a holiday.

   B.   Place: All regular meetings of the city council shall be held at the city hall of the city, or at such place as may be designated by the unanimous consent of the city council. If the meeting is not held at the city hall, notice of such meeting shall be given to each member of the city council by certified mail, with the postage and certification charges prepaid, and mailed to each member of said council at least three (3) working days prior to the time for such meeting.

   C.   Meeting Cancellation: A regular meeting of the city council may be cancelled by majority vote of the city council. Notice of such cancellation shall be posted in the same manner as a meeting agenda pursuant to section 1-6-6 of this chapter, and published in a newspaper of local circulation. (Ord. 578, 12-12-2001)

   A.   Time: Special meetings may be held at the city hall on call of the mayor or by a majority of the city council, by giving a minimum of three (3) working days' written notice of such special meeting to each member of the city council prior to the meetings, and notice as required by the Nevada open meeting law, Nevada Revised Statutes chapter 241.

   B.   Place: All special meetings of the city council shall be held at the city hall, or at such other place within the city as may be designated by the mayor or a majority of the city council upon giving proper notice of the time and location of the meeting as required by the Nevada open meeting law.

   C.   Business Transacted: No business may be transacted unless the requirements of section 1-6-6 of this chapter have been complied with. (Ord. 423, 6-23-1992)

No action shall be taken by a majority of the city council at any regular or special meeting, unless such meeting is properly noticed or called, and the record thereof, is assented to in writing by all of the members of the city council. (Ord. 254, 9-19-1977)

   A.   Except as provided by law, or herein, all meetings of the city council, whether regular or special or called, shall be open and public, and all persons shall be permitted to attend any meeting of the city council subject to their removal for violation of section 1-6-16 of this chapter; provided, however, nothing contained herein shall be construed to prevent the city council from holding:

      1.   A closed meeting to consider the character, alleged misconduct, professional competency or physical or mental health of a person.

      2.   A closed meeting for the discussion of the appointment of any person to public office or as a member of a public body.

   B.   The city council may exclude from any such public or private meetings, during the examination of a witness, any or all other witnesses in the matter being investigated by the city council. (Ord. 254, 9-19-1977)

A simple majority of all members of the city council, consisting of four (4) council members and the mayor, will constitute a quorum for the transaction of business. In the absence of a quorum, the city council may meet and recess from time to time, and may compel the attendance of the absent members. (Ord. 254, 9-19-1977)

   A.   Agenda: Any person desiring to present any matter to the city council, shall, at least four (4) working days prior to the meeting of the city council at which such person wishes to present such matter, notify the city manager, or in his absence the assistant city manager, or in his absence the city clerk, and request time for the meeting, and supply the name, address and telephone number of the person or persons who shall appear before the city council, a summary of the matter or matters to be presented and a copy of any written material to be submitted to the city council, if the material is such that copies can be supplied without unnecessary expense, also an estimate of the length of time required for the presentation. If the agenda for the meeting requested is full, the mayor or city council, or the city manager may set the matter for presentation at the next meeting of the council, special or regular, at which there is time available in the agenda. The city council shall refuse to hear any matter not placed on the agenda at least four (4) working days prior to such meeting, as herein provided, and the matter must be set for presentation at a later date. The city manager, or in his absence the assistant city manager, or in his absence the city clerk, shall prepare an agenda according to the order of business for each meeting, and furnish the mayor and each member of the city council with a copy of the same prior to the council meeting and as far in advance of the meeting as time for preparation will permit, but not less than three (3) working days prior to said meetings.

   B.   Notice Of Agenda: Except in an emergency, as set forth in section 1-6-20 of this chapter, written notice of the agenda to be discussed at all meetings shall be given at least three (3) working days before the meeting. The notice shall include the time, place, location and agenda of the meeting. A copy of the notice shall be posted at the Elko city office, the Elko County courthouse, the city police office in Elko, and the Elko County library. If a regular or special meeting of the city council is held at a place other than the city offices, then the notice shall be posted in such meeting place, the Elko County courthouse, the city police office and the Elko County library. A copy of said notice shall be mailed to any person who requested notice of the meetings of the city council in the same manner in which notice is mailed to a member of the city council. A request for the notice shall lapse six (6) months after it is made and this fact shall be made by enclosure with or notation upon the first notice sent to a requesting person. It shall be the responsibility of the city manager, or in his absence the assistant city manager, or in his absence the city clerk, to see that the proper posting and mailing of the notice of said meetings has been carried out. In that the regular meetings of the city council are held on the second and fourth Tuesdays of each calendar month, the city manager shall see that the notice of meetings is posted no later than four thirty o'clock (4:30) P.M. on the Wednesday preceding the meeting. In the event a legal holiday falls on a working day between the Tuesday meeting and the preceding Wednesday, then the posting shall be moved back one working day for each day recognized as a legal holiday. (Ord. 254, 9-19-1977)

The presiding officer of the city council shall be the mayor, or if the mayor is absent from the city, sick or unable or refuses to perform the duties of his office, the vice president. In case of the absence of both the mayor and vice president, the remaining council members shall elect one of their members to act instead of the mayor or vice president. The presiding officer shall preserve strict order and a decorum at all regular and special meetings of the council. He shall state every question coming before the council, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which event a majority vote of the city council shall govern conclusively to determine such question of order. The presiding officer shall vote on all questions the same as other council members, his name being called last. The mayor shall sign all ordinances and resolutions adopted by the city council during his presence. In the event of the absence of the mayor, the presiding officer shall sign ordinances, or resolutions as then adopted. (Ord. 254, 9-19-1977)

The mayor, or in his absence, the vice president, shall take the chair at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor and vice president, the city clerk shall call the council to order, whereupon a temporary chairperson shall be elected by the members of the council present. Upon arrival of the mayor or vice president, the temporary chairperson shall immediately relinquish the chair upon conclusion of the business immediately before the council. (Ord. 254, 9-19-1977)

Before proceeding with the business of the city council, the city clerk, or the clerk's deputy, shall take the roll of the members, and the names of those present shall be entered in the minutes. (Ord. 254, 9-19-1977)

(Rep. by Ord. 575, 10-9-2001)

Unless the reading of the minutes of the city council meeting is requested by a member of the council, such minutes may be approved without reading if the city clerk has previously furnished each member with a synopsis thereof. (Ord. 254, 9-19-1977)

   A.   Presiding Officer May Debate And Vote, Etc.: The mayor or vice president, or such other member of the city council as may be presiding, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a council member by reason of his acting as the presiding officer.

   B.   Getting The Floor; Improper References To Be Avoided: Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

   C.   Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.

   D.   Privilege Of Closing Debate: The council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

   E.   Motion To Reconsider: A motion to reconsider any action taken by the city council, may be made only on the day such action was taken. It may be made either immediately, during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing sides, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the city council from making or remaking the same or any other motion at a subsequent meeting of the city council.

   F.   Remarks Of Council Members; When Entered In Minutes: A council member may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the city council entered in the minutes. If the city council consents thereto, such statement shall be entered in the minutes.

   G.   Synopsis Of Debate; When Entered In Minutes: The city clerk may be directed by the presiding officer, with consent of the city council to enter in the minutes a synopsis of the discussion on any questions coming regularly before the city council. (Ord. 254, 9-19-1977)

Any person desiring to address the council shall first secure the permission of the presiding officer so to do; provided, however, that under the following headings of business, unless the presiding officer rules otherwise, any qualified person may address the council without securing such prior permission:

   A.   Written Communications: Interested parties or their authorized attorney or representative may address the council by written communications in regard to matters then under discussion.

   B.   Oral Communications: Taxpayers or residents of the city, or their authorized attorney or representative, may address the council by oral communications on any matter that appears on the agenda; provided, however, that preference shall be given to those persons who may have notified the city manager, or in his absence the city clerk, in advance of their desire to speak.

   C.   Reading Of Protests, Etc.: Interested persons or their authorized attorney or representative may address the council by reading of protests, petitions or communications relating to zoning, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters in regard to matters then under consideration. (Ord. 254, 9-19-1977)

After a motion is made for consideration by the council of a matter set forth in the agenda, no person shall address the council without first securing the permission or the presiding officer so to do. (Ord. 254, 9-19-1977)

Each person addressing the council shall first give his name and address for the records, and unless further time is granted by the presiding officer, shall limit his address to five (5) minutes. All remarks shall be concise and direct, based on the facts of the case, and addressed to the council as a body and not to any member thereof. No person other than the mayor, the members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked a council member except through the presiding officer. (Ord. 254, 9-19-1977)

   A.   It shall be unlawful for any person or persons to do any of the following at any meeting of the city council:

      1.   Disturb the meeting or the peace of the city council;

      2.   Behave in a disorderly manner;

      3.   Use profane, vulgar or obscene language;

      4.   Use threatening, offensive, abusive, impertinent or slanderous remarks;

      5.   Disrupt the meeting by act, comment, demonstration or noise;

      6.   Refuse to obey the orders of the presiding officer;

      7.   Violate the order and decorum of the meeting.

   B.   Any person or persons violating any provisions of this section shall be punished as provided in title 1, chapter 3, of this code and may be removed from the meeting, except for a council member, and denied further attendance at such meeting.

   C.   The chief of police, or such member or members of the police department as he may designate, shall be sergeant at arms of the council meeting. He or they shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the city council meeting. Upon instructions of the presiding officer, it shall be the duty of the sergeant at arms to place any person who violates any provision of this section under arrest, remove such person from the meeting and cause such person to be prosecuted under the provisions of this code. The complaint to be signed by the presiding officer.

