ALTERNATIVE TO CRIMINAL PROSECUTION

Henderson Municipal Code tit. 4, ch. 4.07

in effect

Henderson Municipal Code § 4.07.010 Generally.

4.07.010 - Generally. As an alternative to criminal prosecution for a violation of any provision of title 4, the city may impose a civil penalty in accordance with the provision of this chapter. (Ord. No. 3303, § 1, 10-20-2015)

Henderson Municipal Code § 4.07.020 Notice of violation—Required information.

4.07.020 - Notice of violation—Required information. A. A civil penalty under this chapter shall be imposed by the issuance of a notice of violation by the city. The notice of violation must contain, at a minimum, the following information: 1. The name and address (if known) of the person or entity responsible for the violation; 2. A brief description of the violation and a reference to the applicable ordinance or code citation(s); 3. The location, date and time of the violation; 4. The name of the person issuing the notice of violation; 5. The amount of the civil penalty; and 6. Information advising of the manner and time for responding to the notice of violation. B. No error concerning, or omission of, any of the above-described information is grounds for the dismissal of a proceeding relating to a notice of violation unless the person requesting the dismissal demonstrates substantial prejudice from the error and/or omission. C. Where the notice of violation data is entered into and stored in a computer or similar device, any printout or other output readable by sight that accurately reflects such data is an original notice of violation for purposes of a proceeding under this chapter. Any such data entry that is moved or copied into another computer or similar device is intended to constitute an additional or replacement of the record of the data by the issuing officer or employee and is also an original notice of violation for purposes of a proceeding under this chapter. D. Any notice of violation issued pursuant to this chapter shall constitute a declaration which is subject to the penalty of perjury. (Ord. No. 3303, § 1, 10-20-2015)

Henderson Municipal Code § 4.07.030 Notice of violation—Issuance.

4.07.030 - Notice of violation—Issuance. The notice of violation may be issued by any peace officer or by any authorized officer or employee of the division. (Ord. No. 3303, § 1, 10-20-2015)

Henderson Municipal Code § 4.07.040 Notice of violation—Filing.

4.07.040 - Notice of violation—Filing. An original notice of violation, or a facsimile thereof, must be filed with and retained by the business operations division. A notice of violation is prima facie evidence of the facts which are alleged therein. The notice of violation must be served on the person responsible for the violation or, in the case of an entity, an officer, key employee, manager in charge, or registered agent of that entity. A notice of violation may be served on the person responsible for the violation either personally or by registered or certified mail, return receipt requested, at the address on file with the division. (Ord. No. 3303, § 1, 10-20-2015)

Henderson Municipal Code § 4.07.050 Notice of violation—Response—Hearings.

4.07.050 - Notice of violation—Response—Hearings. A. The individual or licensee, referred to herein as the "person" per section 4.04.010, cited must respond to a notice of violation within the time prescribed by section 4.07.060 of this chapter in one of the following ways: 1. Admit responsibility for the commission of the violation and liability by paying the amount of the civil penalty; or 2. Appeal the notice of violation, or civil penalty by submitting a written request for an administrative hearing to the division. The request for hearing must contain the following information: a. The name of the person on the notice of violation; b. The current address and contact telephone number of the person; c. The notice(s) of violation(s) which the person wishes to dispute at the hearing; d. The basis or facts supporting the appeal; and e. The requested relief. B. After receipt of a person's written request for a hearing, the division shall set a hearing date and provide notice of the hearing to the person requesting it at least 14 days before the date of the hearing, unless a shorter time period is agreed to in writing by the division and the individual. The notice shall state the date, time, and location of the hearing, and shall include a short explanation of the hearing process. C. The business operations manager of the department, or authorized designee (the "presiding officer"), shall preside over hearings conducted pursuant to this chapter except under the following circumstances: 1. If the city attorney initiates a disciplinary action for suspension or revocation of a business license, an appeal hearing under this chapter may be held in conjunction with the disciplinary action hearing, presided over by a hearing officer appointed pursuant to chapter 4.06; 2. If the business operations manager determines that the circumstances so warrant, the business operations manager may refer an appeal under this chapter to the city manager's office. Upon receiving a referral, the city manager may appoint an assistant city manager or the director (or designee) of another city department as the presiding officer for the referred appeal hearing. D. The presiding officer shall conduct the hearing, direct the order of the proceedings, and hear all evidence presented relevant to the subject notice of violation and appeal. The hearing shall be conducted informally and shall not be constrained by evidentiary or procedural rules applicable to public hearings or judicial proceedings. The hearing shall provide an opportunity for the parties to present witness statements or testimony and other evidence regarding the subject notice of violation for the purpose of dispensing a fair and speedy resolution. The presiding officer may question witnesses, allow rebuttal testimony, limit the time of the hearing to a reasonable length, limit the presentation of immaterial or unduly repetitious evidence, and record the hearing. E. If the person requesting a hearing fails to appear at the hearing without having first sought and obtained a continuance of the hearing, the presiding officer may enter a decision upholding the violation and the full amount of the civil penalty scheduled to be reviewed. The burden of proving any defense shall be upon the person raising such defense. F. Upon the conclusion of the hearing, the presiding officer shall consider all evidence presented and shall issue a decision to uphold, reverse, or modify the disputed violation and/or citation. Written notice of the decision shall be issued no later than 30 days following the conclusion of the hearing. The decision shall clearly state one of the following: 1. That the notice of violation is upheld, including a short statement of findings explaining the basis for the decision, and providing a deadline and any conditions for the payment of any civil penalty; 2. That the notice of violation is reversed, including a short statement of findings explaining the basis for the decision; or 3. That the notice of violation and/or penalties are modified, including a short statement of findings explaining the basis for the decision, and providing a deadline and any conditions for any modified compliance obligations and payments of any civil penalty. G. Any decision by the presiding officer pursuant to this chapter shall be a final determination. H. The city attorney may file a petition in a court of competent jurisdiction, including the Henderson municipal court for the entry of a civil judgment against the person in an amount equal to that stated in the written decision if the city attorney determines this action to be necessary to enforce the decision. Service of such petition on the defendant must be made by certified mail, return receipt requested, restricted delivery, addressed to the defendant at the defendant's last known address, or in any other manner which is authorized by law. An affidavit or declaration of mailing, a signed, returned receipt, or other evidence of service of the civil judgment shall be filed upon such service of the petition. (Ord. No. 3936, § 1, 1-3-2022; Ord. No. 3303, § 1, 10-20-2015)

