Chapter 1.12
CODE ENFORCEMENTlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536
1.12.010: PURPOSE; CONFLICTS; DEFINITIONS:
1.12.010.1: PURPOSE:
1.12.010.2: CONFLICTS OF ORDINANCES:
1.12.010.3: DEFINITIONS:
1.12.020: AUTHORITY OF ENFORCEMENT OFFICIAL:
1.12.020.1: ADMINISTRATIVE ENFORCEMENT AUTHORITY:
1.12.020.2: AUTHORITY TO INSPECT:
1.12.020.3: SERVICE OF NOTICES:
1.12.030: PROCEDURE FOR ADMINISTRATIVE ENFORCEMENT:
1.12.030.1: RECOVERY OF ADMINISTRATIVE FEES, GENERAL:
1.12.030.2: NOTIFICATION OF ASSESSMENT OF ADMINISTRATIVE FEES:
1.12.030.3: NOTICE OF VIOLATION; PROCEDURES:
1.12.030.4: RECORDING NOTICES OF VIOLATION; PURPOSE:
1.12.030.5: PROCEDURES FOR RECORDING NOTICES OF VIOLATION:
1.12.030.6: NOTICE OF COMPLIANCE:
1.12.030.7: ADMINISTRATIVE CITATIONS AND FINES; AUTHORITY:
1.12.030.8: ADMINISTRATIVE CITATIONS; PROCEDURES:
1.12.030.9: CONTENTS OF ADMINISTRATIVE CITATIONS:
1.12.030.10: SPECIAL PROCEDURE FOR VIOLATIONS OF CONDITIONS OF USE PERMITS OR PROCEDURES RELATING THERETO:
1.12.040: ABATEMENTS AND ADMINISTRATIVE PROCEDURES:
1.12.040.1: PURPOSE:
1.12.040.2: ADMINISTRATIVE REMEDIES:
1.12.040.3: AUTHORITY:
1.12.040.4: NOTICE TO ABATE; GENERAL PROCEDURES:
1.12.040.5: ABATEMENT BY THE COUNTY:
1.12.040.6: SUMMARY ABATEMENT, GENERAL PROVISIONS:
1.12.040.7: SUMMARY ABATEMENT; PROCEDURES:
1.12.050: FINES AND FEES:
1.12.050.1: FINES FOR ADMINISTRATIVE CITATIONS:
1.12.050.2: AMOUNT OF ADMINISTRATIVE FEES:
1.12.060: ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW:
1.12.060.1: APPOINTMENT OF HEARING OFFICER:
1.12.060.2: QUALIFICATION AND DISQUALIFICATION OF HEARING OFFICER:
1.12.060.3: POWERS OF HEARING OFFICER:
1.12.060.4: FAILURE TO OBEY SUBPOENA:
1.12.060.5: PROCEDURES FOR REQUESTING AN ADMINISTRATIVE HEARING:
1.12.060.6: NOTICE OF ADMINISTRATIVE HEARING:
1.12.060.7: PROCEDURE AT ADMINISTRATIVE HEARINGS:
1.12.060.8: STANDARD OF PROOF:
1.12.060.9: RIGHT TO REPRESENTATION:
1.12.060.10: FAILURE TO ATTEND ADMINISTRATIVE HEARING:
1.12.060.11: COMPLIANCE WITH ADMINISTRATIVE ORDER:
1.12.060.12: FAILURE TO COMPLY WITH THE ADMINISTRATIVE ORDER; MISDEMEANOR:
1.12.060.13: APPEALS OF ADMINISTRATIVE ORDER AND JUDICIAL REVIEW:
1.12.060.14: TIME LIMITS FOR REPAIR, CORRECTION, OR ABATEMENT AFTER APPEAL:
1.12.060.15: EXTENSION OF TIME; COURT ORDER:
1.12.070: COLLECTION OF FINES AND FEES:
1.12.070.1: COLLECTION OF ADMINISTRATIVE FINES AND FEES:
1.12.070.2: PROHIBITION AGAINST ISSUANCE OF COUNTY PERMITS:
1.12.070.3: PROCEDURES FOR RECORDING CODE ENFORCEMENT LIEN:
1.12.070.4: NOTICE OF SATISFACTION OF CODE ENFORCEMENT LIEN:

1.12.010: PURPOSE; CONFLICTS; DEFINITIONS:linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861988
1.12.010.1: PURPOSE:linklink

The board of county commissioners (hereinafter referred to as "the board") finds that the enforcement of the Churchill County code ("this code") throughout Churchill County, Nevada, is an important public service and enforcement of this code is vital to the protection of the public's health, safety and welfare. The board finds that enforcement starts with the implementation of regulations that can be applied fairly and evenly in administrative enforcement hearings and appeals before the board. The board further finds that a comprehensive code enforcement system requires a variety of administrative remedies for the effective enforcement of violations of this code. The procedures established in this chapter shall be in addition to any civil or any other legal remedy established by law which may be pursued to address violations of this code.

The board also finds that there is a need to establish uniform procedures for administrative enforcement hearings conducted pursuant to this code. It is the purpose and intent of the board to establish uniform minimum procedural requirements for administrative enforcement and adjudication procedures for this code, and to provide for an administrative hearing and appeal process. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861989
1.12.010.2: CONFLICTS OF ORDINANCES:linklink


A. The operation of this chapter shall in no way change or diminish the application of other ordinances in this code dealing with like or similar matters.


B. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire safety or health ordinance or section of this code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.


C. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed, or other private agreement except those specifically repealed by this chapter. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861990
1.12.010.3: DEFINITIONS:linklink

As used in this chapter, unless the context otherwise requires, the words and terms defined herein have the meanings ascribed to them as follows:

BUSINESS DAY: Each day the county is open to conduct business excluding Saturdays, Sundays and holidays designated as legal holidays for the state of Nevada pursuant to Nevada Revised Statutes 236.015.

ENFORCEMENT OFFICIAL: The sheriff, fire chief, code enforcement officer and building officials or their authorized designees.

HEARING OFFICER: Any person or persons appointed by the board to conduct any hearing or proceeding under the provisions of this chapter, including, without limitation, the administration of oaths, the receipt of evidence, and the entry of findings of fact and law.

RESPONSIBLE PERSON: An owner, tenant, occupant, lessor, manager, licensee, or other person having control over a structure or parcel of land, or the parent or legal guardian of any person under eighteen (18) years who has done any act for which a penalty may be imposed under this chapter, or any other person required to comply with the provisions of this code and, in the case where the demolition of a structure is suggested as a means of abatement, any other lienholder, secured party, or other person who has properly recorded a security interest or other appropriate document evidencing an interest in the property, which has been recorded in the official records of Churchill County. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861991
1.12.020: AUTHORITY OF ENFORCEMENT OFFICIAL:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861992
1.12.020.1: ADMINISTRATIVE ENFORCEMENT AUTHORITY:linklink


A. The enforcement official shall have the authority and powers necessary to determine whether an administrative violation of this code exists and the authority to take appropriate action to gain compliance with the provisions of this code. The enforcement official shall further have authority to issue notices of violation, administrative citations, notices and orders, the power to inspect public and private property and use the administrative remedies which are available under this code.