   D.   By a majority vote of the council, any council member may be punished or reprimanded for disorderly conduct during a meeting, and, with the concurrence of four (4) of the council members, may expel a member from a meeting for violations of any provision of this section. (Ord. 254, 9-19-1977)

Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the council entered on the minutes. (Ord. 254, 9-19-1977)

All reports submitted to the city council and resolutions passed by the city council, shall be filed with the city clerk and entered on the minutes. (Ord. 254, 9-19-1977)

A motion to adjourn shall always be in order and decided without debate. (Ord. 254, 9-19-1977)

An emergency meeting may be held when unforeseen circumstances which require immediate action occur. Such circumstances include, but are not limited to, disasters caused by fire, flood, earthquake or other natural causes, or any impairment of the health and safety of the public. (Ord. 254, 9-19-1977)

Those days during which the governmental offices in the city are normally open for full time business, being Monday through Friday, and excepting legal holidays. (Ord. 254, 9-19-1977)

All financial operations of the city shall be accomplished in compliance with Nevada Revised Statutes. These operations include, but are not limited to, budgeting, accounting, auditing and financial reporting. (Ord. 568, 6-26-2001)

   A.   General Fund: The general fund shall be used to account for all general purpose services provided to the citizens of the city and general tax revenues used to provide those services.

      1.   General Fund Revenues:

         a.   Establishment Of "Base" General Fund Revenues: The tentative budget for each fiscal year shall include total general fund revenues calculated by estimating current year revenues and factoring the total up by an inflation factor.

         b.   Estimated General Fund Revenues: All general fund revenues will be estimated using historic data, trend analysis and information provided by other agencies.

The estimate for sales taxes each year shall be reduced by a factor equal to that percentage of the total sales tax collections attributable to construction, as reported by the department of taxation.

         c.   "Base" Revenues Exceed Estimated Revenues: When the "base" general fund revenues exceed estimated general fund revenues, the city council shall take one of the following actions:

            (1)   Reduce specific service levels resulting in a budget savings equal to the difference between "base" and estimated general fund revenues.

            (2)   Increase the property tax rate, where allowable, to a tax rate that will produce an amount equal to the difference between "base" and estimated general fund revenues.

            (3)   Increase other fees or taxes to generate revenue equal to the difference between "base" and estimated general fund revenues.

         d.   Estimated Revenues Exceed "Base" Revenues: When estimated general fund revenues exceed "base" general fund revenues, the city council shall take one of the following actions:

            (1)   Enhance specific service levels resulting in increased expenditures equal to the difference between "base" and estimated general fund revenues.

            (2)   Lower the property tax rate that will reduce estimated property tax revenue in an amount equal to the difference between "base" and estimated general fund revenues.

            (3)   Allocate that amount equal to the difference between "base" and estimated general fund revenues to a specific capital project.

            (4)   Allocate that amount equal to the difference between "base" and estimated general fund revenues to the capital equipment fund.

            (5)   Reduce other fees or taxes to reduce estimated revenues to equal "base" revenues.

      2.   General Fund Expenditures:

         a.   Every effort shall be made to increase efficiency of city operations in order to reduce expenditure levels.

         b.   An appropriation equal to one and five-tenths percent (1.5%) of general fund operating expenditures shall be budgeted in a "contingency" account each year.

      3.   General Fund Ending Fund Balances:

         a.   Disposition Of Excess Fund Balances:

            (1)   Excess fund balance shall be calculated by subtracting the estimated ending fund balance from the audited, or actual, fund balance.

            (2)   Any excess fund balance shall be allocated as follows:

   (A) Twenty five percent (25%) to a revenue stabilization fund, established pursuant to Nevada Revised Statutes section 354.6115, up to the maximum amount allowed.

   (B) Thirty seven and five-tenths percent (37.5%) to a capital equipment reserve fund.

   (C) Thirty seven and five-tenths percent (37.5%) to a facility reserve fund.

         b.   Ending Fund Balance: An ending fund balance equal to eight and three-tenths percent (8.3%) of operating expenditures shall be budgeted each year.

   B.   Capital Equipment Fund: The capital equipment fund shall be used to accumulate resources and make purchases of capital equipment for general purpose, nonenterprise, operations.

      1.   Resources: Annual resources shall consist of:

         a.   That amount of sales tax revenues attributable to "construction" as reported by the department of taxation.

         b.   Transfers from the general fund of any excess ending fund balances.

         c.   Transfers from the general fund of available resources.

         d.   Property taxes.

      2.   Expenditures:

         a.   Each year, the city council shall adopt a five (5) year capital equipment plan.

         b.   Single capital equipment purchases in excess of one hundred thousand dollars ($100,000.00), with an expected life of ten (10) years or more, may be considered for medium term financing.

         c.   Prior to giving approval for specific capital equipment purchases, the following factors shall be considered:

            (1)   Frequency of use for the proposed equipment.

            (2)   Availability and costs associated with renting the equipment. (Ord. 568, 6-26-2001)

   A.   Establishment Of Rates: The city council shall determine the property tax rate each year after compilation of a tentative budget, and approval of the final budget after the appropriate public hearings.

   B.   Adoption Of Rate By Resolution: The city council shall adopt the property tax rate each year by resolution. (Ord. 568, 6-26-2001)

The capital equipment fund shall be used to accumulate resources and make purchases of capital equipment for general purpose, nonenterprise, operations.

   A.   Resources: Annual resources shall consist of:

      1.   That amount of sales tax revenues attributable to "construction", as reported by the department of taxation.

      2.   Transfers from the general fund of any excess ending fund balances.

      3.   Transfers from the general fund of available resources.

      4.   Property taxes.

   B.   Expenditures:

      1.   Each year, the city council shall adopt a five (5) year capital equipment plan.

      2.   Single capital equipment purchases in excess of one hundred thousand dollars ($100,000.00), with an expected life of ten (10) years or more, may be considered for medium term financing.

      3.   Prior to giving approval for specific capital equipment purchases, the following factors shall be considered:

         a.   Frequency of use for the proposed equipment.

         b.   Availability and costs associated with renting the equipment. (Ord. 568, 6-26-2001)

As used in this chapter, unless the context otherwise requires, the words and terms defined in this chapter have the meanings ascribed to them in this section:

   DIVISION: The division of records management to the city clerk's office.

   DUPLICATE: Any accurate and unabridged copy of a record or series of records which is not an original.

   NONRECORD MATERIAL: Published books and pamphlets, books and pamphlets printed by a governmental printer, worksheets used to collect or compile data after the data has been included in a record, answer pads for a telephone or other informal notes, stenographers' notes after the information contained therein has been transcribed, unused forms except ballots, brochures, newsletters, magazines or newspapers, except those portions of newspapers retained as evidence of publication, scrapbooks and property left or deposited with an office which would otherwise be defined as a record, except that the ownership of that property does not reside with the city of Elko.

   OFFICE: An office, department, council, commission, committee, agency, or any other subdivision of the city of Elko.

   ORIGINAL: An "original", as defined in Nevada Revised Statutes section 52.205, a reproduction made pursuant to the provisions of Nevada Revised Statutes section 239.051, or any record designated by the records committee to be an original. An original made pursuant to the provisions of Nevada Revised Statutes section 239.051 consists of both the stored copy, and the copy maintained for the use of authorized persons.

   RECORD: All documents, papers, letters, pamphlets, books, maps, charts, blueprints, drawings, photographs, films, sound recordings, magnetic or other tapes, hardware and software used to process electronic data, punched cards, computer generated printouts, audio or video discs or other discs used to store and retrieve information, portions of newspapers received as evidence of publication, artifacts entered as exhibits in a proceeding in any court, and any other documentary evidence, regardless of physical form or characteristics, and including all duplicates thereof, made or received pursuant to a law or ordinance, or in connection with the transaction of the official business of any office of the city of Elko.

   RECORDS COMMITTEE: The records committee established in section 1-8-4 of this chapter. (Ord. 378, 12-22-1987)

   A.   Created: Pursuant to the provisions of Nevada Revised Statutes section 239.125(1), the records management program is hereby created in the office of the city clerk. The division is administered by the city clerk.

   B.   Intent: It is the intent of the city council that the records management program, follow accepted:

      1.   Procedures for the management of records to increase the efficiency of the records keeping system and reduce the administrative costs associated with the creation, maintenance, use, retention and disposition of records; and

      2.   Standards of archival practice to ensure the preservation of records with permanent value and maximum accessibility to records for the general public. (Ord. 378, 12-22-1987)

The city clerk shall:

   A.   Establish standards, procedure and techniques for the effective management of records;

   B.   Make continuing surveys of current practices for the management of records and recommend improvements in those practices, including the use of space, equipment and supplies to create, maintain and store records;

   C.   Establish standards for the preparation of schedules providing for the retention of records of continuing value and for the prompt and orderly disposition of records which no longer possess sufficient administrative, fiscal, legal or research value to warrant their further retention;

   D.   Establish, maintain and operate a center for storing and receiving records of the several city offices pending their disposition in a manner prescribed by law;

   E.   Establish a unit to provide micrographics services to the several offices of the city;

   F.   Establish a program for the management of forms and files;

   G.   Establish a program for the protection of records essential for the continuation or reestablishment of governmental operations in the event of natural or other disaster; and

   H.   Establish a program for the preservation and conservation of records designated by the state librarian or the division as having a permanent value. (Ord. 378, 12-22-1987)

   A.   Established: A records committee is hereby established to be known as the city records committee.

   B.   Composition: The city records committee shall be composed of:

      1.   The city attorney or city auditor;

      2.   The city clerk;

      3.   The city manager or assistant manager;

      4.   Accounts payable clerk;

      5.   Public works director. (Ord. 378, 12-22-1987)

The records committee shall:

   A.   Approve all records retention and disposition schedules, requests for the purchase of filing equipment or the creation of a new form, or an application for conversion to micrographics, word processing or data processing;

   B.   Review any request for access to information which was denied by an official to determine whether the denial was in keeping with prevailing law; and

   C.   Review all proposals for the expansion or modification of the records management program and make recommendations to the city council. (Ord. 378, 12-22-1987)

   A.   Transferred Records: The right of custody and control of records transferred to the city records center shall remain with the transferring office.

