A. Formal Notice by City Clerk: Upon receipt of the verification required by section 4-1-9, or if the nuisance is not removed as prescribed by informal notice pursuant to 4-1-10, the city clerk shall, unless the matter is referred to the city attorney as provided hereafter, mail by certified mail, return receipt requested, notice of the complaint of the existence of a nuisance to the Person pursuant to the following section. As a separate or additional remedy, the city clerk may provide the city attorney's office a copy of all investigative material for the purpose of filing an action in a court of competent jurisdiction for prosecution of a violation of this code and abatement of the nuisance. In the event of a conviction in court, the judge, in addition to his or her other customary sentencing powers, may exercise any of the powers conferred upon the city council upon a finding that a public nuisance exists.
B. Provisions of Formal Notice: Formal written notice of the existence of a nuisance to the Person shall provide the following:
1. Characterization: A description of the property, the alleged condition of the property that qualifies as a nuisance defined herein, and the applicable ordinance that the Person is accused of violating;
2. Required Action: The requirement to commence work for removal of the nuisance within ten (10) days after mailing the notice, and to completely remove the nuisance by a specified date which shall be within a reasonable time after the commencement of the work; or
a. Pursuant to NRS 268.4122, if the condition is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the condition.
3. Opportunity to be Heard: The right to request a hearing within ten (10) days of receiving formal notice and that such hearing be held before the city clerk. The Person is entitled to be heard, present evidence, and be represented by legal counsel. Notice of legal representation must be given to the city clerk ten (10) days prior to the scheduled hearing date.
a. The date specified in the notice by which the Person must abate the condition is tolled for the period during which a hearing is requested and decision received.
4. Appeal: The right to appeal the decision by the city clerk within ten (10) days of the hearing. The appeal shall be heard before city council at the next feasible city council meeting, with proper notice of the meeting issued pursuant to section 4-1-12(A). The Person is entitled to be heard, present evidence, and be represented by legal counsel. Notice of legal representation must be given to the city clerk ten (10) days prior to the scheduled hearing date.
5. Failure to Comply: That should the Person fail to request a hearing or comply with the terms of the notice and order within the time specified, the city may (1) impose a fine of one hundred dollars ($100.00) for each day thereafter that the Person has not abated the nuisance, (2) initiate the abatement process of the existing nuisance and issue a lien on the property to recover the cost of removal, and/or (3) file a complaint for prosecution in a court of competent jurisdiction.
C. Extensions: The city clerk shall have the discretion to grant extensions of time to begin removing the nuisance under special circumstances where such work cannot feasibly begin within ten (10) days of receiving the notice. (Ord. 744, 1-13-2022)