ADMINISTRATIVE MAINTENANCE DISTRICTS

Reno Administrative Code tit. 12, ch. 12.28, art. IX

in effect

Reno Administrative Code § 12.28.900 Definitions.

Sec. 12.28.900. - Definitions. Defined terms set forth in RMC section 12.28.010 and used in this article shall have the meanings given to such terms in such section. In addition to the definitions contained in section 12.28.010, the definitions set forth below apply. (a) Administrator: Director of parks, recreation and community services, including any successor title thereto, or a duly authorized designee, is designated as the administrator for carrying out the duties set forth in Article IX of Title 12, Chapter 28. (b) Assessment amount: The monetary amount levied against each assessment unit as an assessment for any given assessment period. (c) Assessment period: Each successive period of time running from and including July 1 to and including June 30. (d) Assessment unit: Each legal parcel of real property from time to time comprising and being included within the boundaries of the applicable maintenance district property and upon which a single-family dwelling may be constructed, whether such dwelling has been constructed or not. (e) Improvements: Those improvements from time to time constructed and located within maintenance district property pursuant to the landscape plan as accepted by the city. (f) Landscape maintenance standards: Those landscape maintenance standards for the improvements as determined by the administrator. (g) Landscape plan: The landscape plans, irrigation plans, and other plans requested by the administrator that are applicable to a maintenance district. (h) Maintenance district property: That certain real property located in the City of Reno, County of Washoe, State of Nevada, that is accepted in a maintenance district, together with such other real property as may be added to such maintenance district from time to time pursuant to section 12.28.955 of this article. (i) Petitioner: Petitioner is specifically identified in a petition requesting the city accept maintenance of certain improvements, and includes all of its respective heirs, partners, representatives, successors and assigns, as applicable. (j) Restrictive dedication: Form of conveyance to the city of certain real property for the purpose of its inclusion in a landscape maintenance district. All restrictive dedications must be approved by city council and in a form approved by the administrator. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.905 Administrative authority.

Sec. 12.28.905. - Administrative authority. The provisions of this article are enacted pursuant to NRS 278.4787 governing the development of maintenance districts for landscaping, public lighting, and security walls and allowing for the administrative processing of maintenance districts. The provisions pertaining to administrative maintenance districts shall be applicable upon adoption, and all applications shall be processed administratively from that date forward. Maintenance districts previously created by ordinance shall remain in full force and effect in accordance with the applicable provisions of the Code. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.910 Applicability.

Sec. 12.28.910. - Applicability. A petitioner qualified under NRS 278.4787, and as amended, may ask the City of Reno to create a maintenance district. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.915 Administrative procedure for applying to the city to create or expand a maintenance district.

Sec. 12.28.915. - Administrative procedure for applying to the city to create or expand a maintenance district. (a) Consistent with NRS 278.4787, a petitioner shall provide the applicable processing fee and present a verified petition on an approved form delivered to the administrator setting forth legal descriptions of all tracts of land that would be subject to the assessment. (b) Petitioner shall provide the legal description of each tract of land requested to be maintained by the city. (c) Petitioner shall submit a landscape, public lighting, and/or security wall plan, design detail or specifications, as applicable, in a form acceptable to the administrator. (d) Petitioner shall submit a proposed easement regarding entry and access to the city, its officers, agents, employees, and contractors to carry out the duties of the maintenance district, suitable for filing with the county recorder against the real property upon which any of the improvements to be maintained in the maintenance district are located. (e) Petitioner shall comply with all other city policies and procedures applicable to maintenance districts. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.920 Responsibilities of administrator.

