MAINTENANCE DISTRICT 2

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

in effect

Reno Administrative Code § 12.28.500 Definitions.

Sec. 12.28.500. - Definitions. (a) Assessment amount: The monetary amount levied against each assessment unit as an assessment for any given assessment period. (b) Acceptance date: The date upon which the city accepts a dedication of the parcels of real property upon which the improvements are located as provided in section 12.28.515(b) of this article. (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 Maintenance District 2 Property and upon which a single-family dwelling may be constructed, whether such dwelling has been constructed or not. (e) Maintenance District 2 Property: That certain real property located in the City of Reno, County of Washoe, State of Nevada, more particularly described in Exhibit "A," as expanded by Exhibit "A1," attached hereto and made a part hereof by this reference, together with such other real property as may be added to Maintenance District 2 from time to time pursuant to section 12.28.535 of this article. (f) Improvements: Those improvements from time to time constructed and located within the Maintenance District 2 Property pursuant to the landscape plan. (g) Landscape maintenance standards: Those landscape maintenance standards for the improvements as set forth in Exhibit "B" attached hereto and made a part hereof by this reference. (h) Landscape plan: The landscape plan set forth in Exhibit "C," as modified by Exhibit "C1," attached hereto and made a part hereof by this reference. (i) Maintenance District 2: The maintenance district created, formed and established pursuant to this article. (j) Petitioner: Petitioner is specifically identified above by name in the recitals, and includes all of its respective heirs, partners, representative, successors and assigns, as applicable. 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. (Ord. No. 5212, § 1, 12-12-00; Ord. No. 5234, § 1, 4-10-01)

Reno Administrative Code § 12.28.505 Establishment of Maintenance District 2.

Sec. 12.28.505. - Establishment of Maintenance District 2. In accordance with RMC Sections 12.28.010 through 12.28.120, inclusive, a maintenance district is hereby created and formed and established for the Maintenance District 2 property and each assessment unit presently or hereafter created therein. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.510 Assessments.

Sec. 12.28.510. - Assessments. (a) The assessment amount for each assessment unit shall be in the amount of $243.23 for each assessment period; subject, however, to an annual adjustment in accordance with this section. Each assessment amount includes, and shall continue to include, both an allocation for the city's annual cost for maintenance with respect to Maintenance District 2 and for the city's administrative, overhead, and ownership costs and expenses attributable to Maintenance District 2 for the applicable assessment period. The assessment amount has been, and shall continue to be, further adjusted in accordance with the city's contribution set forth in section 12.28.520. The assessment amounts shall be further adjusted annually in accordance with this subparagraph (a) for the next assessment period. (b) Assessment amounts shall be payable on or before the 60th day from and after the day the city mails to the owner of the assessment unit a bill for the assessment amount to the same address for the owner of such 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 on 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. (Ord. No. 5212, § 1, 12-12-00; Ord. No. 5234, § 1, 4-10-01)

Reno Administrative Code § 12.28.515 Improvements.

Sec. 12.28.515. - Improvements. (a) The improvements shall be installed by petitioner in accordance with the landscape plan in a good and workmanlike, lien free manner on or before July 1 of the second year after the issuance of the grading permit. No later than the first reading of this article, 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 pursuant to this subparagraph (a). (b) The city will accept a restricted dedication of the legal parcels of real property on which the improvements are located at such time as the improvements have been installed as required pursuant to subparagraph (a) immediately above. (c) No later than the first reading of this article, petitioner shall provide to the city an easement for access and maintenance to the Maintenance District 2 property across the real property in Maintenance District 2. (d) The city shall undertake or cause to be undertaken the maintenance of the improvements consistent with the levels and standards set forth in Exhibit "B" attached hereto upon the city's acceptance of the dedication provided for in subparagraph (b) immediately above. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.520 Public benefit.

Sec. 12.28.520. - Public benefit. The city council hereby determines there is a small amount by which the public interest will be especially benefitted from the maintenance of the improvements. Accordingly, the city has reduced the direct costs included in the calculation of the assessment amounts by ten percent to maintain the improvements. The city recognizes that the loss of tax revenue will result by the acceptance of dedicated lands. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.525 City lien rights.

Sec. 12.28.525. - City lien rights. Once levied, the 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. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.530 Exculpation.

Sec. 12.28.530. - 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 2 undertaken by the city pursuant to this article. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.535 Expansion of Maintenance District 2.

Sec. 12.28.535. - Expansion of Maintenance District 2. Upon the filing of a petition and by appropriate amendment to this article after the city council has made the findings pursuant to RMC Section 12.28.050, Maintenance District 2 may be expanded to include future phases of the subdivision for which the instant petition has been presented. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.540 Recorded notice of Maintenance District 2.

Sec. 12.28.540. - Recorded notice of Maintenance District 2. Concurrently with the recording of the final subdivision map for the Maintenance District 2 property, there shall be recorded against the Maintenance District 2 property a notice of the inclusion of the Maintenance District 2 property in Maintenance District 2, with a true and accurate copy of this article attached thereto. Such notice shall be in such form and content so as to encumber the Maintenance District 2 property and run with the title thereto. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.545 Review of continuation of Maintenance District 2.

Sec. 12.28.545. - Review of continuation of Maintenance District 2. Not more than once every three years and upon notice to the owners of Maintenance District 2 property, the city or at least 50 percent of the property owners of Maintenance District 2 property may request a public hearing to review and determine whether it is desirable to continue Maintenance District 2 in accordance with RMC Section 12.28.050. If the city determines it is not desirable to continue Maintenance District 2, such district may be dissolved in accordance with RMC Section 12.28.060. In such event, the owners, or portion thereof as necessary, of Maintenance District 2 property shall within six months form a homeowners' association to take ownership of the previously dedicated property and assume responsibility for the maintenance thereof. During this six-month transition period, the owners of Maintenance District 2 property shall continue to pay the assessment amount and the city shall continue maintaining the improvements. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.550 Severability.

Sec. 12.28.550. - Severability. Should any section, clause or provision of this article be declared by a court of competent jurisdiction to be unconstitutional or invalid, that decision shall not affect the validity of the article as a whole or any part thereof other than the part declared to be unconstitutional or invalid; provided, however, and notwithstanding the foregoing to the contrary, should any clause or provision of this article be declared to be unconstitutional, and the result thereof is to prohibit the city from levying and collecting assessment amounts as provided in this article, then this article shall be deemed null and void and of no further force or effect, unless and until the city by further ordinance duly adopted amends this article in a manner acceptable to the city for the purpose of reestablishing a method for the levying and collection of assessment amounts. (Ord. No. 5212, § 1, 12-12-00)

Reno Administrative Code § 12.28.555 Effective date of article.

Sec. 12.28.555. - Effective date of article. This article shall be effective upon passage; provided, however, that the city shall have no obligation to undertake any maintenance or assessment billing obligations hereunder until the acceptance date. Until the acceptance date, petitioner shall bear all responsibility for the maintenance and upkeep of the improvements. (Ord. No. 5212, § 1, 12-12-00)

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_ARTVMADI2Fetched: 11/1/2026