   B.   Accessions: The rights of custody and control of accessions to the City archives transfer to the city clerk at the time the records are accepted as an accession. (Ord. 378, 12-22-1987)

Records may be disposed of only in accordance with the schedules for the retention and disposition of records prepared by the city clerk and approved by the records committee. (Ord. 378, 12-22-1987)

   A.   Authorized; Exception: Records to be destroyed must be shredded or burned (unless prohibited by local ordinance).

   B.   Supervision Of Destruction: The records administrator or a representative of the office must supervise the destruction of all records in their care and attest that such destruction was carried out in a method provided by law. (Ord. 378, 12-22-1987)

   A.   Established: The retention periods established by the retention schedule developed under the authority of Nevada Revised Statutes section 239.125 by the Nevada state library division of archives and records shall be the minimum retention schedule for records of the city and may be changed from time to time as new schedules are provided by the division of archives and records.

   B.   Handbook: The Nevada local government records manual shall be the records management handbook for the records management program of the city.

   C.   Schedules Superseded: The retention periods established in the regulations of the state library division of archives and records shall supersede all record retention schedules adopted by the city council pursuant to Nevada Revised Statutes section 239.125, except those schedules which are more stringent than the periods provided for in this regulation. (Ord. 378, 12-22-1987)

If any section, subsection, paragraph, clause or provision of this chapter shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section or subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this chapter. (Ord. 378, 12-22-1987)

All ordinances, or parts of ordinances, sections, subsections, phrases, sentences, clauses or paragraphs contained in this code in conflict herewith are repealed. (Ord. 378, 12-22-1987)

   A.   Specified: The following types of information, which are maintained by the city, are confidential:

      1.   Information relating to salaries paid in other than governmental employment which is furnished to the city on the condition that the source remain confidential;

      2.   Any document which is used by the city in negotiations with employees or their representatives which has not been made public by mutual agreement;

      3.   All information in the employee's application for employment, including, but not limited to, letters of reference and resumes, or his/her status as an applicant for employment;

      4.   All information that the city receives or compiles concerning the qualifications of an applicant or an employee, including, but not limited to, reports by employers, law enforcement officials, or other individuals concerning the hiring, promotion, performance, conduct or background of applicants or employees;

      5.   The rating and remarks concerning an applicant by any city employees in relation to the decision to hire the employee, to include the results of any testing or screening process for employment, or in relation to any personnel action by the city affecting the employee;

      6.   Materials used in examinations, including answers on any written examination or suggested answers for oral examinations;

      7.   Reports by employers, appointing authorities or law enforcement officials concerning the hiring, promotion or background of applicants or employees;

      8.   Information in an employee's file or record of employment which relates to his/her:

         a.   Performance;

         b.   Conduct, including any disciplinary actions taken against him/her;

         c.   Race, ethnic identity or affiliation, religious preference, sex, disability or date of birth;

         d.   Home telephone number, home facsimile number or personal electronic mail address;

         e.   All information concerning the voluntary or involuntary termination of an employee, excluding the dates of employment; or

         f.   Social security number or any other identifying numbers.

      9.   If the employee has requested that his personal mailing address be listed as confidential, his/her file must be so designated and his/her business address must be indicated.

      10.   The name of any beneficiary of an employee contained in the payroll document must not be released to anyone unless:

         a.   The employee dies; or

         b.   The employee signs a release.

      11.   Medical information concerning an employee or applicant, including, but not limited to, preemployment and postemployment medical and psychological examinations, and information concerning a disability and a resulting reasonable accommodation, drug testing, pregnancy, a medical excuse, and any other medical information that an employee or applicant voluntarily provides or the city requests.

      12.   The names or other identifying information pertaining to employees who are in sensitive law enforcement positions where public access to the employee identities could jeopardize their personal safety or job performance.

      13.   Information contained in an investigative file that has been determined to be confidential by the city.

   B.   Access: Access to confidential information is limited as follows:

      1.   Except as otherwise provided in this code, access to information relating to an applicant which is relevant to the city's decision to hire that person, is limited to those persons, acting on behalf of the city, who are involved in the hiring decision.

      2.   Except as provided in subsection B3 of this section, access to an employee's file of employment containing those items listed in subsection A of this section as confidential is limited to:

         a.   The employee;

         b.   The employee's representative when a signed authorization from the employee is presented or is in his employment file;

         c.   The city attorney and deputy city attorneys;

         d.   City human resources department employees;

         e.   Appointed officials, department heads, and council members within the employee's chain of command; and

         f.   Persons who are authorized pursuant to any applicable state or federal law, or an order of a court of competent jurisdiction.

      3.   Upon request, the city will provide the personal mailing address of any employee on file with the city to the internal revenue service.

      4.   The city, or its designated representative, shall authorize the release of any confidential records under the control of the city which are requested by a court of competent jurisdiction. (Ord. 573, 8-29-2001)

Pursuant to the authority granted to the city council in the city charter, there is hereby established the appointive office of city sexton. The appointive office of city sexton is in addition to the existing appointive office of city clerk, city attorney, chief of police, municipal judge, fire chief, city manager and city engineer. (Ord. 399, 4-10-1990)

   A.   Qualifications: The city sexton shall be chosen by the mayor and city council on the basis of experience and qualifications to act as a city sexton for the purpose of keeping records required by Nevada Revised Statutes. At the time of the appointment, the city sexton need not be a resident of the city, but may reside outside the city while in office with the approval of the city council. One or more persons may be appointed as sexton or cosextons.

   B.   Duties: The city sexton shall perform such administrative and record keeping duties as are required by Nevada Revised Statutes and any other duties required by the city council. (Ord. 399, 4-10-1990)

The city council shall appoint the city sexton for an indefinite term or definite term to serve at the pleasure of the city council. The city sexton may be removed from office by a majority vote of the members of the city council, with the mayor having a vote. In removing a city sexton, the city council shall comply with all applicable state and city laws and ordinances. (Ord. 399, 4-10-1990)

The salary of the city sexton shall be fixed by the city council by resolution. (Ord. 399, 4-10-1990)

Pursuant to the authority granted to the city council in the city charter, there is hereby established the appointive office of assistant city manager. The appointive office of the assistant city manager is in addition to the existing appointive offices of the city clerk, city attorney, chief of police, municipal judge, fire chief, city manager, city engineer, public works director and city sexton. (Ord. 500, 3-24-1998)

   A.   Qualifications: The assistant city manager shall be chosen by the mayor and city council on the basis of experience and qualifications to act as the assistant city manager. At the time of the appointment, the assistant city manager need not be a resident of the city and may reside outside the city while in office with the approval of the city council.

   B.   Duties: The assistant city manager shall perform such duties as the city council or city manager may designate from time to time, including, but not limited to, the following duties:

      1.   Perform complex supervisory, administrative and professional work in planning, organizing, directing and supervising the public works department, including environmental, street, traffic control, storm water facilities maintenance, parks, golf, recreation/latchkey, cemetery, swimming pool, landfill and fleet maintenance.

      2.   Perform supervisory and administrative work in connection with airport maintenance, including runways, taxiways and airport terminal and other public works projects and programs.

      3.   Act as city manager during the absence of the city manager.

      4.   Provide leadership and direction in the development of short and long range plans.

      5.   Gather, interpret and coordinate operations activities of the city with other departments and agencies as needed.

      6.   Assure that assigned areas of responsibility are performed within budget, including performing cost control functions; monitoring revenues and expenditures in assigned area to assure sound fiscal control; preparing annual budget requests and assuring effective and efficient use of budgeted funds, personnel, materials, facilities and time. (Ord. 500, 3-24-1998)

The city council shall appoint the assistant city manager for an indefinite term or definite term to serve at the pleasure of the city council. The assistant city manager may be removed from office at the discretion of the council with or without cause by a majority vote of the members of the city council, with the mayor having a vote. In removing the assistant city manager, the city council shall comply with all applicable state and city laws and ordinances. (Ord. 500, 3-24-1998)

The salary of the assistant city manager shall be fixed by the city council. (Ord. 500, 3-24-1998)

This chapter shall be known and may be cited as FINGERPRINT SUBMISSION CODE. (Ord. 692, 3-11-2008)

The city council shall set forth by its policies in its employee handbook and/or by separate resolution the positions of employment which require employment background investigations that include a fingerprint based background investigation. As to such positions, the fingerprint based background investigation is a mandatory portion of the background investigation. The council may further set forth in the appropriate portion of this code or by resolution any other nonemployment required fingerprint based background investigation requirements as may be permissible under applicable law. Without limitation, specific categories for federal fingerprint based investigations pursuant to Nevada Revised Statutes 239B.010(1)(a) include brothel licensing and armed security licensing. Wherever investigation requirements are found they are deemed to be mandatory unless specifically waived by the council or, if so authorized, the city manager. (Ord. 697, 6-24-2008)

In those instances of required fingerprint based investigations authorized by this chapter, a national criminal fingerprint based background check by the federal bureau of investigation (FBI) is authorized hereby. In addition, the subject of the fingerprint based check shall comply with any authorization or release required by the FBI in furtherance of any continued application for employment with the city or other ground for such investigation. (Ord. 692, 3-11-2008)

Nevada Revised Statutes 239B.010(1)(a) authorizes the city of Elko to request and receive from the federal bureau of investigation information on the background and personal history of any person with whom it intends to enter a relationship of employment, a contract for personal services or as may be required by local government law or regulation. (Ord. 697, 6-24-2008)

An applicant, employee, volunteer or other person seeking to engage in an activity or status requiring a fingerprint based background investigation by any city code or resolution of the city council shall submit, if required, two (2) sets of his/her fingerprints taken by the Elko police department or the Elko County sheriff's department to be delivered to the requesting officer of the city or the Elko police department. (Ord. 692, 3-11-2008; amd. Ord. 697, 6-24-2008)

