8.75.050 - Abatement Cost, Penalties and Fees—Appeals.
A. Initial Appeal to the Code Enforcement Division.
1. A person may initiate an appeal pursuant to Section 8.70.060.3. by appealing to the Code Enforcement Division. The appellant shall pay the fee listed in the fee schedule in Section 8.70.020 and submit the appeal on a form provided by the Code Enforcement Division. The form shall require the appellant to indicate, among other things, his/her name, current address, a reference to the abatement action, civil citations, penalties, fees, and the grounds for the appeal.
2. An appeal made under this section shall be decided administratively by the Code Enforcement Manager or designee based on a review of the enforcement case file, abatement, the circumstances surrounding the abatement action, and any grounds or evidence provided by the appellant. The Code Enforcement Manager or designee may decide in favor of the appellant by finding no liability, or finding liability and imposing cost recovery for the abatement and a fine in an amount less than that set forth in this title.
3. Notwithstanding any other provision of this chapter, the Code Enforcement Manager or designee has the discretion, but is under no obligation, to decide in favor of a particular appellant by finding no liability, finding liability and imposing cost recovery for the abatement and a fine less than that set forth in this title, waiving late fees and penalties otherwise accruing, or converting civil citations, penalties or fees to a warning upon a determination that considering all the circumstances, unfairness would otherwise result.
4. Notice of the decision made by the Code Enforcement Manager or designee in connection to an appeal made under this section shall be provided to the appellant by:
a. Mailing such notice to the appellant at the address provided by the appellant; and
b. Sending such notice to the appellant by electronic mail, if the appellant has requested communication by means of electronic mail.
5. Within five days after notice of a decision has been provided pursuant to subsection A.4. of this section, the appellant must:
a. Pay or cause to be paid in full all abatement costs, civil citations, penalties or fees remaining to be paid;
b. Arrange a payment with the Code Enforcement Division for the abatement costs, fines and penalties owed and the payment scheduling fee listed in the fee schedule in Section 8.70.020; or
c. Request an escalated appeal hearing in accordance with Section 8.75.050.B.
B. Escalated Appeal to Independent Hearing Officer.
1. An appeal made pursuant to Section 8.75.050.A. which is denied may be appealed to and heard by an independent hearing officer. A person may initiate an independent appeal under this section by:
a. Contacting the office of the Code Enforcement Division within the five-day period referred to in Section 8.75.050.A.5. and requesting an independent appeal hearing;
b. Paying the associated fee listed in the fee schedule in Section 8.70.020; and
c. Receiving a date for hearing the appeal.
2. An appeal under this subsection may be filed by or on behalf of the registered owner of the property that is subject to the civil citations, penalties, abatement costs or fees owed.
3. The appellant shall provide all information the Code Enforcement Division may require. A hearing shall be conducted by a designated hearing officer provided by the City as set forth in Section 8.75.050.B.4. The appellant shall be bound by the decision of the hearing officer concerning liability for the infraction(s) and responsibility for the penalties thereon. It is expected that the appellant will appear in person or by representative at the hearing. However, at the hearing officer's discretion, a hearing may be held, and the appeal decided, without an appearance by the appellant. If any appellant scheduling a hearing before the hearing officer fails to appear at such hearing without having first sought and obtained a continuance of such hearing, the hearing officer may enter a decision against the appellant for the full amount of fines and penalties scheduled to be reviewed. In connection with the request for a hearing, the appellant must acknowledge the binding nature of the hearing and the hearing officer's authority in the event the appellant fails to appear at the hearing. The acknowledgment shall be in substantially the following form:
I ___________, hereby request a binding hearing before the Hearing Officer. My address is __________________. I request that this hearing involve code enforcement case number(s) ___________, including the associated penalties and fees. I understand that the Hearing Officer is an attorney and not an elected or appointed judge.
