Chapter 8.04
NUISANCES
Sections:
8.04.020 Duty of maintaining property.
8.04.030 Written complaint and investigation of alleged nuisance by enforcement officials.
8.04.040 Notice to property owner and occupant.
8.04.070 Assessment of costs of abatement.
8.04.080 Collection of the special assessment.
8.04.090 Legal action to abate nuisance.
8.04.100 Nonexclusive remedy and private nuisance suits.
8.04.010 Nuisances defined.
For the purposes of this chapter, the term “nuisance” is defined by NRS 40.140 as anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including, without limitation, a building or place 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. This definition incorporates any condition or use of premises or of building exteriors which is detrimental to the property of others or that causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the following:
A. Every act unlawfully done or every omission to perform a duty, which act or omission:
1. Shall annoy, injure or endanger the safety, health, comfort or repose of any other person;
2. Shall offend public decency;
3. Shall unlawfully interfere with, befoul, obstruct or tend to obstruct, or render dangerous for passage a public park, square, street, alley, bridge, causeway or highway or a river, stream, canal, ditch, pond or other body of water;
4. Shall in any way render other persons insecure in life or the use of property;
B. Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;
C. All insecure or unsafe buildings, walls, chimneys, stacks or other structures, all filth, garbage, offal, ashes, all nauseous, flammable and unhealthful matter, all partially burned buildings and structures, and all debris resulting from fires and demolition or abandonment of structures;
D. The violation of any state law or city or county ordinance which defines violation thereof as a nuisance;
E. Abandoned, or discarded objects or equipment such as machinery, furniture, stoves, household appliances, cans, containers, boxes, waste, old building materials, trash and other refuse;
F. Outside storage of two or more unlicensed vehicles, equipment, building materials and other property, unless fully screened from view from outside the property and fully enclosed or otherwise protected in such manner as to prevent (1) the harboring of insects, flies, rodents, snakes and other animals, or (2) any condition that may violate subsection (B) of this section. Outside storage of any vehicles shall be in an orderly and organized fashion, such as placed in rows in a remote area of the property that has reasonable access;
1. Screening is defined as a six-foot fence with sight-obscuring material such as slats, boards, or opaque mesh, or as otherwise approved by the enforcement official in writing.
G. Excessive emission of dense smoke or air pollution caused by excessive soot, cinders, fly ash, noxious acids, fumes and gases. A properly permitted use approved by Humboldt County zoning is not a nuisance.
H. Excessive noise consisting of prolonged exposure which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.020 Duty of maintaining property.
No person owning, leasing, occupying or having charge of any premises shall maintain, keep or permit to be maintained or kept, such premises in a manner causing substantial diminution in the value of the other property in the area in which such premises are located or to maintain any public nuisance. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.030 Written complaint and investigation of alleged nuisance by enforcement officials.
A. Written Complaints. A person alleging a nuisance exists shall file a written nuisance on a complaint form provided by Humboldt County with the enforcement official designated by resolution.
B. Enforcement Officials.
1. The Humboldt County commission shall assign by resolution and pursuant to NRS 171.17751, enforcement officials.
2. The enforcement official shall have the authority and powers necessary to investigate whether a violation of this chapter exists and the authority to take appropriate action to gain compliance with the provisions of this chapter. These powers include the power to write citations, issue notices of violations and declarations, negotiate abatement plans and deadlines, and the power to inspect public and private property, and use all civil, criminal, and administrative remedies available under the Humboldt County Code and Nevada Revised Statutes.
C. Notice of Violation Issued by Enforcement Official.
1. Any notice of violation shall contain a list of necessary corrections to bring the property into compliance, and a specified deadline to correct the violations listed.
2. Any notice of violation shall contain a warning that failure to abate nuisance shall cause the enforcement official to file a misdemeanor citation in the Union Township Justice Court.
D. Enforcement officials shall make every effort to meet and confer with persons allegedly maintaining a nuisance. (Ord. 03-03-25 § 1; Ord. 9-05-17 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97)
8.04.040 Notice to property owner and occupant.
A. Upon receipt of verification that a nuisance might exist, the enforcement official shall immediately mail by certified mail, return receipt requested, a notice of the complaint of existence of a nuisance to, or shall cause such notice to be served personally upon, the person owning the premises according to the current tax roll and to the person in possession, charge, or control of the yard, lot or premises upon which the nuisance exists. The enforcement official shall also notify the property owner and person in charge of the premises by email, if known. The enforcement official may also send notice by regular mail and/or email to any other person or entity of beneficial interest, if known. Such notice shall also be posted upon the yard, lot or premises where the nuisance might exist.