Upon receipt of the fingerprints and the appropriate fees, the police department will transmit both sets of fingerprints and appropriate fees to the department of public safety of the state of Nevada. The department of public safety of the state of Nevada will compare the subject's fingerprints against its criminal file for disqualifying conduct and, if necessary, submit the fingerprints to the federal bureau of investigation for a comparison with nationwide records. The results of the federal bureau of investigation check will be returned to the department of public safety of the state of Nevada, which will disseminate the state and national results to the police department which shall then disseminate it to the city. (Ord. 692, 3-11-2008; amd. Ord. 697, 6-24-2008)

If an employer or organization is a private entity and this code or the city council permits or requires the police department determinations, the police department will render a fitness determination based upon the results of the criminal background check and communicate its fitness determination to such private employer or organization. If an employer or organization is a public entity, the police department will: a) render a fitness determination based upon the results of the criminal background check and communicate its fitness determination to such public entity or b) disseminate the results of the criminal background check to the proper city department or entity for a fitness determination. (Ord. 692, 3-11-2008; amd. Ord. 697, 6-24-2008)

In rendering a fitness determination, the police department or appropriate city department will decide whether the record subject has been convicted of: a) a crime which bears upon his/her ability or fitness to serve in that capacity; b) any felony or misdemeanor which involved force or the threat of force, controlled substances, or was a sex related offense; or c) enumerated disqualifiers. (Ord. 692, 3-11-2008; amd. Ord. 697, 6-24-2008)

A record investigation subject may request and receive a copy of his/her criminal history record information from the police department or appropriate city department. Should the record subject seek to amend or correct his/her record, he/she must contact the department of public safety for a Nevada state record or the federal bureau of investigation for records from other jurisdictions maintained in its file. (Ord. 692, 3-11-2008; amd. Ord. 697, 6-24-2008)

The following words and phrases used in this chapter shall have the following meanings:

   IMPROPER GOVERNMENTAL ACTION: Any action taken by a city of Elko officer or employee in the performance of his official duties, whether or not the action is within the scope of his employment, which is:

   A.   In violation of any city, state law or regulation;

   B.   If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government;

   C.   An abuse of authority;

   D.   Of substantial and specific danger to the public health or safety; or

   E.   A gross waste of public money.

   LOCAL GOVERNMENT: City of Elko.

   LOCAL GOVERNMENTAL EMPLOYEE: Any person who performs public duties under the direction and control of the local governmental officer for compensation paid by or through the local government.

   LOCAL GOVERNMENTAL OFFICER: A person elected or appointed to a position with the local government that involves the exercise of a local governmental power, trust or duty, including:

   A.   Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of local governmental policy;

   B.   The expenditure of money of a local government; and

   C.   The enforcement of laws and regulations of the state or a local government.

   REPRISAL OR RETALIATORY ACTION: Includes, but is not limited to:

   A.   The denial of adequate personnel to perform duties;

   B.   Frequent replacement of members of the staff;

   C.   Frequent and undesirable change in the location of an office;

   D.   The refusal to assign meaningful work;

   E.   The wrongful issuance of letters of reprimand or evaluations of poor performance;

   F.   A wrongful demotion;

   G.   A wrongful reduction in pay;

   H.   The wrongful denial of a promotion;

   I.   A wrongful suspension;

   J.   A wrongful dismissal;

   K.   A wrongful transfer; or

   L.   Frequent changes in working hours or workdays. (Ord. 706, 5-26-2009)

   A.   The city council will periodically appoint a hearing officer or a panel of hearing officers from recommendations made by the city manager.

   B.   If the hearing officer determines that the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing the proper person to desist and refrain from engaging in such action. (Ord. 706, 5-26-2009)

   A.   A local government officer or employee who claims a reprisal or retaliatory action was taken against him for disclosing information concerning improper governmental action may file a written appeal pursuant to Nevada Revised Statutes chapter 281 with the city clerk. The appeal must be:

      1.   Filed within sixty (60) calendar days after the date the alleged reprisal or retaliatory action took place;

      2.   Filed within two (2) years of the disclosure of improper governmental action; and

      3.   Submitted on a form provided by the city clerk.

   B.   The hearing officer may reject a form that is incomplete or otherwise deficient as insufficient to commence the appeal. (Ord. 706, 5-26-2009)

   A.   The provisions of this section govern the procedure for conducting a hearing for a written appeal filed pursuant to Nevada Revised Statutes chapter 281 and this chapter.

   B.   A party may appear in person and may be represented by an attorney or another person of his choice, if the party chooses not to represent himself.

   C.   All testimony must be under oath administered by the hearing officer.

   D.   The appeal must be heard in the following manner:

      1.   The opening statement for the officer or employee.

      2.   The opening statement for the employer, unless reserved.

      3.   Presentation of the officer's or employee's case, followed by cross examination. The city officer or employee must establish that:

         a.   He was an officer or employee on the date of the alleged reprisal or retaliatory action;

         b.   He disclosed information concerning improper governmental action; and

         c.   The alleged reprisal or retaliatory action was taken against him within two (2) years after the date he disclosed the information concerning improper governmental action.

         d.   If the officer or employee establishes the facts set forth in subsections D3a, D3b and D3c of this section, presentation of the employer's case, followed by cross examination, to establish that the employer did not engage in the alleged reprisal or retaliatory action or that the action was taken for a legitimate business purpose and was not the result of the disclosure of information concerning improper governmental action by the officer or employee.

         e.   If the employer establishes a legitimate business purpose for the alleged reprisal or retaliatory action, the officer or employee may introduce evidence, followed by cross examination, to demonstrate that the stated business purpose is a pretext for the reprisal or retaliatory action.

      4.   The parties may respectively offer rebutting testimony only, unless the hearing officer permits additional evidence upon the original cause.

      5.   The closing argument for the city officer or employee.

      6.   The closing argument for the employer.

      7.   Submission of the appeal for a decision.

   E.   The hearing officer shall convene the hearing at the time and place specified for the purpose of hearing the appeal.

   F.   Written notice of the time and place of the hearing must be given to the parties at least ten (10) days in advance. The notice must contain the information required for a party to request reasonable accommodation.

   G.   The hearing officer shall provide reasonable accommodation to a party with a disability who requests such accommodation within the time sufficient to make the accommodation.

   H.   Hearings may be continued beyond the period originally scheduled or recessed until a future date which is agreeable to the hearing officer and the parties if good cause is shown.

   I.   Except as otherwise provided in subsection J of this section, all hearings on appeals must be open to the public.

   J.   On the motion of either party, the hearing officer shall exclude from the hearing room witnesses in the matter not at the time under examination except the parties to the proceeding. No hearing may be closed to the public except on motion of either party for good cause shown.

   K.   A document or piece of physical evidence sought to be introduced during the hearing must first be identified for the record and the hearing officer may request the production of such records and the appearance of such persons as he requires.

   L.   The hearing officer shall determine the evidence upon the charges and specifications as set forth by the appeal document only, and shall not consider any additional evidence beyond the scope of the charges.

   M.   An employer's or employee's past performance by way of an act or a failure to act may be shown by competent evidence.

   N.   All testimony and exhibits offered at the hearing must be relevant and bear upon the matter in contention. Any testimony or exhibits which are considered by the hearing officer as not meeting this criterion may properly be excluded. Formal rules of evidence shall not apply and the hearing officer has full discretion to admit or preclude evidence.

   O.   The hearing officer shall also consider the objection of either side to the introduction of evidence. Competence and relevance must be the primary test in ruling on objections.

   P.   Decision must be based on evidence presented. The hearing officer shall be guided in his decision by the weight of the evidence as it appears to him at the hearing.

   Q.   Any letter, paper or object offered in evidence must be properly authenticated. The representative for the opposing party is entitled to examine the exhibit when it is offered. (Ord. 706, 5-26-2009)

   A.   An officer or employee shall not directly or indirectly use or attempt to use the officers or employees official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another city officer or employee or another local governmental officer or employee, as applicable, in an effort to interfere with or prevent the disclosure of information concerning improper governmental action.

   B.   For the purposes of this section, use of "official authority or influence" including taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.

   C.   A city officer or employee shall not use these provisions to harass another city officer or employee.

   D.   These provisions do not prohibit an officer or employee from initiating proper disciplinary procedures against another city officer or employee or another local governmental officer or employee, as applicable, who disclosed untruthful information concerning improper governmental action.

   E.   These provisions are intended to be directory and preventive rather than punitive, and do not abrogate or decrease the effect of any of the provisions of state statutes or city code which define or prescribe punishments with respect to the conduct of officers or employees. (Ord. 706, 5-26-2009)

The municipal court of the city of Elko, pursuant to Nevada Revised Statutes 5.010, is hereby designated as a court of record and shall comply with the laws of the state of Nevada pertaining to such designation. (Ord. 719, 7-27-2010)

The practice and proceedings in the municipal court, including appellate practice and proceedings, must conform, as nearly as practicable, to the practice and proceedings of justice courts in similar cases, except as expressly provided for by law. The municipal court must be treated and considered as a justice court whenever the proceedings thereof are called into question. (Ord. 719, 7-27-2010)

   A.   Title: This Chapter shall be known as the ENFORCEMENT CODE OF THE CITY OF ELKO, may be cited as such, and will be referred to herein as the "Enforcement Code."

   B.   Purpose: The purpose of this Chapter is to establish the scope of authority and requirements applicable to the enforcement of the Elko Municipal Code by designated Enforcement Officials in accordance with NRS 171.17751 and NRS 268.019. (Ord. 903, 7-22-2025)

As used in this Chapter, the following words and phrases shall be construed to have the following meanings:

ABATE: To correct, mitigate, remedy or remove a violation of the Code.

BUSINESS DAY: Any day in which normal business operations of the City are conducted.

CALENDAR DAY: Each day of the calendar. If a deadline falls on a day when City offices are not open for business, then the deadline runs until the next day the offices are open.