Sec. 12.28.920. - Responsibilities of administrator. The following are the duties and responsibilities of the administrator: (1) To review and investigate each petition to determine compliance with governing law, including the provisions of Article IX, and to assure that the request for creation of a maintenance district is consistent with the intent and purpose of such laws; (2) To determine and implement minimum landscape maintenance standards applicable to maintenance districts; (3) To determine how access should be provided for the property to be maintained by the maintenance district and, if appropriate, to recommend to city council the acceptance or rejection of a restrictive dedication as set forth in RMC 12.28.930; (4) To determine the assessment amount for each tract or unit and the timing of payment of the assessment. In determining this amount, the administrator may take into account costs of maintaining the improvements, utilities, employees, administration, billing expenses, liability exposure, and any other expenditure reasonably related to the maintenance district; (5) To determine and implement policies and procedures applicable to maintenance districts and oversee compliance therewith; (6) To make a decision on whether to grant or to deny the petition in accordance with applicable laws and policies and procedures; (7) To review and to recommend to city council if it is in the best interests of the city to continue a maintenance district and to process a dissolution before city council in accordance with this chapter, and other applicable laws, policies and procedures; (8) To review each maintenance district each year to determine assessment amounts and if an adjustment of the assessment amount is needed pursuant to RMC 12.28.935; and (9) To make decisions or determinations about any other matter reasonable related to a maintenance district petition and/or to maintenance of the property subject to the maintenance district. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.925 Administrative decision to grant or deny a petition for maintenance district.

Sec. 12.28.925. - Administrative decision to grant or deny a petition for maintenance district. (a) In determining if it is desirable to assume or reject the maintenance of the proposed improvements, the administrator shall make the following findings: (1) Assumption of the maintenance of the proposed improvements will or will not create an unreasonable burden of administration; (2) Assumption of the maintenance of the proposed improvements and/or submitted landscape plan is or is not consistent with the city's master plan; (3) The proposed landscaping, public lighting, and/or security wall plan are or are not compatible with the character of the area in which they are located; and (4) Provide any other material factor that is consistent with applicable laws, and policies and procedures for maintenance districts. (b) If the administrator makes a determination that it is desirable to assume the maintenance of the proposed improvements, a maintenance assessment district will be formed in accordance with such decision. Each decision shall include: (1) A description of all tracts within the district in accordance with the applicant's petition; (2) How access should be provided for the property to be maintained by the maintenance district or a condition that the maintenance district will be formed following the acceptance by city council of a restrictive dedication; (3) The assessment amount for each tract or unit on a periodic basis; (4) The time of payment of the assessment; (5) A description of the improvements to be maintained and levels and standards to which the improvements will be maintained; (6) The amount by which the public interest will benefit from the maintenance of improvements and the amount the city will contribute, if any, to maintain improvements within the district proportional to the public benefit; (7) The portion of the assessment due to the city for expenses associated with the administration of the district; (8) That the assessment amount constitutes a lien upon the tracts of land or residential units thereon, and must be executed and has the same priority, as a lien for property taxes; (9) Where not restricted by applicable law, an exculpation clause which is a condition that runs with the land, wherein each owner of an assessment unit, for itself and all persons claiming through such owner or successor thereto, shall as a condition of continuation of the maintenance district, hold the city harmless from any and all claims, losses, liabilities, injuries and damages arising out of or in connection with the non-negligent performed by the city or its authorized agents or independent contractors of the obligations for maintenance; (10) A notice to the petitioner that the city in its discretion shall have the ability to contract with third parties to provide services, parts, or other goods for a maintenance district; (11) Any other relevant matters; and (12) A maintenance district must be created prior to approval of a final subdivision map. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.930 Restrictive dedications.

Sec. 12.28.930. - Restrictive dedications. All restrictive dedications must be approved by city council in a document form approved by the administrator. In order for the administrator to recommend to city council the acceptance of a restrictive dedication, he or she must perform an analysis as to whether the public benefit exceeds the private benefit. This analysis is to take into consideration the best interests of the city given applicable costs, liability exposure, and other applicable benefits and detriments to ownership, rights of access, dissolution, and other applicable matters. City council shall consider the same factors in determining if a restrictive dedication is appropriate. In addition, when determining the appropriateness of a restrictive dedication, city council may revisit the factors used by the administrator in a determination to assume or reject the maintenance of the proposed improvements. If the maintenance district's public benefit does not exceed the private benefit, a restrictive dedication may be determined to not be in the best interests of the public. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.935 Assessment amounts.

