(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.
(C) Court Hearing:
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
(c) Order any other appropriate relief.
(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)