CITATION: A written directive, issued by an Enforcement Official pursuant to NRS Chapter 171 and this Chapter, requiring that a person appear in court and answer a misdemeanor charge or, in the alternative, to pay a civil liability to the City.

CITY: The City of Elko, Nevada.

CODE: The Elko Municipal Code, not including those titles and chapters exempted by Section 1-16-4(B), unless otherwise specifically stated in this Chapter.

CODE ENFORCEMENT OFFICER: A City official specifically charged with the enforcement of the Code pursuant to NRS 171.17751 and this Chapter. For purposes of NRS 171.17751(5)(a), the Code Enforcement Officer's field of work shall include, without limitation, the enforcement of each provision of the Code the violation of which constitutes a misdemeanor, unless otherwise excluded pursuant to this Chapter. The Code Enforcement Officer may be designated to enforce any provision of the Code by resolution of the City Council, to include provisions excluded pursuant to this Chapter.

ENFORCEMENT OFFICIAL: The Code Enforcement Officer and, if so designated by subsequent ordinance or resolution of the City Council, the following persons, each of whom has the authority to prepare, sign and serve Citations and take other enforcement actions pursuant to NRS 171.17751 and this Chapter:

   A.   The Fire Chief or any Fire Department employees designated by the Fire Chief;

   B.   The Building Official;

   C.   Any solid waste management inspector;

   D.   Any housing inspector;

   E.   Any licensing inspector;

   F.   Any zoning enforcement officer;

   G.   Any parking enforcement officer; and

   H.   Any animal control officer.

NRS: The Nevada Revised Statutes, as may be amended.

RESPONDENT: A person or persons to whom a Verbal or Written Warning, Citation, Stop Work Order, Notice of Violation, or Abatement Order has been issued pursuant to this Chapter.

SERVICE: Notice tendered in accordance with the provisions of this Chapter. Unless otherwise stated in this Chapter, service shall be made in accordance with Section 1-16-16.

STRUCTURE: Something built or constructed that may be placed upon or affixed to real property for a purpose, such as storage or protection from the elements. The term "structure" includes, without limitation, a building, a non-permanentized mobile home or an unattached shed placed on skids.

VIOLATION: A failure to comply with a mandate or requirement contained in the Code. (Ord. 903, 7-22-2025)

   A.   Enforcement Officials; Authority: An Enforcement Official is hereby authorized to enforce the herein-specified parts of the Code within the Enforcement Official's assigned areas of responsibility. Enforcement Officials may only enforce Code provisions within the field of enforcement in which they work, as set forth herein or as determined by ordinance or resolution of the City Council. Within the Enforcement Official's scope of authority, and subject to any specific provisions in the Code, an Enforcement Official shall have the power to issue and serve citations in accordance with NRS 171.17751, and to issue and serve notices and carry out the provisions of this Chapter.

   B.   Violations, Generally: Except as otherwise provided in this Section 1-16-3, any person who violates or assists in a violation of the Code; or in the violation of a permit or license issued pursuant to the Code; or in the violation of an order issued by an Enforcement Official, the City Manager, or the City Council pursuant to the provisions of the Code made enforceable under this Chapter; or any person who knowingly makes or submits a false statement, document, or material omission in connection with an application or procedure required by the Code and made enforceable under this Chapter, shall be in violation of this Chapter.

   C.   Right Of Entry: Without limitation, the Enforcement Official may enter buildings, structures or other property with the building official in the manner set forth in Elko City Code Section 2-1-8(C)(Right of Entry) for the purpose of investigating violations of this Chapter.

   D.   Entry; Administrative Search Warrants: In the event the Enforcement Official has a reasonable suspicion that physical conditions exist which do not comply with minimum standards prescribed in the Code on property not accessible to the public, the Enforcement Official may seek permission to enter upon and inspect the property from the property owner or a person with the right to occupy the property. If entry to the property is refused, or if there is a compelling reason to obtain immediate entry to the property before permission can reasonably be given, the Enforcement Official may apply to a magistrate for an administrative search warrant for the purpose of investigating the suspected violation; provided, the administrative search warrant shall be based on a declaration or affidavit signed by the Enforcement Official under oath identifying specific evidence of a violation and stating that upon the reasonable belief of the Enforcement Official a violation of this Chapter has been or is being committed. An administrative search warrant shall only be issued by a magistrate upon a showing of administrative probable cause.

   E.   No Restriction On Authority: Nothing in this Chapter shall be construed as limiting the authority of a peace officer or the Elko Police Department, nor the authority of other City officials and employees established under other chapters of the Elko Municipal Code, except as otherwise provided in a subsequent ordinance or resolution of the City Council. (Ord. 903, 7-22-2025)

   A.   Conflicting Provisions: In cases where two (2) or more provisions of this Chapter conflict, the most stringent or restrictive shall prevail.

   B.   Excluded Titles: Notwithstanding any other provision contained herein, unless otherwise designated by subsequent ordinance or resolution of the City Council, the provisions of this Chapter shall not apply to the following Elko City Code titles, which titles and chapters are hereby excluded from the definition of the term "Code" as used in this Chapter:

      1.   Title 2 (Building Regulations);

      2.   Title 4 (Business Regulations);

      3.   Title 5 (Police Regulations) (except Chapter 1 and 3, which shall be subject to this Chapter);

      4.   Title 6 (Fire Regulations);

      5.   Title 7 (Traffic) (except Chapter 3, which shall be subject to this Chapter); and

      6.   Title 9 (Health and Sanitation).

   C.   Notwithstanding any other provision contained in this chapter, the City Council may, by resolution, delegate to the Enforcement Official the authority to enforce any other title or subpart thereof contained in the Code. The Enforcement Official shall, in enforcing another title, follow the regulations contained in that title and coordinate with all other City officials authorized to enforce that title. (Ord. 903, 7-22-2025; amd. Ord. 905, 9-23-2025)

   A.   Enforcement Measures, Generally: Without limitation, any one or combination of the following measures may be used to enforce the provisions of this Chapter:

      1.   Verbal or Written Warnings;

      2.   Stop Work Orders;

      3.   Notices of Violation;

      4.   Abatement Orders;

      5.   Criminal Penalties, Civil Liability and Injunctive Relief; and

      6.   Liens.

      The enforcement measures set forth in this Chapter may be used singly or in combination, except as otherwise provided herein.

   B.   Verbal And Written Warnings:

      1.   Basis Of Issuance, Time For Compliance And Effect: Whenever the Enforcement Official observes a violation of the Code or receives a complaint stating that a violation of the Code exists, if the violation does not present an immediate or imminent threat to public health, safety, or welfare, the Enforcement Official may issue to the Respondent a Verbal or Written Warning identifying the violation and requesting abatement of the violation within a specified period of time not to exceed thirty (30) calendar days from the date the Verbal or Written Warning was issued. A Verbal or Written Warning is not enforceable and has no punitive effect, but may lead to a Citation, Stop Work Order, Notice of Violation or Abatement Order.

      2.   Extensions: Upon the request of the Respondent and upon a showing of good cause, the Enforcement Official may grant the Respondent additional time to satisfy the request(s) for abatement stated in a Verbal or Written Warning, so long as the Respondent has made reasonable progress toward abating the violation or if the Respondent demonstrates that conditions beyond the Respondent's reasonable control prevent the abatement of the violation(s); provided, no extension shall be granted by the Enforcement Official unless the Respondent provides the Enforcement Official with a written plan of action with dates by which the alleged violation(s) will be abated.

      3.   Contents Of Verbal Warning: A Verbal Warning issued by an Enforcement Official pursuant to this Chapter need only identify the alleged violation(s) and otherwise satisfy the requirements of Subsection 1-166-5(B)(1).

      4.   Contents Of Written Warning: A Written Warning shall contain the following information and statements:

         a.   The name of the Respondent;

         b.   The location of the activity resulting in the alleged violation;

         c.   A description of the nature of the alleged violation(s);

         d.   A citation to the applicable Code section(s);

         e.   A description of the correction, mitigation and/or remedial action(s) needed to abate the alleged violation(s);

         f.   A calendar date by which the alleged violation(s) must be abated;

         g.   A statement that a written request for an extension of time to abate the violation may be submitted to the Enforcement Official subject to the requirements of this Section;

         h.   A statement that a Stop Work Order, Notice of Violation and/or Abatement Order will be issued if the violation is not abated as provided in the Written Warning;

         i.   A statement that the failure of the Respondent to abate the violation may ultimately result in criminal penalties, civil liability and/or injunctive relief; and

         j   The Enforcement Official's contact information.

   C.   Stop Work Orders:

      1.   Grounds For Issuance: An Enforcement Official may issue a Stop Work Order to:

         a.   Any person who is observed by the Enforcement Official committing an ongoing violation of this Chapter that creates an unsafe condition;

         b.   Any person who is observed by the Enforcement Official committing an act that reasonably appears to be causing irreparable harm or damage, or creating an imminent risk of irreparable harm or damage, to persons or property; or

         c.   Any person who is observed by the Enforcement Official conducting an activity on or engaged in a use of land without a permit or approval required by the Code.

      2.   Effect Of Issuance: All acts, activities and/or uses of land described in the Stop Work Order must cease immediately upon issuance and service upon the Respondent.

      3.   Contents Of Stop Work Order: The Stop Work Order shall contain the following information and statements:

         a.   The name of the Respondent;

         b.   The location where the violation is occurring;

         c.   A description of the violation;

         d.   A citation to the applicable Code section(s);

         e.   The action(s) needed to abate the violation;

         f.   A calendar date by which the violation must be abated;

         g.   A statement that a Notice of Violation and/or Abatement Order will be issued if the violation is not abated as provided in the Stop Work Order;

         h.   A statement that the failure of the Respondent to abate the violation may result in criminal penalties, civil liability and/or injunctive relief; and

         i.   The Enforcement Official's contact information; and

         j.   A description of the Respondent's right to an administrative hearing and appeal rights or, alternatively, a citation to the provisions of this Chapter setting forth the Respondent's right to an administrative hearing and appeal rights.

