REGISTRATION AND MAINTENANCE PROGRAM FOR VACANT PROPERTIES

Las Vegas Municipal Code tit. 16, ch. 16.33

in effect

Las Vegas Municipal Code § 16.33.010 Purpose and intent.

16.33.010 - Purpose and intent. It is the purpose and intent of this Chapter to establish a program to reduce the amount of deteriorating real property located within the City, in particular, real property suffering from blight caused by the lack of adequate maintenance. The program includes a property registration requirement designed to assist in accomplishing the intent and purpose of this Chapter. (Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.020 Definitions.

16.33.020 - Definitions. Unless the context otherwise requires, the following words and phrases used in this Chapter shall have the meanings ascribed to them: "Abandoned residential property" has the meaning ascribed to it in NRS 107.0795. "Default," with respect to a mortgage, means that the obligor under the mortgage has breached or is in default of a repayment or other obligation in connection with that mortgage. "Foreclosure" means the process by which real property placed as security for the repayment of a loan is to be sold to satisfy the debt concerning which the borrower has defaulted. "Mortgage" means a first mortgage or other first-priority security interest in real property that is placed as security for the repayment of a loan, and includes a first deed of trust. "Mortgagee" means any person or firm who holds a first-priority mortgage or other first-priority security interest in real property to secure a loan, whether as the mortgagee of a mortgage or the beneficiary of a deed of trust. "Notice of default event," with respect to a mortgage, means that a default regarding that mortgage has occurred and either: (A) A notice of breach or notice of default and election to sell has been provided to the obligor thereof and has been recorded in the County Recorder's Office; or (B) An action for judicial foreclosure has been commenced regarding that mortgage by the filing of a complaint or petition for foreclosure in a court of competent jurisdiction. "Specified property" means any parcel of vacant real property within the City that is subject to a mortgage and concerning which a notice of default event has occurred. To the extent not included within the scope of the preceding sentence, the term also includes abandoned residential property located within the City, as well as residential property that may be in danger of becoming abandoned residential property. For purposes of the inspection requirement set forth in LVMC 16.33.030 and for that purpose only, the term also includes a parcel of real property that appears to be vacant. Once a parcel is determined not to be vacant, or is determined not to qualify as abandoned residential property or to be in danger of becoming abandoned residential property, it shall not be considered "specified property" until it qualifies as such again under this definition. "Vacant," with respect to real property, and "vacant real property" mean real property and improvements that are not presently occupied by persons lawfully entitled thereto. The term does not include real property that is unoccupied by reason of the temporary absence of lawful occupants who intend to return and resume occupancy. (Ord. No. 6586, § 1, 6-21-17; Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.030 Inspection, registration and designation.

16.33.030 - Inspection, registration and designation. (A) Except as otherwise provided in LVMC 16.33.070, any mortgagee who holds a mortgage on specified property shall inspect that property or cause it to be inspected in accordance with this Section. If the inspection reveals that the property is not being occupied by the mortgagor or by persons who are occupying the property with the mortgagor's consent, the mortgagee shall register the property with the Department of Community Development on forms to be provided by the Department, or with another department, person or entity designated by the Department, on forms approved by the Department or the designee. In connection with that registration, the mortgagee shall also designate in writing a property manager to inspect, maintain and secure the property. A separate inspection, registration and designation are required for each specified property. (B) Registration pursuant to Subsection (A) shall contain, at a minimum, the following information: (1) The name and mailing address of the mortgagee, and the physical address of the mortgagee if the mailing address is a post office box. (2) A direct contact name, phone number, and email address (if available), for purposes of contacting the mortgagee. (3) The name, address, phone number, and email address (if available) of the property manager. (4) The current disposition and occupancy status of the property. (C) Any property manager designated pursuant to this Section must be located within Nevada and must be: (1) A duly-licensed property management company or property preservation company; (2) A department or section of a mortgagee that is devoted to property management or preservation; or (3) A service provider specifically employed by a mortgagee to provide property management or preservation within the City. (D) The obligations listed in Subsection (A) shall be fulfilled within the following time frames: (1) The property inspection must occur no later than fifteen calendar days following: (a) The occurrence of the notice of default event regarding the property; or (b) Receipt of notice from the City or another governmental agency that the property qualifies as abandoned residential property or may be in danger of so qualifying. (2) The property registration and designation of a property manager must occur no later than ten calendar days after the inspection. (E) A property inspection required by Subsection (A) may be conducted by the City pursuant to LVMC 16.33.100, upon request. (F) With respect to each specified property, the mortgagee and its designated property manager shall be responsible for inspecting and maintaining the property on a monthly basis until the parcel no longer qualifies under the definition of "specified property." (Ord. No. 6816, § 142, 8-17-22; Ord. No. 6586, § 2, 6-21-17; Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.040 Registration-related fees.