B. The Churchill County code enforcement officer is responsible for the enforcement of all provisions of this code except where any other entity of county government or law enforcement has been expressly deemed exclusively responsible for such enforcement activity. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861993
1.12.020.2: AUTHORITY TO INSPECT:linklink

An enforcement official is authorized to enter upon any property or premises after a complaint has been filed or a case has been opened to ascertain if there is compliance with the provisions of this code, and to make any investigations, examinations and surveys as may be necessary in the performance of their enforcement duties. This may include, but is not limited to, taking of photographs, samples or other physical evidence such as the use of a sound level measurement device to measure noise disturbances. The enforcement official may enter upon any premises at any reasonable time for the purpose of carrying out duties of enforcement of this code. Entry may be made when the responsible person is not present solely for the purpose of carrying out the duties of the enforcement official in determining if a violation exists and the extent of the violation of the code. In the event that the owner or occupant of any premises located within the county refuses to permit entry to the enforcement official when such entry is sought pursuant to this section, the enforcement official may seek entry through any legal means including, without limitation, making application to any court of competent jurisdiction for issuance of a warrant. Such sworn application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The applicant shall state the facts giving rise to the belief that a condition which is in violation of this code exists on such premises, or that a violation in fact exists and must be corrected or abated. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861994
1.12.020.3: SERVICE OF NOTICES:linklink

Whenever a notice is required to be given under this code for enforcement purposes unless specifically provided otherwise, it shall be served by any of the following methods:


A. Personal service;


B. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or


C. Posting the notice conspicuously on or in front of the property, business, or other place reasonably calculated to provide notice to the responsible person of a violation of this code.

Service of a notice by any of the above methods shall be effective on the date of mailing or posting, as applicable. The failure of any responsible person to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861995
1.12.030: PROCEDURE FOR ADMINISTRATIVE ENFORCEMENT:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861996
1.12.030.1: RECOVERY OF ADMINISTRATIVE FEES, GENERAL:linklink

The board finds there is a need to recover costs incurred by the county, through an administrative fee schedule, in its code enforcement efforts. Administrative fees include time spent by county personnel and costs incurred in the investigation, inspection, reinspection, recording of notices, title search, and any other processing costs associated with the violations specified on the notice or administrative citation. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861997
1.12.030.2: NOTIFICATION OF ASSESSMENT OF ADMINISTRATIVE FEES:linklink


A. Where the assessment of an administrative fee is authorized under this chapter, the enforcement official shall provide the responsible person with a written notice assessing the fee. The written assessment shall contain the following information:

1. The amount of fee charged;

2. The case number;

3. The corresponding dates when reinspection took place; and

4. A deadline by which the administrative fee must be paid.


B. An administrative fee may be assessed as part of any administrative enforcement action as provided for in this chapter.


C. An administrative fee collected pursuant to this chapter shall not be duplicated in any other action to recover these identical fees.


D. The failure of any responsible person to receive notice of the administrative fees shall not affect the validity of any fees imposed under this chapter. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861998
1.12.030.3: NOTICE OF VIOLATION; PROCEDURES:linklink

Whenever it is determined that a violation of this code exists, the enforcement official may issue a notice of violation to the responsible person. The notice of violation shall be served upon the responsible person as provided for in this chapter. The notice of violation shall include the following information:


A. The name and address of the responsible person in violation. If the notice pertains to events occurring on or the status or condition of property, the notice may also be served on all property owners of record. The notice shall contain the address and assessor's parcel number of the property;


B. A statement from the enforcement official identifying the conditions which violate this code and the specific provisions of this code which have been violated;


C. The amount of the administrative fine the county may impose for the violation;


D. A statement that the responsible person in violation may request an administrative hearing on the imposition of the administrative fine within ten (10) days after the date the citation is served;


E. A list of necessary corrections to bring the property into compliance;


F. A deadline or specific date to correct the violations listed in the notice of violation; and


G. A statement that if the responsible person fails to timely request an administrative hearing on the imposition of the administrative penalty, the penalty shall be final. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s861999
1.12.030.4: RECORDING NOTICES OF VIOLATION; PURPOSE:linklink

The board finds that there is a need to give notice of pending enforcement actions to persons who may subsequently acquire property subject to a violation as a means to ensure the violations will be corrected. An appropriate method to accomplish this is through the issuance and recording of notices of violation. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862000
1.12.030.5: PROCEDURES FOR RECORDING NOTICES OF VIOLATION:linklink


A. Once an enforcement official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the enforcement official may record the notice of violation in the official records of Churchill County.