      4.   Service: The Stop Work Order shall be served by certified mail, return receipt requested, addressed to the Respondent and, if different, to the owner of the property upon which the violation has been observed at the address shown in the records of the Elko County Assessor. In addition to service in accordance with the preceding sentence, a Stop Work Order may be personally served on the Respondent if it is reasonably practicable to do so.

      5.   Effective Upon Service: The Stop Work Order shall be effective upon personal service or upon receipt by certified mail, return receipt requested, whichever is earlier. Each person who serves a Stop Work Order, regardless of the method of service, shall prepare an affidavit or declaration specifying the date, time, and manner of service.

      6.   Liability, Fines And Penalties: A Respondent who fails to comply with a Stop Work Order shall be subject to criminal penalties, civil liability and/or injunctive relief as set forth in Section 1-16-9 of this Chapter.

      7.   Request For Administrative Hearing: A Respondent who has been served with a Stop Work Order may request an administrative hearing before the City Manager in accordance with Section 1-16-12 of this Chapter.

      8.   Stop Work Order To Remain In Effect: A Stop Work Order shall remain in effect pending an administrative hearing and any subsequent appeal or judicial review, unless rescinded pursuant to Section 1-16-5(D) or unless otherwise ordered by the City Manager during the administrative hearing process, the City Council during the appeal process, or a court of competent jurisdiction during judicial review.

      9.   Rescission Of Stop Work Order: A Stop Work Order may be rescinded for good cause at any time by either the issuing Enforcement Official or the City Manager.

   D.   Notices Of Violation:

      1.   Issuance Of Notice Of Violation By The Enforcement Official: Whenever the Enforcement Official observes a violation, the Enforcement Official may issue a Notice of Violation to the Respondent; the Notice of Violation may impose a criminal penalty or civil liability in accordance with Section 1-16-9.

      2.   Contents Of The Notice Of Violation: The Notice of Violation shall contain the following information and statements:

         a.   The name of the Respondent;

         b.   The location where the violation occurred;

         c.   A description of the nature of the violation;

         d.   A citation to the applicable Code section(s);

         e.   If applicable, the corrective, mitigating and/or remedial action(s) needed to abate the violation;

         f.   The date(s) when the Enforcement Official observed the violation;

         g.   A statement of the criminal penalty or civil liability being imposed upon the Respondent and the reasons therefor;

         h.   A statement that the failure of the Respondent to pay the criminal penalty or civil liability within thirty (30) calendar days may result in referral to the City Attorney for legal action;

         i.   The Enforcement Official's signature and contact information; and

         j.   A description of the Respondent's right to an administrative hearing and appeal rights or, alternatively, a citation to the provisions of this Chapter setting forth the Respondent's right to an administrative hearing and appeal rights.

      3.   Service: The Notice of Violation shall be served by certified mail, return receipt requested, addressed to the Respondent. In addition to service in accordance with the preceding sentence, a Notice of Violation may be personally served on the Respondent if it is reasonably practicable to do so.

      4.   Effective Upon Service: The Notice of Violation shall be effective upon personal service or upon receipt by certified mail, return receipt requested, whichever is earlier. Each person who serves a Notice of Violation, regardless of the method of service, shall prepare a sworn affidavit specifying the date, time, and method of service.

      5.   Criminal Penalties And Civil Liability: Neither criminal penalties nor civil liability shall be imposed for a first Notice of Violation or a Notice of Violation issued to a Respondent more than twelve (12) months after the prior Notice of Violation; provided, a Respondent may be subject to an administrative fine or penalty pursuant to Section 1-16-9 for a first Notice of Violation or a Notice of Violation issued more than twelve (12) months after the prior Notice of Violation. A second or subsequent Notice of Violation issued to a Respondent within twelve (12) months of a prior Notice of Violation shall be subject to all penalties and/or liabilities set forth in Section 1-16-9.

      6.   Request For Administrative Hearing: A Respondent who has been served with a Notice of Violation may request an administrative hearing before the City Manager in accordance with Section 1-16-12.

      7.   Stay Of Enforcement: Enforcement of a Notice of Violation shall be stayed during the pendency of an administrative hearing, subsequent appeal or judicial review.

      8.   Warnings And Abatement Orders: A Verbal or Written Warning may precede, but is not requisite to, a Notice of Violation. A Notice of Violation may include an Abatement Order.

   E.   Abatement Orders:

      1.   Issuance Of Abatement Order By Enforcement Official: If a violation presents an immediate or imminent risk of harm to human health or safety, or to property, including an immediate or imminent risk of harm to the environment, the Enforcement Official may issue an Abatement Order directing the Respondent to abate the condition causing the violation. An Abatement Order may be included in or issued in conjunction with a Notice of Violation.

      2.   Contents Of Abatement Order: The Abatement Order shall contain the following information and statements:

         a.   The name the Respondent and any other person who is believed to be responsible for causing or permitting the violation;

         b.   The location of the violation;

         c.   A description of the nature of the violation;

         d.   A citation to the applicable Code section(s);

         e.   A statement that the violation requires abatement within a specified period of time due to an immediate or imminent risk of harm to human health and safety, or to property, including a risk of immediate or imminent harm to the environment, if applicable;

         f.   A description of the corrective actions needed to abate the condition causing the violation;

         g.   A date no more than fifteen (15) calendar days from the date on which the Abatement Order is served by which the Respondent must abate the condition causing the violation;

         h.   The following statement:

            Failure to comply with this Abatement Order may result in civil liability, criminal penalties, injunctive relief, and/or abatement of the violation by the City. In the event the City abates the condition causing the violation specified in the Abatement Order, you may be required to pay additional costs and, if applicable, a lien may be placed upon the property.

            You have the right to request an administrative hearing regarding the Abatement Order with the City Manager no later than the following date: ________________. Procedures for seeking an administrative hearing regarding the Abatement Order are contained in Section 1-16-12 of the Elko City Code.

         i.   The name, telephone number, and email address of the Enforcement Official issuing the Abatement Order.

      3.   Service: The Abatement Order shall be served by certified mail, return receipt requested, addressed to the Respondent and, if different, to the owner of the property upon which the violation has been observed at the address shown in the records of the Elko County Assessor. In addition to service in accordance with the preceding sentence, an Abatement Order may be personally served on the Respondent.

      4.   Effective Upon Service: The Abatement Order shall be effective upon personal service or upon receipt by certified mail, return receipt requested, whichever is earlier. Each person who serves an Abatement Order, regardless of the method of service, shall prepare a sworn affidavit or declaration specifying the date, time, and method of service.

      5.   Penalties For Noncompliance: A Respondent who fails to abate the condition causing the violation by the deadline stated in the Abatement Order shall be subject to liabilities and penalties as set forth in Sections 1-16-9.

      6.   Request For Administrative Hearing: A Respondent who has been served with an Abatement Order may request an administrative hearing before the City Manager in accordance with Section 1-16-12.

      7.   Stay Of Enforcement: Enforcement of an Abatement Order shall be stayed during the pendency of an administrative hearing, subsequent appeal or judicial review.

      8.   Rescission Of Abatement Order: An Abatement Order may be rescinded for good cause at any time by either the issuing Enforcement Official or the City Manager.

      9.   Recordation Of Abatement Order And/Or Notice Of Violation:

         a.   Recordation; Notice Of Intent To Record: In the event a violation remains unabated on real property after the deadline stated in the Abatement Order, the Enforcement Official may record the Abatement Order in the official record of the Elko County Recorder; provided, before recording the Abatement Order, the Enforcement Official shall serve the Respondent with a Notice of Intent to Record stating that an Abatement Order will be recorded if the violation is not abated within ten (10) business days from the date the Notice of Intent to Record is served. In the event an Abatement Order is included in a Notice of Violation, both the Notice of Violation and the included Abatement Order shall be recorded.

         b.   The Notice of Intent to Record shall include the following statements, each of which are hereby requirements and/or conditions of this Section:

            (1)   That the Respondent may, within ten (10) business days after the date the notice is served, request an administrative hearing pursuant to Section 1-16-12; and

            (2)   That the Respondent will be liable for the fees and costs of expungement or removal of the Abatement Order and, if applicable, the Notice of Violation from the public record.

            c.   The failure of any Respondent named in an Abatement Order to file a request for an administrative hearing before the City Manager in accordance with the requirements of Section 1-16-12 shall constitute a waiver of the right to such a hearing and shall not affect the validity of the Abatement Order.

      10.   Abatement By City: Should the Respondent fail to abate the violation specified in the Abatement Order by the deadline stated therein, the work required to abate the violation may be performed by the City or a designated governmental agency or contractor and the expense thereof shall be charged to the Respondent. In the event entry upon property to perform work in accordance with this Section is refused or cannot be obtained after reasonable efforts by the City, the Enforcement Official is hereby authorized to seek appropriate injunctive and other relief from a court of competent jurisdiction to the extent needed to enter upon the property to abate the violation.

   F.   Notices Of Compliance:

      1.   Request For Notice Of Compliance: In the event a violation described in a Stop Work Order, Notice of Violation, or Abatement Order has been corrected, the Respondent may submit a Request for Notice of Compliance to the Enforcement Official on a form provided by the City.

      2.   Investigation By Enforcement Official: Upon receipt of a Request for Notice of Compliance, the Enforcement Official shall investigate and determine whether the violation has been abated. The foregoing investigation may include re-inspection of the property upon which the violation occurred.

      3.   Issuance Of Notice Of Compliance: The Enforcement Official shall issue a Notice of Compliance to the Respondent if the Enforcement Official determines that:

         a.   All violations set forth in the Stop Work Order, Notice of Violation or Abatement Order have been corrected;

         b.   If required to correct the violation, all necessary final permits and licenses were issued;

         c.   All penalties, liabilities and other amounts required to be paid under this Chapter have been paid; and

         d.   The Respondent has fully complied with and satisfied all conditions and requirements imposed by the City Manager, City Council or court, as appropriate, in relation to the violation.

