A.   Building Inspector: It shall be the duty of the building inspector to enforce the provisions of this title. It shall be the duty of county officials charged with the issuance of licenses to enforce the provisions of this title pertaining to the use of land or buildings for which any such license is required by any other ordinance of the county.

   B.   County Officers: It shall be the duty of all county officers charged with the enforcement of law to enforce this title and all of its provisions. (Ord. 410, 8-25-1986)

   A.   Who May Appeal: Shall be governed by Nevada Revised Statutes 278.310 et seq.

   B.   Procedure:

      1.   Notice Of Appeal: Appeals of decisions being by filing the appropriate request for a variance with the planning commission, the final decision on whether to grant or not grant a variance lies with the sound discretion of the city council on forms provided by the planning commission. The request for a variance shall include in detail the reasons for the requested variance and show thereon how the conditions set forth in this section are satisfied.

      2.   Criteria For Variance: The planning commission, before it may recommend to grant a variance, must find, based on the evidence presented, that each of the following conditions exist in reference to the property being considered:

         a.   There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property which do not apply generally to other properties in the same district.

         b.   The requested variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district.

         c.   If granted, the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the district in which the property is located.

         d.   If granted, the variance will not be contrary to the objectives of the master plan.

         e.   Evidence of the ability and intention of the applicant to proceed with the construction work in accordance with the approved plans within six (6) months after the effective date of the variance.

      3.   Public Hearing: The planning commission shall hold a public hearing upon each properly submitted application for a variance, as set forth in this title and may establish reasonable conditions which ensure the intent and purpose of this title.

      4.   Recommendation: The planning commission, in its discretion, may submit a written recommendation to the city council following the conclusion of the public hearing, otherwise, the planning commission may make an oral proclamation of its recommendation to be provided to the city council for consideration. If the planning commission wishes to make a written recommendation to the city council, it shall do so within ten (10) calendar days, to allow the requester time to provide a response to the written recommendation which will be provided to the city council prior to the planned city council meeting when this matter shall be heard and decided upon.

      5.   Application Fee: A uniform fee of one hundred dollars ($100.00) shall be paid with each application for the purpose of defraying the costs incidental to the proceedings.

      6.   Term: Any variance recommended for approval by the planning commission to the city council shall include a condition that the variance must be acted upon by the requester within six (6) months after the effective date of the variance. In the event construction is involved, construction must actually commence within the stated period and must be diligently prosecuted to completion; otherwise, the variance is automatically voided. A lapse of work for a period of three (3) months will be sufficient to cause the invalidity of the variance (excluding situations outside the control of the recipient of the variance, such as inclement weather).

         a.   The city's building official may make a recommendation to the planning commission to invalidate a filed variance for failure to diligently prosecute the project to completion. If such recommendation is made by the city building official, the requester shall be notified, in writing at least fifteen (15) calendar days prior to the meeting at which the recommendation will be made, to provide the requester an opportunity to appear and explain why, if there is any reason, he/she believes the variance should not be invalidated. Failure to appear before the planning commission shall constitute good cause to invalidate the variance.

         b.   The planning commission may in its discretion affirm, modify or deny the city building official's recommendation to invalidate a previously issued variance. Such recommendation shall be provided to the city council for consideration at the next regularly scheduled meeting of the city council following the meeting of the planning commission where the recommendation was considered.

   C.   Decision: The city council may affirm, modify or reverse any decision or recommendation of the planning commission, the city's building official, or the city engineer. The requester, under this section, shall be notified in writing by city staff of the decision of the city council on their application or on the recommendations of the planning commission pertaining to their request for a variance.

   D.   Appeal: Any person who has made application to the planning commission and subsequently to the city council in accordance with this chapter, and is aggrieved by the decision of the city council, may appeal that decision to the 7th judicial district court, in and for the county of White Pine, state of Nevada, pursuant to Nevada Revised Statutes 278.3195(4). (Ord. 690, 10-22-2015)

   A.   Hearing Required: Upon receipt by the planning commission of an application for which a public hearing is required, a time and place shall be set therefor and at least fifteen (15) days' notice given. Such hearing shall be held not later than thirty (30) calendar days following the date of filing of such application or the next meeting as close to the thirty (30) calendar days as practicable without the need for holding a special meeting.

   B.   Notice Of Hearing:

      1.   Required: The applicant and each owner of property not signing the application but within the boundaries of the land proposed for reclassification, zoning variance or special use permit, or within three hundred feet (300'), or more as deemed necessary by the building official, of the boundaries of the land described in such application shall be notified of the time and place of the hearing, the description of the property involved and the nature of the hearing.

      2.   Methods: Notification of a public hearing may be given by any of the following methods:

         a.   Mail: By mailing a notice to each property owner involved, as shown on the latest assessment rolls of the county or other public records, the cost of such mailing shall be borne exclusively by the party seeking a hearing and must be paid in advance to the city building official or designee;

         b.   Posting: By posting the written notice conspicuously at a minimum of two (2) places within the affected area;

         c.   Publication: By publishing a legal notice in a paper of general circulation in the county. The cost of such posting shall be borne exclusively by the party seeking a hearing and must be paid in advance to the city building official or designee. (Ord. 690, 10-22-2015)

   A.   Hearing Required: Upon receipt of the planning commission's recommendation, for which a public hearing is required, a time and place shall be set and at least fifteen (15) calendar days' notice given. Such hearing shall be held not later than sixty (60) calendar days following the date of filing of such application with the city.

   B.   Notice Of Hearing:

      1.   Required: The applicant and each owner of property not signing the application but within the boundaries of the land proposed for reclassification, zoning variance or special use permit or within three hundred feet (300'), or more as deemed necessary by the building official, of the boundaries of the land described in such application shall be notified of the time and place of the hearing, the description of the property involved and the nature of the hearing.

      2.   Methods: Notification of a public hearing may be given by any of the following methods:

         a.   Mail: By mailing a notice to each property owner involved, as shown on the latest assessment rolls of the county or other public records, the cost of such mailing shall be borne exclusively by the party seeking a hearing and must be paid in advance to the city building official or designee;

         b.   Posting: By posting the written notice conspicuously at a minimum of two (2) places within the affected area;

         c.   Publication: By publishing a legal notice in a paper of general circulation in the county the cost of such publication shall be borne exclusively by the party seeking a hearing and must be paid in advance to the city building official or designee. (Ord. 690, 10-22-2015)

Any building or structure hereafter set up, erected, built, moved or maintained or any use of property hereafter, contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney shall, upon order of the governing body, immediately commence action for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any persons from setting up, erecting, building, moving or maintaining any such building or structure, or using any property contrary to the provisions of this title. (Ord. 690, 10-22-2015)

The issuance or granting of a building permit or approval of plans or specifications under the authority of the building code shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this title or any amendment thereto. (Ord. 690, 10-22-2015)

Any person, whether acting as principal, agent, employee or otherwise, violating any provision of this title or of any variance or special permit granted hereunder, or the owner, general agent, lessee or tenant of a building or premises where a violation of any provision of this title exists, or any other person who commits, takes part or assists in any violation, shall be deemed guilty of a misdemeanor and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person and shall be punishable as herein provided. (Ord. 690, 10-22-2015)