B. Before recording, an enforcement official shall provide to the responsible person and all owners of record a notice of intent to record stating that a notice of violation will be recorded if the violation is not corrected or a plan of action to correct is not provided within ten (10) days from the date of the notice of intent to record. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862001
1.12.030.6: NOTICE OF COMPLIANCE:linklink


A. When the violation(s) listed on the notice of violation has been corrected, the responsible person may file with the enforcement official a written request for a notice of compliance on a form provided by the county planning department.


B. Once the enforcement official receives a request for a notice of compliance, the enforcement official shall confirm the violation(s) has been corrected or abated, which confirmation may include the reinspection of the property. The enforcement official shall provide a notice of compliance to the responsible person if the enforcement official determines that:

1. All violations listed in the recorded notice of violation have been corrected;

2. All necessary permits have been issued and finalized;

3. All administrative fines and fees have been satisfied; and

4. The party requesting the issuance of the notice of compliance has paid all administrative fees due to the county.


C. The enforcement official shall record or cause to be recorded the notice of compliance in the official records of Churchill County. The recording of the notice of compliance shall have the effect of canceling the recorded notice of violation.


D. If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service provided for in this chapter. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862002
1.12.030.7: ADMINISTRATIVE CITATIONS AND FINES; AUTHORITY:linklink

The County may impose administrative fines for any of the acts or omissions set forth in this Code. Administrative fines shall be imposed, enforced, collected and reviewed in compliance with the provisions of this chapter. Administrative fines may be imposed for any of the following acts or omissions:


A. Violation of the provisions of any title or chapter of this Code;


B. Failing to comply with any order issued by a Hearing Officer;


C. Failing to comply with any condition imposed by any permit or environmental documents issued or approved by the County; and


D. Violation of any portion of this Code process or procedure to determine the need for a special use permit, conditional use permit, temporary use permit, or variance. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862003
1.12.030.8: ADMINISTRATIVE CITATIONS; PROCEDURES:linklink


A. Upon discovering a violation of this Code, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this chapter.


B. Each and every day that a violation of this Code exists constitutes a separate and distinct offense.


C. Administrative fines shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the County Planning Department unless otherwise noted on the citation. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862004
1.12.030.9: CONTENTS OF ADMINISTRATIVE CITATIONS:linklink

Any administrative citation that is issued shall contain:


A. The name and address of the responsible person in violation. If the administrative citation results from events occurring on, the status of, or condition of property, the citation shall also contain the address of the property;


B. A statement of the provisions of this Code, which have been violated, and the date and the location of the violations;


C. The action required to correct the violations, a deadline by which the violations must be corrected, and the consequences of failing to comply;


D. A statement that each day that the responsible person does not correct or abate the condition after the date specified in the administrative citation shall constitute a separate violation subjecting the responsible person to the fines set forth in this chapter;


E. The amount of the administrative fine imposed for the violations;


F. A statement that the responsible person in violation may request an administrative hearing on the imposition of the administrative fine within ten (10) days of the date the administrative citation is served; and


G. A statement that if the responsible person fails to request an administrative hearing on the imposition of the administrative citation, the citation imposing the fine shall be final. (Bill 2018-E, 2019)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862005
1.12.030.10: SPECIAL PROCEDURE FOR VIOLATIONS OF CONDITIONS OF USE PERMITS OR PROCEDURES RELATING THERETO:linklink


A. This section may be utilized where it is determined that the violation involves:

1. A process or a procedure to determine the need for a special use permit, conditional use permit, temporary use permit, or variance;

2. Any condition imposed on a special use permit, conditional use permit, or temporary use permit, or variance.


B. Prior to issuance of an administrative citation, an enforcement conference may be held to determine the amount of the fine to be issued, and a compliance plan may be developed. A representative of the responsible person shall attend the enforcement conference. The Churchill County Planning Director may attend the enforcement conference. The enforcement official who has determined that there is a violation shall attend the conference.