      4.   Recordation Of Notice Of Compliance: In the event an Abatement Order or Notice of Violation has been recorded, the Enforcement Official shall record or cause to be recorded the Notice of Compliance in the official records of Elko County. Recordation of the Notice of Compliance shall automatically terminate the recorded Abatement Order and/or Notice of Violation.

      5.   Denial Of Request For Notice Of Compliance: If the Enforcement Official denies a Request for Notice of Compliance, the Enforcement Official shall serve upon the Respondent a written explanation setting forth the reasons for the denial. The written explanation shall be served by certified mail, return receipt requested.

      6.   Request For Administrative Hearing: A Respondent who has been denied a Request for Notice of Compliance may request an administrative hearing before the City Manager in accordance with Section 1-16-12. (Ord. 903, 7-22-2025)

The authority of the City to enforce the provisions of this Chapter is independent of and in addition to the authority of City officials to enforce all other provisions of the Elko City Code. (Ord. 903, 7-22-2025)

   A.   Issuance By Enforcement Official: The Enforcement Official may, in accordance with NRS 171.17751, prepare, sign and serve a Citation on a Respondent who violates the Code.

   B.   Form And Content: A Citation issued pursuant to this section shall be in the form of a complaint issued in the name of "The City of Elko," shall state whether the City seeks to impose a criminal penalty or civil liability for the violation, and shall contain the following:

      1.   A notice to appear in court;

      2.   The name and address of the Respondent;

      3.   The state registration number of the Respondent's vehicle, if any;

      4.   The offense charged, including a brief description of the offense and the corresponding Code citation;

      5.   The time when and place where the person is required to appear in court;

      6.   The amount of the civil penalty, if any;

      7.   The factors considered in determining the civil penalty, if applicable; and

      8.   Such other pertinent information as may be necessary.

      The Enforcement Official must sign the Citation. A Citation may be prepared and signed manually or electronically.

   C.   Time To Appear: The time specified in the notice to appear in the Citation must be at least five (5) business days after the violation unless the person charged with the violation demands an earlier hearing.

   D.   Place Of Appearance: The place specified in the notice to appear in the Citation must be before a magistrate as designated pursuant to NRS 171.178 and 171.184.

   E.   Written Promise To Appear: The person charged with the violation may give a written promise to appear in court by signing at least one copy of the Citation prepared by the Enforcement Official, in which event the Enforcement Official shall deliver a copy of the Citation to the person.

   F.   A person who violates a written promise to appear given to the Enforcement Official shall be subject to the penalties set forth in NRS 171.17785, which provides in part that a warrant may issue upon a violation of a written promise to appear. (Ord. 903, 7-22-2025)

In the event the City or its contractor performs work upon property to correct a violation, the City shall have a lien pursuant to NRS 108.222 on the property upon which the work is performed. The lien shall be calculated, perfected and enforced in accordance with NRS 108.221, et seq. (Mechanics' and Materialmen's Liens). (Ord. 903, 7-22-2025)

   A.   Criminal Penalties: Except as otherwise provided in this Chapter, any person who violates the Code shall be subject to the General Penalty provision set forth in City Code Section 1-3-1. Each day that a violation is willfully permitted to exist shall constitute a separate offense. The imposition of any sentence or penalty shall not exempt the offender from compliance with the requirements of this Chapter.

   B.   Civil Liability And Other Relief:

      1.   Civil Penalty In Lieu of Criminal Sanction: In the City's discretion, a Respondent may be subject to civil liability to the City in an amount not to exceed five hundred dollars ($500.00) instead of a criminal sanction for each violation of the Code, subject to the following schedule for each violation constituting the same offense:

         a.   For the first violation more than thirty (30) calendar days after the previous violation: not to exceed two hundred and fifty dollars ($250.00);

         b.   For the second violation fifteen (15) or fewer calendar days after the previous violation, not to exceed three hundred fifty dollars ($350.00); and

         c.   For the third or greater violation fifteen (15) or fewer calendar days after the second violation, not to exceed five hundred dollars ($500.00).

      Each day that a violation is willfully permitted to exist shall constitute a separate violation subject to an additional civil penalty. The payment of a civil penalty shall not exempt the offender from compliance with the requirements of this Chapter.

      2.   Determination Of Civil Penalties; Accrual And Amount:

         a.   In determining the date when civil penalties start to accrue, the Enforcement Official shall consider the date when the City first discovered the violation as evidenced by the issuance of a Citation or any other written notice or correspondence to the Respondent.

         b.   In determining the amount of civil penalties to be assessed on a daily rate, the Enforcement Official shall consider the following factors:

            (1)   The duration of the violation.

            (2)   The frequency of recurrence of the violation.

            (3)   The seriousness of the violation.

            (4)   The history of the violation.

            (5)   The Respondent's conduct after issuance of a Verbal or Written Warning, Citation, Stop Work Order, Notice of Violation, or Abatement Order for the violation.

            (6)   The good faith effort by the Respondent to comply.

            (7)   The economic impact of the penalty on the Respondent.

            (8)   The impact of the violation upon the community.

            (9)   Any other factors that justice may require.

   C.   The City Manager shall have the authority, but not the obligation, to establish a penalty schedule for the Enforcement Official to use as a guideline in determining the amount of civil penalties in appropriate cases and to establish procedures for the use of this penalty schedule.

   D.   The provisions of this Section 1-16-9 shall be subject to Section 1-16-5(D)(5)(Criminal Penalties and Civil Liability).

      1.   Civil Action For Failure To Abate Violation: Except as otherwise provided in this Chapter, if a Respondent violates a Stop Work Order, or fails to abate a violation by the date specified in a Notice of Violation or Abatement Order, then the Enforcement Official shall submit the matter to the City Attorney for possible legal action, in which event:

         a.   The City Attorney may file an action in a court of competent jurisdiction to:

            (1)   Obtain the abatement of the violation;

            (2)   Obtain the closure of the property where the violation is located or occurring;

            (3)   Obtain the repair, safeguarding or demolition of any building or structure where the violation is located or occurring; and/or

            (4)   Obtain an order imposing civil liability and any other appropriate legal or equitable relief against the Respondent and/or the owner of the property where the violation is located or occurring.

         b.   A court of competent jurisdiction may enter any appropriate orders necessary and appropriate for the enforcement of this Chapter.

   E.   Civil Liabilities And Criminal Penalties Due Within Thirty (30) Days: All civil liabilities and criminal penalties imposed under this Chapter are due and payable to the City within thirty (30) calendar days except as otherwise specifically provided herein. (Ord. 903, 7-22-2025)

In the case of a juvenile violating any provision of the Code, the juvenile court shall have jurisdiction over the juvenile for the purpose of imposing sanctions in accordance with applicable provisions of Nevada Revised Statutes. In addition to any punishment specified in this Section, the court may order any violator of the Code to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court in accordance with Nevada law. Any restitution due as the result of an act of a juvenile shall fall within the discretion of the juvenile court. In no event shall the Enforcement Official issue a Citation, Stop Work Order, Notice of Violation, or Abatement Order to a juvenile. (Ord. 903, 7-22-2025)

   A.   Issuance By City Council: The City Council may issue an Emergency Abatement Order consistent with the substantive requirements of Subsection 1-16-5(E) (Abatement Orders) upon a determination that a violation of the Code exists and that the public health or safety is in immediate or imminent danger as a result. The Emergency Abatement Order may be issued at a regular or special meeting of the City Council.

   B.   Special Meetings: A special meeting of the City Council may be held for the purpose of considering an Emergency Abatement Order upon the request of the City Manager or Enforcement Official.

   C.   Judicial Review: Any person who is aggrieved by the decision of the City Council to issue an Emergency Abatement Order may appeal the decision to the appropriate Court by filing a petition for judicial review within twenty-five (25) calendar days from the date of the meeting at which the Emergency Abatement Order is issued. The Emergency Abatement Order shall remain in effect during judicial review unless and until otherwise ordered by the court.

   D.   Notice Of Decision: The City Clerk shall, within two (2) business days following the issuance of an Emergency Abatement Order by the City Council, send the decision to the Respondent and the owner of the property upon which the violation exists by certified mail, return receipt requested. (Ord. 903, 7-22-2025)

   A.   Request For Administrative Hearing: Any Respondent who has been served with a Stop Work Order, Notice of Violation or Abatement Order (to include an Emergency Abatement Order), or whose Request for Notice of Compliance has been denied, may request an administrative hearing before the City Manager by submitting the request in writing to the Development Department within ten (10) calendar days from the date the Stop Work Order, Notice of Violation, Abatement Order, or denial of Request for Notice of Compliance was served, in which event the administrative hearing will be conducted within thirty (30) calendar days of receipt of the written appeal request by the Development Department.

   B.   Public Hearing: The administrative hearing shall be open to the public and shall be conducted in accordance with the procedures set forth in this section.

   C.   Evidence: At the administrative hearing, the City Manager shall consider evidence on the following issues, without limitation:

      1.   Whether the alleged violations listed in the Stop Work Order, Notice of Violation or Abatement Order exist or existed and whether they violate the Code;

      2.   Whether the Respondent was afforded due process in accordance with the applicable notification procedures and other requirements of this Chapter; and

      3.   Whether the conditions listed in the Stop Work Order, Notice of Violation or Abatement Order continue unabated.

   D   Hearing Procedures: The City Manager shall conduct an administrative hearing pursuant to this Section subject to the following procedures and requirements:

      1.   The Respondent shall first describe the decision being challenged, state the grounds for requesting the administrative hearing and present a summary of the Respondent's argument.

      2.   The Respondent may then testify, submit documents and/or call witnesses in support of the Respondent's opposition to the Stop Work Order, Notice of Violation, Abatement Order or denial of Request for Notice of Compliance.

