12.28.050 - City's Determination to Form a Maintenance District.
A. In determining if it is desirable to assume the maintenance of the proposed improvements, the City Council shall make the following findings:
1. Assumption of the maintenance of the proposed improvements will not create an unreasonable burden of administration;
2. Assumption of the maintenance of the proposed improvements and/or submitted plan is consistent with the City's Master Plan;
3. The proposed landscaping, hardscape, parks, open space, public lighting, and/or security wall plan are compatible with the character of the area in which they are located;
4. Maintenance of the proposed improvements will not be injurious to the health, safety, and general welfare of the community;
5. The proposed maintenance district would be in the best public interest; and
6. The petition and application materials for the proposed maintenance district are complete.
B. If the City Council makes a determination that it is desirable to assume the maintenance of the proposed improvements, the City Council shall form a maintenance assessment district by ordinance. For each district the City shall include:
1. A description of all tracts within the district in accordance with the applicant's petition;
2. The assessment amount for each tract or unit on a periodic basis;
3. The time of payment of the assessment;
4. A description of the improvements to be maintained and levels and standards to which the improvements will be maintained;
5. The amount by which the public interest will benefit from the maintenance of improvements and the amount the City will contribute to maintain improvements within the district proportional to the public benefit;
6. The portion of the assessment due to the City for expenses associated with the administration of the district; and
7. Any other relevant matters; including, without limitation, matters relating to the ownership of the improvements and the land on which the improvements are located, and any exposure to liability associated with the maintenance of the improvements.
C. The following requirements apply to newly created maintenance districts:
1. The assessment constitutes a lien upon the tracts of land or residential units thereon, and shall be executed and has the same priority, as a lien for property taxes;
2. If the City Council requires an owner of land to dedicate a tract of land as a trail identified in the recreation plan of the City adopted pursuant to paragraph (j) of subsection 1 of NRS 278.160, the City shall:
a. Accept ownership of the tract; and
b. Assume maintenance of the tract and any other improvement located on the tract.
3. A maintenance district may be created at the time a final subdivision map is approved. Assessments shall not be effective until the City's acceptance of the improvements for maintenance; and
4. The City shall record, in the office of the Clark County Recorder, a notice of the creation of the maintenance district or unit of assessment that is sufficient to advise the owners of the tracts of land or residential units are subject to the assessment. The costs of recording the notice shall be paid by the petitioner.
(Ord. 1543 § 1 (part), 2001)