C. At the conclusion of the enforcement conference, an administrative citation may be issued, and/or the responsible person may be given an opportunity to remedy the violation. The enforcement official shall work with the responsible person, but at the conclusion of the enforcement conference, determinations as to whether or not to issue a fine, the amount of the fine and the time for compliance are within the sole discretion of the enforcement official.


D. Failure to attend the enforcement conference by the responsible person will result in a fine in the amount of one thousand dollars ($1,000.00) for each violation per day. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862006
1.12.040: ABATEMENTS AND ADMINISTRATIVE PROCEDURES:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862007
1.12.040.1: PURPOSE:linklink

The board finds that it is necessary to establish appropriate procedures for the administrative and summary abatement of code violations. These sections govern the abatement procedures established in all chapters of this code unless other procedures are specifically stated to apply. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862008
1.12.040.2: ADMINISTRATIVE REMEDIES:linklink


A. The administrative procedures of this chapter may be applied to other actions of the board, including, without limitation, administrative appeals, variances and other matters properly before the board.


B. In addition to any other remedy rising under this chapter, or any other chapter of this code, the board shall have authority to render a proper disposition, including, without limitation, dismissal, referral to staff for further action, modification, no further action being taken, or approval of prior action, or any other action deemed appropriate by the board. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862009
1.12.040.3: AUTHORITY:linklink

Any condition caused, maintained or permitted to exist in violation of any provisions of this code may be abated by the county pursuant to the procedures set forth herein. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862010
1.12.040.4: NOTICE TO ABATE; GENERAL PROCEDURES:linklink


A. Notice To Abate: Whenever the enforcement official determines that public or private property or any portion of public or private property is in violation of any section of this code, a notice to abate shall be issued to the responsible person to abate the violation. The enforcement official shall use other enforcement actions, including, without limitation, administrative citations, etc., to gain compliance before giving a notice to abate. If the notice pertains to events occurring on or the status or condition of property the notice shall also be served on all property owners of record. The notice to abate shall include the following information:

1. A description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to specific sections of this code violated;

2. A description of the action required to abate the violation which may include, without limitation, corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or occupants or other appropriate action and shall establish time frames by which each action must occur;

3. A description of consequences should the responsible person fail to comply with the terms of the notice; and

4. A statement that the responsible person may request an administrative hearing on the notice to abate in accordance with this chapter.


B. Time Tolled For Administrative Hearing: If a responsible person requests an administrative hearing within the required time periods set forth in this chapter the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862011
1.12.040.5: ABATEMENT BY THE COUNTY:linklink


A. Once the enforcement official follows the procedures set forth in this chapter and the time for compliance has lapsed without abatement being fully completed by the responsible person, the conditions may be abated by county personnel or by a private contractor hired by the county for that purpose.


B. County personnel or a private contractor can enter upon private property in a reasonable manner to abate the conditions as specified in the notice to abate, administrative order or a court order of abatement.


C. When the abatement is completed, a report describing the work performed and an itemized accounting of the total abatement costs shall be prepared by the enforcement official. The report shall contain the name and address of the responsible person, the name and address of the property owner if different from the responsible person, the assessor's parcel number and a legal description of the property if the responsible person is an owner.


D. The enforcement official may schedule a confirmation of cost hearing before a hearing officer. The responsible person(s) must request the hearing in writing and submit the request to the enforcement official within fifteen (15) days of notice to abate has been completed.