16.33.040 - Registration-related fees. The City is authorized to charge a mortgagee the following fees: (A) Two hundred dollars for each initial property registration required under this Chapter and an additional two hundred dollars annually on the yearly anniversary of the registration; and (B) Fifty dollars for each modification to a registration. (Ord. No. 6586, § 3, 6-21-17; Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.050 Authority.

16.33.050 - Authority. By means of contract, the City may assign and delegate to another person or entity the authority and responsibility to: (A) Effect, collect and maintain registrations under LVMC 16.33.030; and (B) Collect registration fees under LVMC 16.33.040. (Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.060 Maintenance.

16.33.060 - Maintenance. (A) Specified property shall be maintained in accordance with applicable codes and ordinances, including without limitation ordinances pertaining to dangerous buildings, litter, and nuisance abatement. Insofar as there is existing or previously existing landscaping, all visible landscaping in front and side yards shall be maintained to the neighborhood standard at the time registration was required. If no landscaping previously existed at the property in front and visible side yards, installation is not required under this Section. (B) For purposes of this Section: (1) "Landscaping" includes without limitation grass, turf stain, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. The term does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch (unless applied in conjunction with reseeding of turf areas), indoor-outdoor carpet or any similar material. (2) "Maintenance of landscaping" includes without limitation regular watering, irrigation, staining, re-staining, cutting, pruning and mowing of required landscaping and removal of all trimmings. (C) Pools and spas located on specified property shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case, pools and spas must comply with the minimum security requirements applicable to pools and spas within the City. (D) Specified property shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Doors of all kinds, windows, gates and other openings that make the property accessible must be closed and locked so that a key, keycard, tool or special knowledge is necessary to gain access. Broken windows must be reglazed or boarded in accordance with applicable City standards. (E) Specified property shall be posted with the name and contact phone number of the mortgagee or property manager. The posting shall be no less than eight and one-half inches by eleven inches and shall contain, along with the name and contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL" or similar. The posting shall be placed in a window adjacent to the entry door or attached to the exterior of the entry door. Exterior posting must be constructed of and printed with, or contained in, weather-resistant materials. (F) Except as otherwise provided in LVMC 16.33.070, compliance with this Section with respect to any specified property shall be the joint responsibility of the mortgagee and the property manager, as well as the property owner. (Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.070 Waived inspection and maintenance.

16.33.070 - Waived inspection and maintenance. A mortgagee's obligation under this Chapter regarding inspection and maintenance of a specified property may be waived by the Director of Community Development or the Director's designee if the mortgagee can demonstrate to the satisfaction of the Director or designee that: (A) The mortgage documents either expressly prohibit the mortgagee and its agents from entering the property for those purposes or do not authorize such entry in order to protect the mortgagee's interests in the property; and (B) There is a reasonable possibility, based on articulable evidence, that: (1) The obligor under the mortgage or an authorized occupant of the premises will report as a trespass an entry on the premises by or on behalf of a mortgagee; or (2) The obligor under the mortgage will assert against the mortgagee, whether in a foreclosure proceeding or otherwise, a claim that such entry is a breach of the mortgage documents or constitutes an illegal or unauthorized entry on the property. (Ord. No. 6816, § 143, 8-17-22; Ord. No. 6586, § 4, 6-21-17; Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.080 Violations—Enforcement.

