Commencement of actions—Burdens of proof—Defenses—Mitigation of civil penalty.
North Las Vegas Municipal Code § 9.40.040
in effect9.40.040 - Commencement of actions—Burdens of proof—Defenses—Mitigation of civil penalty.
A. Except in a proceeding under Section 9.40.050 of this chapter, if after the commencement but prior to the trial of any action brought by the city pursuant to this chapter, an owner specifically stipulates with the city that they will pursue a course of action as the parties agree will necessarily abate the conditions giving rise to the violation(s), the city shall agree to stay proceedings for a period of not less than ten (10) nor more than thirty (30) days. The owner or the city may thereafter petition the court for such additional like periods of time as may be necessary to complete the action(s) contemplated by the stipulation. However, in the event that the city reasonably believes the owner is not diligently pursuing the action(s) contemplated by the stipulation, it may then apply to the court for a release from the stay seeking some relief as is deemed appropriate.
B. In an action seeking the closure of a structure as specified crime property, the city shall have the initial burden of proof to show by a preponderance of the evidence that the structure is a specified crime property.
C. In an action seeking civil penalties from an owner, the city shall have the initial burden of proof to show by a preponderance of the evidence that the owner had knowledge of activities or conditions at the structure constituting a violation of this chapter.
D. In any action brought to enforce the terms of Section 9.40.010, evidence of a structure's general reputation and the reputation of persons residing in or frequenting it shall be admissible as competent.
E. Except in an action brought pursuant to Section 9.40.050(B), it is a defense to an action seeking the closure of a structure that the owner of a structure at the time in question could not, in the exercise of reasonable care or diligence, determine that the structure was being used or maintained as a specified crime property.
F. In establishing the amount of any civil penalty requested, the court may consider any of the following factors, as they may be appropriate, and shall cite those found applicable:
1. The actions taken by the owner(s) to mitigate or correct the problem at the structure;
2. The financial condition of the owner;
3. Whether the problem at the structure was repeated or continuous;
4. The magnitude or gravity of the problem;
5. The economic or financial benefit accruing or likely to accrue to the owner(s) as a result of the conditions at the structure;
6. The cooperativeness of the owner(s) with the city;
7. The cost to the city of investigating and correcting or attempting to correct the condition;
8. Any other factor deemed by the court to be relevant.
(Ord. 1048 § 1 (part), 1992: prior code § 7.90.040)
Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT9PUPEMOWE_CH9.40SPCRPR_9.40.040COACURPREFITCIPEFetched: 11/1/2026