E. All administrative fees, associated costs, and actual costs incurred by the county in abating the violations may be assessed and recovered against the responsible person and/or all owners of record of the property pursuant to the provisions set forth in this chapter. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862012
1.12.040.6: SUMMARY ABATEMENT, GENERAL PROVISIONS:linklink

Whenever the enforcement official determines that an imminent hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers to summarily abate the hazard without prior notice to the responsible person:


A. Order the immediate vacation of any tenants and prohibit occupancy until repairs are completed; or


B. Post the premises as unsafe, substandard or dangerous; or


C. Board, fence or secure the building or site; or


D. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard; or


E. Make any minimal emergency repairs as necessary to eliminate any imminent health and safety hazard; or


F. Take any other reasonable action deemed by the enforcement official as appropriate under the circumstances. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862013
1.12.040.7: SUMMARY ABATEMENT; PROCEDURES:linklink


A. The enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the imminent hazard. Costs incurred by the county during the summary abatement process shall be assessed, collected and recovered against the responsible person and/or owner(s) of record. A lien for the actual costs of the abatement, associated costs, and all administrative fines and/or fees may be filed on the property in favor of the county if the responsible person and/or owner(s) fail to remit all costs to the county.


B. The enforcement official may also pursue any other criminal, administrative or judicial remedy to abate any remaining violations. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862014
1.12.050: FINES AND FEES:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862015
1.12.050.1: FINES FOR ADMINISTRATIVE CITATIONS:linklink


A. If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the fine shall increase at a rate in subsection B of this section.


B. Except as provided in subsection D of this section, the fines assessed for each administrative citation issued for the same violations shall be as follows:

First administrative citation   $100.00 - $500.00  
Second administrative citation   $500.00 - $750.00  
Third or subsequent administrative citation   $750.00 - $1,000.00  


C. Administrative citations may be issued with the highest fine first for violations including, without limitation, repeat violations on the same property, business license violations, violations that harm the property of others, or health and/or safety violations.


D. Where the alleged violation involves a condition of a special use permit, conditional use permit, temporary use permit, or variance or any process or procedure to determine the need for a special use permit, conditional use permit, temporary use permit, or variance, the fine assessed for a citation may be up to one thousand dollars ($1,000.00) for each violation per day.


E. Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the county.


F. All fines shall be payable to the county planning department unless otherwise directed on the citation.


G. For all delinquent unpaid administrative fines, there may be a penalty imposed in the amount of ten percent (10%) of the administrative fine amount, and an additional ten percent (10%) per month of the total amount of the administrative fine and any penalty thereon for each month during the time that such fine remains unpaid after its delinquency date. The delinquency date for an administrative fine shall be ten (10) days following the imposition of the fine, or the administrative determination of the hearing officer, whichever is later. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862016
1.12.050.2: AMOUNT OF ADMINISTRATIVE FEES:linklink


A. An administrative fee schedule shall be established and revised as necessary upon resolution by the board to reflect current cost. The administrative fee schedule shall be filed in the county clerk's office.


B. In addition to the amounts listed on the administrative fees schedule, an additional amount for any costs incurred by the county in enforcement efforts (this includes, but is not limited to, recording of notices, title search, collection efforts, and any other processing costs) may be assessed.


C. All administrative fees shall be paid at the Churchill County planning department. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862017
1.12.060: ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862018
1.12.060.1: APPOINTMENT OF HEARING OFFICER:linklink

Any hearing officer presiding at administrative hearings shall be appointed and compensated by the county. The hearing officer shall not be an employee of the county. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862019
1.12.060.2: QUALIFICATION AND DISQUALIFICATION OF HEARING OFFICER:linklink


A. The board may appoint any person to serve as a hearing officer deemed to have sufficient knowledge and training regarding the administrative process. No such person appointed need be an attorney or judge.


B. Any person serving as a hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law. A hearing officer must not have any personal interest in the outcome of any administrative action under this chapter or any other provision of this code. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862020
1.12.060.3: POWERS OF HEARING OFFICER:linklink


A. The hearing officer shall preside over administrative hearings.


B. The hearing officer shall have the power to administer oaths, and may impose such rules of decorum upon the proceeding as will promote the fair and efficient consideration of matters before the hearing officer.


C. The hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.


D. The hearing officer, upon receipt of a written request which is submitted no later than ten (10) days before the hearing, may issue a subpoena for witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All cost related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. At the discretion of the hearing officer, the minimum ten (10) day requirement may be waived for good cause.


