A. Published Notice:
1. Except as otherwise specifically provided in these regulations, in any instance in which a public hearing is required, a notice setting forth the date, time, place and purpose of such hearing, the name of the applicant, and identification of the subject property must be published once at least ten (10) days prior to the hearing in a newspaper of general circulation throughout the city 1 .
2. In computing the time, both the day of the publication and the day of the hearing shall be excluded.
3. Not less than fifteen (15) days prior to the public hearing, the applicant shall provide the information required for the notice to the zoning official who shall be responsible for preparing the notice for publication.
B. Personal Notice Of Public Hearing:
1. Whenever personal notice of a public hearing is required by these regulations to be sent to surrounding landowners, notice shall be sent by the zoning official at the applicant's cost by U.S. mail at least ten (10) business days before the hearing to each current owner of real property, as listed in the official records of the Clark County, Nevada, assessor, located within five hundred feet (500') of the exterior boundary of the property in question unless otherwise specified by these regulations. If the matter to be considered is an appeal, notice shall be provided to all parties to the appeal, including interested parties.
2. Not less than fifteen (15) days prior to the public hearing, the applicant shall provide the information required for the personal notice, including a list of the current owners of record of the real property located within five hundred feet (500') of the exterior boundary of the property in question.
3. The responsibility for personal notice to all surrounding landowners lies solely with the applicant for development approval.
4. Personal notice shall be in letter form stating the date, time and place of the hearing, a general description of the proposal, the location of the property which is the subject of the hearing and other such requirements as further specified in these regulations. The mailed notice must also include a statement explaining that members of the public may be heard at the public hearing. Newspaper clippings of the published notice shall not be used for personal notice.
5. The failure of a property owner to receive notice by mail, if timely sent and properly addressed to the current owner of record, shall not be grounds for invalidating any action taken by the responsible decision making body.
C. Posted Notice: When required by these regulations, the zoning official shall post distinctive twenty four inch by twenty four inch (24" x 24") signs giving notice of the date, time and place of the hearing and of the action requested. The zoning official shall post at least one sign on the subject property at least ten (10) days prior to the hearing in conspicuous places visible from every street along the frontage of the subject property. The sign(s) shall remain posted on the property until after the close of the public hearing.
D. Agenda Notice: Notice of all public hearings will be included in the city council agenda which shall be posted at city hall at least three (3) business days prior to any public hearing. (Ord. 172, 9-24-1996, eff. 10-31-1996)
E. Notice Of Final Determination: Written notification of the decision shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any. If the final decision maker denies the application, a written statement setting forth the basis for the decision to deny the application shall be included. Record of such notification shall be filed with the city clerk. (Ord. 382, 8-28-2007, eff. 9-20-2007)
F. Substantial Compliance Required: Notice shall be deemed to be complete where there is substantial compliance with the requirements of this section. Minor technical deviations in the language of published, personal or posted notice or in the number of signs on a property where multiple signs are required shall not be deemed to impair the notice where the actual notice has been given. The requirement for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed; where there is a question raised at the hearing regarding the adequacy of notice, the city council shall make a formal finding as to whether there was substantial compliance with the notice requirement of these regulations.
G. Notification Of Appeal Or Revocation: Whenever an appeal is taken from a final decision, or whenever the city determines to revoke a development permit which was obtained following a public hearing, personal notice of the appeal or revocation shall be prepared and made in the manner prescribed by this section. If no public hearing was held prior to obtaining the development permit, personal notice of revocation shall be given only to the holder of the permit.
H. Costs Of Notice: All actual costs incurred by the city in preparing and publishing the notice required by these regulations shall be paid by the applicant prior to publication, mailing or posting of such notice according to a schedule of fees established by the city council. (Ord. 172, 9-24-1996, eff. 10-31-1996)
Notes
| 1 | 1. Published, personal and posted notice must be provided at least ten (10) days before a public hearing. |