I understand that I am bound by the decision of the Hearing Officer. I understand that I am expected to appear in person or by representative at the requested hearing, but that the hearing may be held, and the appeal decided, without such appearance. I understand that if I fail to appear for the scheduled hearing before the Hearing Officer without first obtaining a continuance of such hearing, the Hearing Officer may enter a decision against me for the full amount of the fees and penalties scheduled to be reviewed. I understand and agree that if necessary due to my lack of timely payment, the City of North Las Vegas can and will use this binding decision to have a formal civil judgment entered against me in the North Las Vegas Municipal or Justice Courts, as appropriate.
I understand that if a civil judgment is obtained, the City of North Las Vegas may seek and obtain a writ of execution against me. I understand that if a writ of execution is obtained, my wages and/or bank accounts may be garnished and liens may be put on my property.
Knowing all the above, I still wish to request a binding hearing before the Hearing Officer on the above-described civil citation(s). I hereby acknowledge the above and further acknowledge that at my request a hearing has been set for on the _____ day of the month of ___________, in the year ___, at the hour of ___ a.m./p.m.
Appellant
4. Any appeal hearing conducted pursuant to this subsection shall be presided over by a hearing officer who shall be an attorney licensed to practice law in the State of Nevada.
5. The hearing officer may decide in favor of the appellant by finding no liability, may find liability but impose a fine in an amount less than that set forth in this title, or may waive late fees and penalties for any one or more of the reasons set forth in Sections 8.75.050.A.2—A.3.
6. The appellant shall pay the total abatement costs, civil fines and penalties forthwith or at such times and on such conditions as the hearing officer shall prescribe if it is found that the person has either failed to appear or otherwise defend against the issuance of the civil citation, or that the infraction has been committed and no applicable defense exists. If the appellant fails to pay in accordance with the times and conditions of the hearing officer's decision and any amount due remains unpaid thirty (30) days after the date due, all amounts outstanding shall be deemed delinquent, including unpaid portions of the original fine amount and any associated penalties. The City shall have the right to collect such amounts by any means set forth in this chapter or otherwise available under law.
7. Upon reaching a decision, the hearing officer shall, as soon as practicable thereafter, file a written decision substantially conforming to the following form:
___________, Appellant vs. City of North Las Vegas, Nevada, Code Enforcement Division, Respondent. Before, ___________, Hearing Officer for the City of North Las Vegas, decision is entered in favor of (Appellant or Code Enforcement Division ) for _____ (enter $0.00 if judgment is for the Appellant), on the _____ day of the month of ___________, in the year ___. I certify that the foregoing is a correct reflection of the decision entered in the action properly brought for my consideration pursuant to North Las Vegas Municipal Code Section 8.75.050.B.
Hearing Officer
8. The City Attorney may petition the North Las Vegas Municipal Court or North Las Vegas Justice Court, as appropriate, for the entry of a civil judgment against the appellant in an amount equal to that stated in the written decision of the hearing officer if the City Attorney determines this action to be necessary to enforce such decision. Service of such petition on the defendant must be made by certified mail, return receipt requested, restricted delivery, addressed to the registered owner of the property at his last known address and as indicated by the County Assessor's records. An affidavit or declaration of mailing, a signed, returned receipt, or other evidence of service shall be filed upon such service of the petition. Once a petition for civil judgment pursuant to this subsection B.8. has been filed with the North Las Vegas Municipal Court or North Las Vegas Justice Court, the assigned judge has jurisdiction to grant or deny the relief prayed for therein.
C. If a person fails to respond to any abatement costs, civil citations, penalties or fees or a notice of delinquency in accordance with this chapter, the Code Enforcement Division is entitled to collect the amount of any fines and penalties by means of any remedy available under applicable law, including the placement of a special assessment against the property upon which the condition is located. The special assessment shall be collected pursuant to the provisions set forth in NRS 268.4122(5).
(Ord. No. 3020, § 1, 5-6-2020)