B. The notice shall, at a minimum, contain the following information:
1. A legal description of the property;
2. The name of the owner of the property and/or the person in possession of the property;
3. Those facts which constitute the alleged nuisance and include with notice the following:
a. Reference to the Humboldt County Code nuisance provisions and any statute relevant to the complaint.
b. Copies of any inspection report(s).
4. A request for a meeting with the property owner to work out an abatement plan and timely deadline for compliance. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.050)
8.04.050 Nuisance trial.
A misdemeanor citation shall be filed in the Union Township Justice Court if the nuisance is not abated by the deadline set by the enforcement official. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.060)
8.04.060 Abatement.
A. Any court or magistrate before whom there may be pending any proceeding for a violation of Humboldt County Code, this title, this chapter, NRS 202.470, and/or any uniform codes, shall, in addition to any fine or other punishment which it may impose for such a violation, order:
1. The defendant to abate the nuisance. The abatement must begin within three days after the court or magistrate enters the order to abate and must be completed within the time period specified by the court or magistrate. The enforcement official or agency shall supervise the abatement and report to the court or magistrate regarding whether the abatement was successfully completed within the time period specified by the court or magistrate.
2. The defendant to pay a civil penalty of not less than five hundred dollars but not more than five thousand dollars. If ordered by the court or magistrate, the penalty may be paid in installments. The responsible agency may attempt to collect a civil penalty or installment that is in default in any manner provided by law for the enforcement of a judgment.
3. If a defendant is ordered to abate a nuisance pursuant to subsection (A)(1) of this section, and fails to abate the nuisance within the time frame specified by the court or magistrate, the responsible agency may assume responsibility and abate the nuisance, at the expense of the defendant. If the responsible agency abates the nuisance, the responsible party shall report to the court or magistrate upon the successful completion of the abatement.
4. Any court penalty collected pursuant to subsection (A)(1) of this section must be deposited with the Humboldt County treasurer in an account used solely to pay costs associated with any abatement order by a court or magistrate.
5. As used in this chapter, “responsible party” means an agency, officer, bureau, board, commission, department, division, or any other unit of government of the state or local government that is designated by a court or magistrate as the party responsibility for carrying out any action pursuant to this section.
B. A county official assigned as an enforcement official whose duty it is to inspect any abatement efforts for compliance with the order to abate, upon presentation of proper credentials, may enter any property during Humboldt County business hours of eight a.m. to five p.m. or any other time agreed to by the property owner to inspect the abatement efforts. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.070)
8.04.070 Assessment of costs of abatement.
A. If the order to abate the nuisance is not obeyed within thirty days after service of a copy of the judgment, the board of county commissioners may cause the abatement and removal of the nuisance and make the cost of abatement a special assessment against the real property.
B. The board of county commissioners shall:
1. Determine reasonable costs and expenses and who will perform the abatement; the name of the owner of the premises, and the premises to be assessed;
2. Adopt or revise the statement by resolution levying assessment and require the county clerk to transmit the resolution and statement and transmit a copy to the county assessor and to record a copy with the county recorder;
3. Upon such recording, the assessment shall be due and payable, shall constitute a lien upon the premises, and shall remain such until paid. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.080)
8.04.080 Collection of the special assessment.
A. The special assessment may be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such special assessment.
B. The county assessor shall:
1. Make an assessment roll and levy a special assessment upon the premises and against the person chargeable;
2. After such levy, transfer the assessment roll to the county treasurer.
C. The county treasurer shall record the assessment in his/her office in the same manner as street assessments are recorded. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.090)
8.04.090 Legal action to abate nuisance.
Humboldt County reserves the right to use any and all legal options to encourage property owners to abate nuisances. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.100)
8.04.100 Nonexclusive remedy and private nuisance suits.
A. Nothing in this chapter shall prevent alternative abatement procedures as set forth in the respective codes adopted by this county, such as, but not limited to, the building code, zoning code, and health code.
B. Nothing contained in this chapter shall prevent any affected person from bringing a private nuisance action in court against a person allegedly maintaining a nuisance. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.110)
8.04.110 Violation—Penalty.
Any person who maintains a nuisance, as enumerated in HCC 8.04.010 and NRS 202.470, and/or any uniform codes adopted by Humboldt County, and fails or neglects, within the required time after notice, to comply with the requirements of such notice, is guilty of a misdemeanor. (Ord. 03-03-25 § 1; Ord. 6-20-05; Ord. 6-16-97; Ord. 3-24-97. Formerly 8.04.110)