16.33.080 - Violations—Enforcement. (A) It is unlawful for a person or other responsible party under this Chapter to violate any provision of this Chapter. (B) The provisions of this Chapter may be enforced by the Las Vegas Metropolitan Police Department, officers and employees of the Department of Community Development, and any other officer or employee designated by the City Manager. (C) The provisions of this Chapter may be enforced by means of: (1) Criminal prosecution; (2) To the extent adaptable, the same civil process that is available under LVMC Chapter 9.04 for the abatement of nuisances; (3) An civil action in a court of competent jurisdiction to compel compliance; or (4) Any other civil mechanism established by the City Council for use in connection with this Chapter. (D) In addition to any enforcement remedy otherwise available, the Director of Community Development or a designee shall have the authority to require a responsible party to implement additional maintenance and/or security measures as may be reasonably required to arrest the decline of the property. (Ord. No. 6816, § 144, 8-17-22; Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.090 Limitations and effect of chapter.

16.33.090 - Limitations and effect of chapter. (A) Nothing in this Chapter: (1) Requires a mortgagee or its agent or employee to violate any criminal law or ordinance or any court order, or to violate an automatic stay in a bankruptcy proceeding. (2) Creates a duty or obligation that is owed to, or runs in favor of, any person other than the City and those officers, employees or agents who are acting in the City's behalf. (3) Creates or implies a cause of action in favor of, or available to, any person other than the City. (B) No act by a mortgagee or its officers, employees, agents or contractors in compliance with this Chapter, and no omission of an act required by this Chapter on the part of a mortgagee or its officers, employees, agents or contractors, shall be deemed or interpreted to: (1) Make the mortgagee, for any purpose, a "mortgagee in possession" of property subject to a mortgage. (2) Create a duty or obligation that is owed to, or runs in favor of, any person other than the City and those officers, employees or agents who are acting in the City's behalf. (3) Create or imply a cause of action in favor of, or available to, any person other than the City. (4) Create, imply or suggest liability in tort on the part of a mortgagee or its officers, employees, agents or contractors, unless the act or omission would be actionable and result in such liability independent of, and notwithstanding the provisions of, this Chapter. (Ord. No. 6169, § 1, 12-7-11)

Las Vegas Municipal Code § 16.33.100 Inspection of properties for purposes of an expedited sale.

16.33.100 - Inspection of properties for purposes of an expedited sale. For purposes of NRS 107.130(4) pertaining to the inspection of properties for purposes of an expedited sale under deed of trust: (A) The Code Enforcement Division of the Department of Community Development is designated as the agency to perform the services and functions required by NRS 107.130. (B) If the beneficiary of a deed of trust pertaining to residential property located within the City reasonably believes that the property may be abandoned (as referenced in NRS 107.130), the beneficiary or an agent may request a certification relative to abandonment from the Code Enforcement Division, on a form provided by the Division for that purpose. (C) In response to a request pursuant to Subsection (B), the Code Enforcement Division shall perform the inspection, notice and certification functions required and authorized by NRS 107.130 regarding the property that is the subject of the request, and shall do so in accordance with and subject to the provisions of NRS 107.130. (D) The Code Enforcement Division is authorized to charge a fee of three hundred dollars for performing the services and functions described in Subsection (C) and may condition its performance on receipt of that fee. (Ord. No. 6816, § 145, 8-17-22; Ord. No. 6586, § 5, 6-21-17)

Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT16BUCO_CH16.33REMAPRVAPRFetched: 10/28/2026