E. The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purpose of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.


F. If the Hearing Officer finds in favor of the County, the Hearing Officer may not reduce the amount of the administrative fee imposed, so long as the imposition of the administrative fee is consistent with the resolution passed by the Board of County Commissioners. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862021
1.12.060.4: FAILURE TO OBEY SUBPOENA:linklink

It is a misdemeanor for any person to refuse to obey a subpoena issued by a Hearing Officer. Such conduct is punishable by incarceration in the County Jail for a period not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000.00) or both such fine and incarceration. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862022
1.12.060.5: PROCEDURES FOR REQUESTING AN ADMINISTRATIVE HEARING:linklink


A. A responsible person served with one of the following documents, orders or notices may file a request for an administrative hearing within ten (10) days from the service of the notice:

1. A notice of violation.

2. A notice from the enforcement official indicating an intent to record a notice of violation.

3. An administrative citation.

4. A notice to abate.


B. The request for administrative hearing shall be made in writing on a form provided by the County Planning Department and shall state the grounds for requesting the hearing and be filed with the County Planning Department on or before ten (10) days after service of the notice or citation.


C. Any person appealing any of the listed items in subsection A of this section shall deposit a nonrefundable appeal fee of one hundred dollars ($100.00). (Bill 2018-E, 2019: Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862023
1.12.060.6: NOTICE OF ADMINISTRATIVE HEARING:linklink


A. Where the responsible person has timely requested an administrative hearing, the Hearing Officer shall schedule a day, time and place for the hearing.


B. Written notice of the time and place of the hearing shall be served at least fifteen (15) days prior to the date of the hearing on the responsible person. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862024
1.12.060.7: PROCEDURE AT ADMINISTRATIVE HEARINGS:linklink


A. Administrative hearings are intended to be informal in nature. The Hearing Officer is not bound by formal rules of evidence, and no informality in any proceeding or in the manner of taking testimony will invalidate any decision of the Hearing Officer. The rules of evidence of courts of the State of Nevada will be followed but may be relaxed at the discretion of the Hearing Officer when deviation from the formal rules of evidence will aid in a determination of the truth. The rules pertaining to discovery do not apply.


B. An objection to the admissibility of evidence may be made by any party of record and the objection will be ruled on by the Hearing Officer. When an objection is made to the admission or exclusion of evidence, the grounds upon which the relief is sought must be stated briefly. The Hearing Officer, with or without objection, may exclude inadmissible, incompetent, repetitious, or irrelevant evidence. Any evidence offered at the hearing must be material and relevant to the issues of the hearing.


C. Each party shall have the opportunity to cross examine witnesses and present evidence in support of his or her case. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862025
1.12.060.8: STANDARD OF PROOF:linklink

The County bears the burden of proof at an administrative hearing to establish the existence of a violation of this Code. The standard of proof is by a preponderance of the evidence. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862026
1.12.060.9: RIGHT TO REPRESENTATION:linklink

Any person or persons may appear at any proceeding, conducted under this chapter, with or without representation by an attorney. No right shall exist for the appointment of counsel. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862027
1.12.060.10: FAILURE TO ATTEND ADMINISTRATIVE HEARING:linklink

Any responsible person who requests a hearing or whose actions are the subject of an administrative hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and all objections to the notice or administrative citation, provided that the hearing was properly noticed. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862028
1.12.060.11: COMPLIANCE WITH ADMINISTRATIVE ORDER:linklink


A. The decision of the hearing officer shall be entitled "administrative order".


B. Once all evidence and testimony are completed, the hearing officer shall issue an administrative order which affirms, modifies or rejects the enforcement official's action. The administrative order may affirm, modify or reject the daily rate or duration of the administrative fines depending upon review of the evidence and may increase or decrease the total amount of administrative fines assessed.


