Elko County Unincorporated
City Zoning Code

CHAPTER 15

NUISANCES

4-15-1: DEFINITIONS:

AUTHORIZED AGENT:	A person other than the Sheriff authorized to issue a citation.
DANGEROUS STRUCTURE OR CONDITION:	A structure or condition that may cause injury to, or endanger the health, life, property or safety of, the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that: (A) Injures or endangers the life, safety, health, or property of the general public or the occupants of the property upon which the structure or condition is located, or in any way annoys or endangers the comfort or repose of a considerable number of persons; or (B) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
DEBRIS, RUBBISH AND REFUSE:	An accumulation of solid materials on the owner's property that is visible to the public and is offensive to the senses, or is dangerous to the health, safety or welfare of the public, and which includes, without limitation, paper, cardboard, inoperable automobiles, tin cans, wood, glass, bedding, crockery and similar materials.
NUISANCE ACTIVITY:	(A) Criminal activity; (B) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances; (C) Excessive noise and violations of curfew; (D) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property; (E) Any act or omission which injures or endangers the life, safety, health, or property of the general public or the occupants of the property upon which the structure or condition is located, or in any way annoys or endangers the comfort or repose of a considerable number of persons; or (F) Any act or omission which violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
OWNER:	Any person, whether residing, located or domiciled within or outside the unincorporated area of the County, or within or outside the state of Nevada, having title to the property. For the purposes of service of notice, "owner" shall also mean the owner's local designated agent or representative.
PERSON ASSOCIATED WITH THE PROPERTY:	(A) The owner of the property; (B) The manager or assistant manager of the property; (C) The tenant of the property; or (D) A person who, on the occasion of a nuisance activity, has: 1. Entered, patronized or visited; 2. Attempted to enter, patronize or visit; or 3. Waited to enter, patronize or visit, the property or a person present on the property.
PLANNING COMMISSION:	The Elko County Planning Commission.
RESIDENTIAL PROPERTY:	(A) Improved real estate that consists of no more than four residential units; (B) Unimproved real estate for which no more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or (C) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
WEEDS AND NOXIOUS PLANT GROWTH:	Weeds or overgrown grass, brush or vegetation that is offensive to the senses or injurious to health. (Ord. 07-2020, 10-21-2020)

4-15-2: ABATEMENT OF DANGEROUS STRUCTURES OR CONDITIONS:

(A) Declaration of Nuisance:

1. In order to protect the public health, safety and welfare of the residents of the County, the Planning Commission may order the owner of property within the County to:

(a) Repair, safeguard or eliminate any dangerous structure or condition;

(b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of NRS Chapter 459;

(d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in this Chapter.

(B) Notice:

1. Upon the discovery of a dangerous structure or condition, debris, rubbish, refuse, weeds or noxious plant growth on property within the County, an authorized inspector shall send to the owner of the property, at the mailing address provided by the owner in the real property records of the County, written notice of the existence of such conditions. The notice shall be sent by certified mail, return receipt requested. The notice shall contain:

(a) The street address, parcel number and/or legal description sufficient for identification of the property upon which the conditions are located;

(b) A description of the condition or conditions to be abated;

(d) The date by which the abatement must occur; except that the owner must be afforded a minimum of thirty days to abate the nuisance;

(e) A statement informing the owner of an opportunity to request a hearing before the designee of the board and an appeal of that decision to the board; and

(f) A statement informing the owner that he will be subject to civil penalties for each day that he does not abate the conditions after the date specified in the notice.

1. Upon service of a written Notice to Abate the conditions, the owner of the property upon which the conditions exist shall have until the date set forth in the notice by which the abatement must occur, unless the authorized inspector, in his or her discretion based on the factual circumstances, grants an extension of time in writing. At the expiration of the applicable time limit, a second inspection of the subject property shall occur. If the conditions have been abated, no further enforcement action shall be taken.

2. If voluntary abatement occurs after the date set forth in the notice by which the abatement must occur, and the owner or occupant of the property has not been in control of any property for which a notice under this Chapter was provided within the preceding five years, then civil penalties shall be waived.

(D) Abatement Hearing:

1. When the owner of the property disagrees with the Notice to Abate, served pursuant Subsection "B" of this Section, the owner may request a hearing before the Planning Commission. The hearing must be requested within ten calendar days of service of the Notice to Abate.

2. An appeal may be taken to the Board of County Commissioners in the manner set forth in Elko County Code 4-9-10.

3. The date specified in the notice by which the owner must abate the conditions is tolled for the period during which the owner requests a hearing and receives a decision from the Planning Commission, and for the period during which the owner appeals that decision to the Board of County Commissioners.

