§ 9.04.100 — Hearing procedures

9.04.100 - Hearing procedures.

(A) Upon the filing of the abatement report for abatement action taken by the City pursuant to Section 9.04.080, a hearing shall be held for the purpose of reviewing the report and any accompanying documentation. At the City's option, such a hearing may be held before the City Council or before the City Council's designee. At the abatement report hearing, the City Council or designee shall either approve or disapprove of the report as submitted, or as modified or corrected by the City Council or designee. In the event the City Council or designee approves the report as submitted, or as modified or corrected, either or both of the following actions may be taken: (1) The City Council or designee may order that the cost of abating the public nuisance be made a personal obligation of the property owner or other responsible party and may direct the City Attorney to collect the costs of abating the nuisance (including reinspection fees) and interest thereon by use of all appropriate remedies. (2) The City Council or designee may order that the cost of abating the public nuisance, including reinspection fees and interest, shall be assessed against the property. In such a case, the City Council or designee shall confirm the assessment and have it filed with the County Recorder and mailed in accordance with Subsection (B) of this Section. Thereafter, the assessment shall constitute a lien upon the property. (B) An assessment lien processed under Subsection (A): (1) Is perfected when the City has: (a) Filed with the County Recorder a statement of the amount of expenses due and unpaid and describing the property subject to the lien; and (b) Sent by certified mail, return receipt requested, a notice of the lien, separately prepared for each lot affected, and addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the Clark County Assessor's Office. (2) Shall be: (a) Coequal with the latest lien on the subject property to secure the payment of general taxes; (b) Not subject to extinguishment by the sale of the property on account of the nonpayment of general taxes; (c) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes. (3) Shall bear interest, from the date of recordation, at the rate set by law for judgments, and shall continue until the assessment and all interest due and payable thereon is paid. (C) Pursuant to NRS 268.4122, the City Council or designee may order that civil penalties assessed under this Chapter be made part of an assessment lien authorized by this Section, but any action to do shall be subject to the limitations contained in NRS 268.4122. In the case of action taken by a designee, an appeal of that decision may be taken to a court of competent jurisdiction. (D) For appropriate cause, a designee of the City Council, in connection with a hearing, may waive or reduce costs and penalties previously assessed under this Chapter. The City Council shall establish by resolution a policy that describes the process by which such waivers may be requested and hearings held, as well as standards and guidelines related to waiver requests. Except as otherwise provided in Subsection (E), the decision of a designee is final City action for purposes of judicial review, and any subsequent review or appeal must be taken to a court of competent jurisdiction. (E) A person who has requested a waiver or reduction pursuant to Subsection (D) and who is aggrieved by a decision of the designee may appeal that decision to the City Council, but such an appeal is available only if the appeal is filed in writing with the City Clerk within ten calendar days following the designee's decision. The decision of the City Council is final City action for purposes of judicial review. Any subsequent review or appeal must be taken to a court of competent jurisdiction. (F) The policy established pursuant to Subsection (D) may include, or the City Manager may establish, an alternative administrative process by which a person who seeks a waiver of costs and penalties may elect to forgo the hearing process described in Subsection (D) and instead enter into a compliance agreement with the City, pursuant to which waivers may be granted by the City administratively. The provisions of Subsections (D) and (E) shall govern if the person requesting a waiver is unable to meet the requirements of the compliance agreement or if such an agreement cannot be reached.

(Ord. No. 6785, § 1, 7-7-21; Ord. No. 6304, § 2, 3-5-14; Ord. No. 6177, § 3, 2-15-12; Ord. 5873 § 12 (part), 2006)