Sec. 12.28.935. - Assessment amounts. (a) Assessment amounts are to be determined by the administrator. Assessment amounts shall include an allocation for the annual cost for maintenance with respect to the maintenance district, administrative overhead, liability exposure, utilities, self-insured allocation and/or insurance expense, ownership costs and any other expenses attributable to the maintenance district. Assessment amounts are, and will continue to be, subject to an annual adjustment by the administrator. (b) Assessment amounts shall be payable on or before the sixtieth day from and after the date it is mailed to the owner of the assessment unit as billings for real property taxes are sent by the Washoe County Tax Assessor's Office. (c) Assessment amounts for any partial assessment period shall be prorated based upon a 365-day year. (d) Assessment amounts which are not paid when due shall accrue penalties of 15 percent of the assessment amounts, and the total amount due including penalties shall be compounded semi-annually. (e) Assessment amounts shall not be effective until the city's acceptance of the improvements for maintenance. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.940 City lien rights.

Sec. 12.28.940. - City lien rights. Once levied, assessment amounts shall constitute liens upon and against the respective assessment units. Each such lien shall be executed, and shall have the same priority, as a lien for real property taxes with respect to each assessment unit. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.945 Improvements.

Sec. 12.28.945. - Improvements. (a) Improvements shall be installed by petitioner in accordance with the landscape plan in a good and workmanlike, lien free manner within two years after approval of the petition for maintenance district. Improvements must not be constructed or installed prior to petitioning for a maintenance district. (b) No later than 60 days after the creation of the maintenance district, petitioner shall provide to the city a letter of credit or bond, whichever is acceptable to the city, in such amount and upon such terms as the city deems appropriate in the reasonable exercise of its discretion for the purpose of securing unto the city the installation of the improvements in the manner required by this section. Verification of security shall be provided to the administrator and to the community development department for the city, or successors thereto. (c) Prior to the city's acceptance of the improvements, petitioner shall record with the Washoe County Recorder and provide to the city an easement for access and maintenance of the improvements across applicable real property in the maintenance district or alternatively, petitioner shall obtain approval of city council for a restrictive dedication. (d) The city shall undertake or cause to be undertaken the maintenance of the improvements consistent with the levels and standards set forth in the landscape maintenance standards in accordance with the city's policies and procedures applicable to maintenance districts. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.950 Exculpation.

Sec. 12.28.950. - Exculpation. The city shall have no liability whatsoever, and each owner of an assessment unit, for itself and all persons claiming through such owner, shall hold the city harmless from any and all claims, losses, liabilities, injuries and damages arising out of or in connection with the non-negligent performance by the city or its authorized agents or independent contractors of the obligations for maintenance district undertaken by the city pursuant to this ordinance. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.955 Expansion of maintenance district.

Sec. 12.28.955. - Expansion of maintenance district. Upon the filing of a petition and compliance with this ordinance, and following review and acceptance by the city given the parameters of this ordinance, a maintenance district may be expanded to include future phases of the subdivision. Upon acceptance of improvements for any future phase, the assessment amount for the entire maintenance district will be adjusted. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.960 Recorded notice of maintenance district.

Sec. 12.28.960. - Recorded notice of maintenance district. Concurrently with the recording of the final subdivision map for the maintenance district property, petitioner shall cause to be recorded against each assessment unit in the maintenance district property a notice of the inclusion of the maintenance district property in a maintenance district, with a true and either an accurate copy of the administrator's decision or city council's decision creating the maintenance district and this ordinance attached thereto. Such notice shall be in such form and content so as to encumber each assessment unit and run with the title thereto. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.965 Review of continuation of maintenance district; dissolution.