(E) Recoupment of County Costs to Abate:

1. The County shall recover from the owner the amount expended to abate the conditions if:

(a) The owner has not requested a hearing within ten business days after service of the Notice to Abate, and has failed to abate the conditions on his property within the time prescribed in the Notice to Abate;

(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal ten calendar days after the date of the action of the Planning Commission and has failed to abate the conditions within the period specified in the order of the designee of the board; or

(c) The Board of County Commissioners has denied the appeal of the owner and the owner has failed to abate the conditions within the period specified by the Board of Commissioners.

2. In addition to the option of recovering money expended by the County to abate the condition by initiating a civil suit against the owner or any other reasonable means, the expense shall be a special assessment against the property upon which the condition is located. The special assessment shall be collected pursuant to the provisions set forth in Subsection 4 of NRS 244.360. (Ord. 07-2020, 10-21-2020)

4-15-3: ABATEMENT OF CHRONIC NUISANCE:

(A) Abatement of Chronic Nuisance:

1. Declaration of Nuisance. For the purposes of this Chapter, a chronic nuisance exists when:

(a) Three or more instances of nuisance activities exist or have occurred during any ninety-day period on the property;

(b) A person associated with the property has engaged in three or more nuisance activities during any ninety-day period on the property or within one hundred (100) feet of the property;

(c) The property has been the subject of a search warrant based on probable cause of continuous or repeated violations of NRS Chapter 459;

(d) A building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043; or

(e) A building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

(1) The building or place has not been deemed safe for habitation by a governmental entity; or

(2) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within one hundred eighty days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor, or controlled substance analog.

(B) Notice:

1. The written notice and declaration of chronic nuisance shall be sent by certified mail, return receipt requested, by the authorized agent to the owner of the property and posted on the property as notice to the occupant, when applicable.

1. When served with a Notice and Declaration of Chronic Nuisance, the owner may request a hearing by filing in District Court a Complaint for Declaratory or Injunctive Relief. Service of the Complaint shall be effectuated in accordance with the Nevada Rules of Civil Procedure. The Complaint must be filed and served prior to the abatement date specified in the notice. The date specified in the notice is tolled for the period during which the owner requests a hearing and receives a decision.

2. When served with a notice and the owner fails to abate the chronic nuisance by the date specified in the notice, and fails to request a hearing in District Court prior to the date specified in the notice, the Sheriff or authorized agent may request the District Attorney to file a Complaint in District Court.

3. If the Court finds that a chronic nuisance exists and action is necessary to avoid serious threat to the public welfare or the safety or health of the occupants of the property, the Court may order the County to secure and close the property until the nuisance is abated.

4. In addition, if the Court finds that a chronic nuisance exists, the Court may:

(a) Impose a civil penalty of not more than five hundred dollars per day for each day that the chronic nuisance was not abated after the date specified in the notice, by which the owner was required to abate the condition;

(b) Order the owner to pay the County for the cost incurred by the County in abating the condition; and

(D) Recovery of Abatement Cost:

1. In addition to any other reasonable means authorized by the Court for the recovery of money expended by the County to abate the chronic nuisance, and, except as otherwise provided in Subsection (b), for the collection of civil penalties imposed, pursuant to Subsection "C", the expense and civil penalties shall be a special assessment against the property upon which the chronic nuisance existed. The special assessment shall be collected pursuant to the provisions set forth in Subsection 4 of NRS 244.360.

2. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property, pursuant to Subsection (a), unless:

(a) At least one hundred eighty (180) days have elapsed after the date specified in the Order of the Court, by which the owner must abate the chronic nuisance or, if the owner appeals that Order, the date specified in the Order of the Appellate Court, by which the owner must abate the chronic nuisance, whichever is later;

(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

(c) The amount of the uncollected civil penalties is more than five thousand dollars ($5,000.00). (Ord. 07-2020, 10-21-2020)

Elko County Unincorporated
City Zoning Code

CHAPTER 15

NUISANCES

4-15-1: DEFINITIONS:

AUTHORIZED AGENT:	A person other than the Sheriff authorized to issue a citation.
DANGEROUS STRUCTURE OR CONDITION:	A structure or condition that may cause injury to, or endanger the health, life, property or safety of, the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that: (A) Injures or endangers the life, safety, health, or property of the general public or the occupants of the property upon which the structure or condition is located, or in any way annoys or endangers the comfort or repose of a considerable number of persons; or (B) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
DEBRIS, RUBBISH AND REFUSE:	An accumulation of solid materials on the owner's property that is visible to the public and is offensive to the senses, or is dangerous to the health, safety or welfare of the public, and which includes, without limitation, paper, cardboard, inoperable automobiles, tin cans, wood, glass, bedding, crockery and similar materials.
NUISANCE ACTIVITY:	(A) Criminal activity; (B) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances; (C) Excessive noise and violations of curfew; (D) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property; (E) Any act or omission which injures or endangers the life, safety, health, or property of the general public or the occupants of the property upon which the structure or condition is located, or in any way annoys or endangers the comfort or repose of a considerable number of persons; or (F) Any act or omission which violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
OWNER:	Any person, whether residing, located or domiciled within or outside the unincorporated area of the County, or within or outside the state of Nevada, having title to the property. For the purposes of service of notice, "owner" shall also mean the owner's local designated agent or representative.
PERSON ASSOCIATED WITH THE PROPERTY:	(A) The owner of the property; (B) The manager or assistant manager of the property; (C) The tenant of the property; or (D) A person who, on the occasion of a nuisance activity, has: 1. Entered, patronized or visited; 2. Attempted to enter, patronize or visit; or 3. Waited to enter, patronize or visit, the property or a person present on the property.
PLANNING COMMISSION:	The Elko County Planning Commission.
RESIDENTIAL PROPERTY:	(A) Improved real estate that consists of no more than four residential units; (B) Unimproved real estate for which no more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or (C) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
WEEDS AND NOXIOUS PLANT GROWTH:	Weeds or overgrown grass, brush or vegetation that is offensive to the senses or injurious to health. (Ord. 07-2020, 10-21-2020)

4-15-2: ABATEMENT OF DANGEROUS STRUCTURES OR CONDITIONS:

(A) Declaration of Nuisance:

1. In order to protect the public health, safety and welfare of the residents of the County, the Planning Commission may order the owner of property within the County to:

(a) Repair, safeguard or eliminate any dangerous structure or condition;

(b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of NRS Chapter 459;

(d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in this Chapter.

(B) Notice:

(a) The street address, parcel number and/or legal description sufficient for identification of the property upon which the conditions are located;

(b) A description of the condition or conditions to be abated;

(d) The date by which the abatement must occur; except that the owner must be afforded a minimum of thirty days to abate the nuisance;

(e) A statement informing the owner of an opportunity to request a hearing before the designee of the board and an appeal of that decision to the board; and

(f) A statement informing the owner that he will be subject to civil penalties for each day that he does not abate the conditions after the date specified in the notice.

(D) Abatement Hearing:

2. An appeal may be taken to the Board of County Commissioners in the manner set forth in Elko County Code 4-9-10.

(E) Recoupment of County Costs to Abate:

1. The County shall recover from the owner the amount expended to abate the conditions if:

(c) The Board of County Commissioners has denied the appeal of the owner and the owner has failed to abate the conditions within the period specified by the Board of Commissioners.

4-15-3: ABATEMENT OF CHRONIC NUISANCE:

(A) Abatement of Chronic Nuisance:

1. Declaration of Nuisance. For the purposes of this Chapter, a chronic nuisance exists when:

(a) Three or more instances of nuisance activities exist or have occurred during any ninety-day period on the property;

(b) A person associated with the property has engaged in three or more nuisance activities during any ninety-day period on the property or within one hundred (100) feet of the property;

(c) The property has been the subject of a search warrant based on probable cause of continuous or repeated violations of NRS Chapter 459;

(e) A building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

(1) The building or place has not been deemed safe for habitation by a governmental entity; or

(B) Notice:

4. In addition, if the Court finds that a chronic nuisance exists, the Court may:

(b) Order the owner to pay the County for the cost incurred by the County in abating the condition; and

(D) Recovery of Abatement Cost:

2. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property, pursuant to Subsection (a), unless:

(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

(c) The amount of the uncollected civil penalties is more than five thousand dollars ($5,000.00). (Ord. 07-2020, 10-21-2020)

Elko County Unincorporated
City Zoning Code

CHAPTER 15

NUISANCES

4-15-1: DEFINITIONS:

AUTHORIZED AGENT:	A person other than the Sheriff authorized to issue a citation.
DANGEROUS STRUCTURE OR CONDITION:	A structure or condition that may cause injury to, or endanger the health, life, property or safety of, the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that: (A) Injures or endangers the life, safety, health, or property of the general public or the occupants of the property upon which the structure or condition is located, or in any way annoys or endangers the comfort or repose of a considerable number of persons; or (B) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
DEBRIS, RUBBISH AND REFUSE:	An accumulation of solid materials on the owner's property that is visible to the public and is offensive to the senses, or is dangerous to the health, safety or welfare of the public, and which includes, without limitation, paper, cardboard, inoperable automobiles, tin cans, wood, glass, bedding, crockery and similar materials.
NUISANCE ACTIVITY:	(A) Criminal activity; (B) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances; (C) Excessive noise and violations of curfew; (D) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property; (E) Any act or omission which injures or endangers the life, safety, health, or property of the general public or the occupants of the property upon which the structure or condition is located, or in any way annoys or endangers the comfort or repose of a considerable number of persons; or (F) Any act or omission which violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the county, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
OWNER:	Any person, whether residing, located or domiciled within or outside the unincorporated area of the County, or within or outside the state of Nevada, having title to the property. For the purposes of service of notice, "owner" shall also mean the owner's local designated agent or representative.
PERSON ASSOCIATED WITH THE PROPERTY:	(A) The owner of the property; (B) The manager or assistant manager of the property; (C) The tenant of the property; or (D) A person who, on the occasion of a nuisance activity, has: 1. Entered, patronized or visited; 2. Attempted to enter, patronize or visit; or 3. Waited to enter, patronize or visit, the property or a person present on the property.
PLANNING COMMISSION:	The Elko County Planning Commission.
RESIDENTIAL PROPERTY:	(A) Improved real estate that consists of no more than four residential units; (B) Unimproved real estate for which no more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or (C) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
WEEDS AND NOXIOUS PLANT GROWTH:	Weeds or overgrown grass, brush or vegetation that is offensive to the senses or injurious to health. (Ord. 07-2020, 10-21-2020)

4-15-2: ABATEMENT OF DANGEROUS STRUCTURES OR CONDITIONS:

(A) Declaration of Nuisance:

1. In order to protect the public health, safety and welfare of the residents of the County, the Planning Commission may order the owner of property within the County to:

(a) Repair, safeguard or eliminate any dangerous structure or condition;

(b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of NRS Chapter 459;

(d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in this Chapter.

(B) Notice:

(a) The street address, parcel number and/or legal description sufficient for identification of the property upon which the conditions are located;

(b) A description of the condition or conditions to be abated;

(d) The date by which the abatement must occur; except that the owner must be afforded a minimum of thirty days to abate the nuisance;

(e) A statement informing the owner of an opportunity to request a hearing before the designee of the board and an appeal of that decision to the board; and

(f) A statement informing the owner that he will be subject to civil penalties for each day that he does not abate the conditions after the date specified in the notice.

(D) Abatement Hearing:

2. An appeal may be taken to the Board of County Commissioners in the manner set forth in Elko County Code 4-9-10.

(E) Recoupment of County Costs to Abate:

1. The County shall recover from the owner the amount expended to abate the conditions if:

(c) The Board of County Commissioners has denied the appeal of the owner and the owner has failed to abate the conditions within the period specified by the Board of Commissioners.

4-15-3: ABATEMENT OF CHRONIC NUISANCE:

(A) Abatement of Chronic Nuisance:

1. Declaration of Nuisance. For the purposes of this Chapter, a chronic nuisance exists when:

(a) Three or more instances of nuisance activities exist or have occurred during any ninety-day period on the property;

(b) A person associated with the property has engaged in three or more nuisance activities during any ninety-day period on the property or within one hundred (100) feet of the property;

(c) The property has been the subject of a search warrant based on probable cause of continuous or repeated violations of NRS Chapter 459;

(e) A building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

(1) The building or place has not been deemed safe for habitation by a governmental entity; or

(B) Notice:

4. In addition, if the Court finds that a chronic nuisance exists, the Court may:

(b) Order the owner to pay the County for the cost incurred by the County in abating the condition; and

(D) Recovery of Abatement Cost:

2. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property, pursuant to Subsection (a), unless:

(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

(c) The amount of the uncollected civil penalties is more than five thousand dollars ($5,000.00). (Ord. 07-2020, 10-21-2020)

Elko County UnincorporatedCity Zoning Code

CHAPTER 15

4-15-1: DEFINITIONS:

4-15-2: ABATEMENT OF DANGEROUS STRUCTURES OR CONDITIONS:

4-15-3: ABATEMENT OF CHRONIC NUISANCE:

Elko County UnincorporatedCity Zoning Code

CHAPTER 15

4-15-1: DEFINITIONS:

4-15-2: ABATEMENT OF DANGEROUS STRUCTURES OR CONDITIONS:

4-15-3: ABATEMENT OF CHRONIC NUISANCE:

Elko County UnincorporatedCity Zoning Code

CHAPTER 15

4-15-1: DEFINITIONS:

4-15-2: ABATEMENT OF DANGEROUS STRUCTURES OR CONDITIONS:

4-15-3: ABATEMENT OF CHRONIC NUISANCE:

Elko County Unincorporated
City Zoning Code

Elko County Unincorporated
City Zoning Code

Elko County Unincorporated
City Zoning Code