Henderson Municipal Code § 4.07.060 Notice of violation—Response period.

4.07.060 - Notice of violation—Response period. A. A response to a notice of violation, as provided in section 4.07.050, must be made within 30 calendar days after the date on which the notice of violation is served. If no response is received during such 30-day period, an additional civil penalty which is equal to the amount of the original civil fine may be assessed. B. If a person does not respond to a notice of violation within the 30-day response period, the director, or an authorized designee, shall send a notice of delinquency by mail to the person responsible for the violation or, in the case of an entity, an officer, key employee, manager in charge, or registered agent of that entity at the address on file with the division. C. The notice of delinquency shall contain the original date of the violation, the amount of the civil fine and the amount of any late penalty which is associated therewith. The person responsible for the violation or, in the case of an entity, an officer, key employee, manager in charge, or registered agent of that entity has 15 calendar days after the date of the notice of delinquency in which to respond to the division. If no response is made to the notice of delinquency within such additional 15-day period, an additional civil penalty may be assessed equal to the original civil penalty imposed and the matter may be referred to the city attorney's office to initiate proceedings to suspend and/or revoke the business license or permit. D. If a person fails to respond to a notice of violation or a notice of delinquency in accordance with this chapter, the city is entitled to collect the amount of any fines and penalties by means of any remedy available under applicable law, including without limitation referring the matter to a collection agency and initiating proceedings to suspend and/or revoke the person's business license or permit. E. If a person fails to respond to the notice of violation or a notice of delinquency and the violation continues to exist, said action shall be considered a public nuisance as described in section 4.07.080 and the city may seek injunctive relief pursuant to section 1.05.040. (Ord. No. 3303, § 1, 10-20-2015)

Henderson Municipal Code § 4.07.070 Collection fees.

4.07.070 - Collection fees. In addition to the civil penalties assessed pursuant to this chapter, the person responsible for any violation shall be liable for an additional collection fee where the collection of the penalties provided for herein is referred for collection. The amount of such fee shall be 25 percent of the outstanding indebtedness or $250.00, whichever is less. The amount of any such collection fee shall accrue and become due and payable at the time the indebtedness is referred for collection to the collection agency, and that amount may be added by the collection agency to the amount sought to be collected. Any judgment or amended judgment entered under this chapter may include the amount of the collection fee authorized herein. (Ord. No. 3303, § 1, 10-20-2015)

Henderson Municipal Code § 4.07.080 Public nuisance abatement.

4.07.080 - Public nuisance abatement. Any continuous violation of title 4 is a threat to the public health, safety, and morals and constitutes a public nuisance to the general public. In addition to any civil penalties provided herein, the city may abate the nuisance or apply for other equitable relief pursuant to HMC 1.05.040. (Ord. No. 3303, § 1, 10-20-2015)

Source: City of Henderson, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/henderson/codes/code_of_ordinances?nodeId=TIT4BURELI_CH4.07ALCRPRFetched: 11/1/2026