Sec. 12.28.965. - Review of continuation of maintenance district; dissolution. Not more than once every three years and upon notice to the owners of maintenance district property, the city or at least 50 percent of the property owners of maintenance district property may request a public hearing to review and determine whether it is desirable to continue a maintenance district. If city council determines it is not desirable to continue maintenance district, such district may be dissolved in accordance with RMC section 12.28.060. In such event, an association for a common-interest community must be formed within six months by petitioner(s) or the owners that are subject to assessment to maintain landscaping, public lighting, and security wall in lieu of a maintenance district under NRS 278.4787. The association shall take ownership of the previously dedicated property, if any, and shall assume responsibility for the maintenance thereof. During this six-month transition period, the owners of maintenance district property shall continue to pay the assessment amount and the city shall continue maintaining the improvements. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.970 Administrative decisions.

Sec. 12.28.970. - Administrative decisions. All decisions and determinations of the administrator may be done without public hearing and shall be filed with the city clerk. A decision of the administrator shall become final on the date of mailing of such decision to: (1) petitioner(s) at the address designated in the petition, and (2) owner(s) of property subject to assessment, if any, to the property address for the assessment unit on the latest assessor's ownership maps. Notice shall be sufficient when mailed to the last known addresses of such real property owners as indicated by the latest assessor's records. Personal service, on petitioner(s) or owner(s) of property subject to assessment amounts, may substitute for service by mail. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.975 Noncompliance.

Sec. 12.28.975. - Noncompliance. (a) A petitioner must comply with all provisions of this chapter and applicable laws and policies and procedures established for maintenance districts. If petitioner fails to comply therewith, petitioner's petition shall be deemed withdrawn. Further, if a petition is deemed incomplete, petitioner shall have 30 days after being provided written notice of the deficiency to correct it. If the petition is not corrected within this time period, it shall be deemed withdrawn. Once a petition is deemed withdrawn, petitioner must again submit a petition and again pay any applicable fees. (b) Owners of assessment units must pay the assessment amounts levied in accordance with this chapter. If there is nonpayment, the remedy set forth in section 12.28.935 is not exclusive. Any violation of the provisions of this article also shall be subject to the provisions set forth in Chapter 1.05 of the Reno Municipal Code. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.980 Appeal of administrative decisions.

Sec. 12.28.980. - Appeal of administrative decisions. The procedures for appeal of an administrative decision to city council are as follows: (1) Within ten days after service of the decision of the administrator, petitioner or owner(s) of property subject to assessment or other aggrieved person may appeal the decision to city council. Forms for such appeals shall be provided by the city clerk and the completed form shall be filed with, and the applicable fee paid to, the city clerk. Any person failing to timely file a notice of appeal to the city council shall be deemed to have waived any and all objections to the decision of the administrator. (2) The written appeal shall contain, as applicable: a. Identification of the subject property; b. The name and addresses of all appellants; c. A statement of each appellant's legal interest in the subject property; d. A statement in reasonable detail of the specific determination protested and the grounds for the appeal, together with all materials in support thereof; e. The date and signatures of any appellants; and f. A verification by the appellant as to the truth of the matters stated in the appeal. (3) The city clerk shall set a hearing of the appeal before city council within thirty days after the appeal is filed with the city clerk . (4) The city clerk shall serve notice of the appeal hearing upon the appellant(s), applicant, and owners of property subject to assessment, if any, by mailing a notice as set forth in RMC 12.28.970. (5) The city council may affirm, reverse or modify the terms of the decision of the administrator and shall conduct the review utilizing the factors set for in RMC 12.28.925 and RMC 12.28.930, as applicable. (Ord. No. 5351, § 1, 6-11-02)

Reno Administrative Code § 12.28.985 Severability.

Sec. 12.28.985. - Severability. Should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid. (Ord. No. 5351, § 1, 6-11-02)

Source: City of Reno, Nevada, Administrative Code, City Charter and Annexation and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/nv/reno/codes/administrative_code?nodeId=PT2READCO_TIT12PUWOUT_CH12.28MADILAPULISEWA_ARTIXADMADIFetched: 11/1/2026