      3.   The City shall then state the grounds for the Stop Work Order, Notice of Violation or Abatement Order.

      4.    The City may submit documents and/or call witnesses in support of the Stop Work Order, Notice of Violation or Abatement Order.

      5.   The Respondent may then present a rebuttal argument, witnesses and/or documents. The failure of the Respondent to provide argument, witnesses and/or documents on rebuttal shall not be considered by the City Manager in deciding whether to affirm, deny, condition, or modify the Stop Work Order, Notice of Violation or Abatement Order, or approve the Request for Notice of Compliance.

      6.   The Respondent and the City, respectively, may present closing arguments.

      7.   Respondent and the City are entitled to be represented by counsel, and present testimony, evidence and argument on all issues raised by the Stop Work Order, Notice of Violation or Abatement Order, to include, where appropriate, the grounds for the Request for Notice of Compliance.

      8.   The City Manager may, if it appears helpful to a clear understanding of the issues, consider matters not raised at the administrative hearing.

      9.   All testimony by the Respondent and the parties' witnesses shall be under oath.

      10.   The rules of evidence shall not apply at the administrative hearing.

      11.   The City Manager may limit testimony or other proffered evidence that is duplicative, unnecessarily argumentative, or not reasonably related to the Stop Work Order, Notice of Violation, Abatement Order or Request for Notice of Compliance.

   E.   Termination Of Administrative Hearing: The City Manager may terminate the administrative hearing upon finding that sufficient testimony, documents, and arguments have been presented to enable the City Manager to fully decide whether to affirm, deny, condition, or modify the Stop Work Order, Notice of Violation or Abatement Order, or to approve or deny the Request for Notice of Compliance; provided, the City Manager shall first request from the Respondent a summary of all remaining matters he or she intends to present at the administrative hearing.

   F.   Decision By City Manager: At the conclusion of the administrative hearing, the City Manager shall make a final decision to affirm, deny, condition, or modify the Stop Work Order, Notice of Violation or Abatement Order, or approve or deny the Request for Notice of Compliance, and shall within thirty (30) calendar days thereafter file a Notice of Decision with the City Clerk stating the decision. The City Clerk shall then promptly serve the Notice of Decision upon the Respondent by certified mail, return receipt request.

   G.   Enforcement: If an administrative hearing is held before the City Manager as provided in this Chapter, then the Stop Work Order, Notice of Violation or Abatement Order shall thereafter be enforced in accordance with the City Manager's decision. If a request for an administrative hearing is not filed in accordance with the requirements of this Section, the Enforcement Official may thereafter proceed to enforce the Stop Work Order, Notice of Violation or Abatement Order through any of the remedies provided in this Chapter.

   H.   Duplicative Administrative Hearings Prohibited: A Respondent is not entitled to an administrative hearing pursuant to this section if an administrative hearing was previously held on the same matter and there has not been a substantial change in the status of the violation. (Ord. 903, 7-22-2025)

   A.   Notice Of Appeal: Any Respondent aggrieved by a decision of the City Manager at an administrative hearing conducted pursuant to Section 1-16-12 may appeal the decision by filing a Notice of Appeal with the City Clerk within thirty (30) calendar days of service of the Notice of Decision. The Notice of Appeal shall contain the following information: the name of the Appellant/Respondent, the address of the property to which the decision relates (if applicable), the date on which the Appellant/Respondent was served with the Notice of Decision, a summary of the decision being appealed and a statement of the reason the decision is being appealed. The failure of the aggrieved person to file a Notice of Appeal in the manner set forth in this section shall constitute the waiver of the aggrieved Respondent's right to appeal.

   B.   Stay Of City Action: Except as otherwise provided in this Chapter, the filing of a Notice of Appeal shall not automatically stay an enforcement action by the City pending the outcome of an appeal. Notwithstanding any other provision contained in this Chapter, the City Manager may stay any enforcement action of the City pending an appeal hearing before the City Council if the City Manager determines that the alleged violation does not present an immediate or imminent threat to public health or safety.

   C.   Investigation By City Council: Following the filing of a Notice of Appeal, the City Council may, in its discretion, appoint a committee of the City Council or an independent hearing officer to investigate any allegations set forth in a Notice of Appeal, report findings of fact and make a recommendation for disposition to the City Council.

   D.   Appeal Hearing Before City Council: The City Council shall conduct a hearing on the appeal within forty-five (45) calendar days from the date the Notice of Appeal is filed with the City Clerk. The appeal hearing shall be open to the public and shall be conducted in accordance with the procedures set forth in this Section.

   E.   Factors To Be Considered: The City Council shall consider evidence on the following issues, without limitation, as appropriate:

      1.   Whether the conditions listed in the Order to Stop Work, Notice of Violation, or Abatement Order exist or existed and whether they violate the Code;

      2.   Whether the Enforcement Official afforded the Appellant/Respondent due process by adhering to the notification procedures specified in this Chapter;

      3.   Whether the conditions listed in the Order to Stop Work, Notice of Violation, or Abatement Order continue unabated; and

      4.   In the case of the appeal of a denial of a Request for Notice of Compliance, whether the basis for denying the Request for Notice of Compliance was justified under the circumstances and whether the underlying violation remains unabated.

   F.   Appeal Hearing Procedures: The procedures by which the City Council shall conduct an appeal hearing pursuant to this section are as follows:

      1.   The Appellant/Respondent shall first describe the decision being challenged, state the grounds for the appeal and present a summary of the Appellant/Respondent's argument.

      2.   The Appellant/Respondent may then testify, submit documents and/or call witnesses in support of the appeal.

      3.   The City shall then state the grounds for opposing the appeal.

      4.   The City may submit documents and/or call witnesses in opposition to the appeal.

      5.   The Appellant/Respondent may then present a rebuttal argument, witnesses and/or documents. The failure of an Appellant/Respondent to provide argument, witnesses and/or documents on rebuttal shall not be considered by the City Council in deciding the appeal.

      6.   The Appellant/Respondent and the City, respectively, may present closing arguments.

      7.   Appellant/Respondent and the City are entitled to be represented by counsel, and present testimony, evidence and argument on all issues raised on appeal.

      8.   The City Council may, if it appears helpful to a clear understanding of the issues, consider matters not raised at the hearing.

      9.   All testimony by the Appellant/Respondent and the parties' witnesses shall be under oath.

      10.   The rules of evidence shall not apply.

      11.   The Mayor or Mayor Pro Tem shall preside over the appeal hearing and may limit testimony or other proffered evidence that is duplicative, unnecessarily argumentative or not reasonably related to the matter being appealed.

      12.   The Mayor or Mayor Pro Tem may terminate the appeal hearing upon finding that sufficient testimony, documents and arguments have been presented to enable the City Council to fully deliberate and decide the appeal; provided, the Mayor or Mayor Pro Tem shall first request from the Appellant/Respondent a summary of all remaining matters he or she intends to present at the hearing.

   G.   Decision by City Council: At the conclusion of the appeal hearing, the City Council shall make a final decision that is consistent with the requirements of this Chapter to affirm, reverse, condition or modify the decision of the City Manager and shall within thirty (30) calendar days thereafter file a Notice of Decision with the City Clerk stating the decision.

   H.   Judicial Review: Any person who has appealed a decision to the City Council in accordance with this Section and is aggrieved by the decision of the City Council may appeal that decision to the appropriate court by filing a petition for judicial review within twenty-five (25) calendar days from the date the City Council's Notice of Decision is filed with the City Clerk. (Ord. 903, 7-22-2025)

Unless the Stop Work Order, Notice of Violation or Abatement Order has been stayed pursuant to the provisions of this Chapter, the City shall withhold approval of an application submitted by a Respondent for a conditional use permit, business license, or building permit pertaining to the property where the violation occurred or is occurring, or the use thereof, until either (a) the requirements of the Stop Work Order, Notice of Violation or Abatement Order have been removed by a decision of the City Manager, City Council or a court of competent jurisdiction; (b) a Notice of Compliance has been issued by the Enforcement Official; or (c) the Stop Work Order, Notice of Violation or Abatement Order has been reversed by an appellate authority or otherwise rescinded in accordance with the provisions of this Chapter, whichever occurs first. Notwithstanding the foregoing, a Respondent may obtain review of a decision to withhold approval of an application pursuant to this section by appealing the decision to the City Council, which may affirm, modify, condition or reverse the rejection of the application for good cause shown. (Ord. 903, 7-22-2025)

   A.   Complaints; To Whom Directed: Any person who observes a possible violation of the Code may submit a complaint to any City official or employee. Such a complaint is considered a public record under Chapter 239 of the Nevada Revised Statutes. Any City official or employee other than a peace officer or Code Enforcement Official who receives a complaint regarding Code violations shall promptly forward the complaint to the City Police Department, the Code Enforcement Officer, or any other appropriate Enforcement Official as designated by subsequent ordinance or resolution of the City Council.

   B.   Form Of Complaint: Complaints may be submitted in writing, by electronic mail, by telephone, or in person, and must include sufficient details to assist with investigation and enforcement.

   C.   Action Upon Complaint: The City Police Department, the Code Enforcement Officer and any other designated Enforcement Official shall have the authority to investigate reported violations and take appropriate enforcement action in accordance with this Chapter. After receipt of a complaint by the City, the Enforcement Official shall investigate the complaint if the Enforcement Official determines that an investigation is warranted under the circumstances, except as otherwise provided in the Code. (Ord. 903, 7-22-2025)

Except as otherwise provided in this Chapter, service of notices and other documents pursuant to this Chapter shall be made in one of the following manners:

   A.   By personal service;

   B.   By affixing the notice or other document to the intended recipient's place of residence or business in a conspicuous place;

   C.   By United States Mail addressed to the last known address of the intended recipient as shown in the records of the City Clerk or, if unavailable, in the records of the County Assessor; or

   D.   If service is required by federal or state law, by the means set forth in the appropriate federal or state statute or regulation. (Ord. 903, 7-22-2025)