C. The hearing officer may issue an administrative order that requires the responsible person to cease violating this code and to make necessary corrections, repairs, or to complete any other reasonable act requested by the enforcement official, which may be modified by the hearing officer, to bring the property into compliance with this code. The hearing officer shall include a specific time frame to complete the requested act.


D. As part of the administrative order, the hearing officer may establish specific deadlines for the payment of administrative fines, fees and costs and may condition the total or partial assessment of administrative fines on the responsible person's ability to complete compliance by specific deadlines.


E. The hearing officer may issue an administrative order which imposes additional administrative fines that will continue to be assessed for each day the violation continues until the responsible person complies with the hearing officer's decision and corrects the violation.


F. The hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative order.


G. The administrative order shall become final on the date of service of the order. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862029
1.12.060.12: FAILURE TO COMPLY WITH THE ADMINISTRATIVE ORDER; MISDEMEANOR:linklink

Failure to comply with an administrative order constitutes a misdemeanor. A misdemeanor is punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six (6) months or by both such fine and imprisonment. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862030
1.12.060.13: APPEALS OF ADMINISTRATIVE ORDER AND JUDICIAL REVIEW:linklink


A. Within thirty (30) calendar days from service of an administrative order or other decision by the hearing officer, any party may appeal the determination of the hearing officer to the board. The board shall thereafter set the matter for hearing at the next regular meeting of the board. Except as otherwise provided by specific code provisions the board shall apply the provisions of this chapter. The board may consider any other noncumulative and relevant evidence at the hearing.


B. Within thirty (30) calendar days from service of an order or other decision of the board, any party may appeal to the 10th judicial district court.


C. Any party failing to timely file an appeal to the board or the 10th district court shall be deemed to have waived any and all objections to the administrative hearing officer's or the board's decision. Any review of the matter conducted in court shall be de novo. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862031
1.12.060.14: TIME LIMITS FOR REPAIR, CORRECTION, OR ABATEMENT AFTER APPEAL:linklink

Unless otherwise provided by the order of the hearing officer or the board's order, the owner or responsible party shall complete all actions necessary to bring the property into compliance with this code within thirty (30) calendar days of service of any order made by the hearing officer or the board. The enforcement official may grant or deny a request for additional time to complete acts required for compliance with this code that is made by the owner of record or any responsible person who is making reasonable progress in the repair, correction or abatement of violations. The request for and the granting or denial of additional time shall be made in writing. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862032
1.12.060.15: EXTENSION OF TIME; COURT ORDER:linklink

When the 10th judicial district court has entered an order relating to matters governed by this chapter, unless otherwise ordered by the court, jurisdiction relating to the matter shall remain with the district court. Any extension of time or other relief must be sought, in the first instance, by application to the court for an order allowing an extension of time or any other relief. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862033
1.12.070: COLLECTION OF FINES AND FEES:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862034
1.12.070.1: COLLECTION OF ADMINISTRATIVE FINES AND FEES:linklink

Collection or satisfaction of administrative fines and fees shall be made and provided for by recourse to any equitable or legal remedy, including, without limitation, imposition of a lien. Failure to pay any and all administrative fees or administrative fines is a misdemeanor. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862035
1.12.070.2: PROHIBITION AGAINST ISSUANCE OF COUNTY PERMITS:linklink

For properties where a notice of violation has been issued, or where a responsible person has unpaid fines or fees, the county may withhold permits for repair, construction and/or alteration, other than those necessary to achieve compliance within the provisions of this code, on the affected property until a notice of compliance has been issued by the enforcement official. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862036
1.12.070.3: PROCEDURES FOR RECORDING CODE ENFORCEMENT LIEN:linklink


A. An enforcement official may record a code enforcement lien in the official records of Churchill County to collect all administrative fees, administrative fines, abatement costs, associated costs and other costs provided for in this chapter.


B. Before recording a code enforcement lien, an enforcement official shall provide to the responsible person and all owners of record a notice of intent to record stating that a code enforcement lien will be recorded unless payment of all monies due is paid in full on or before the date listed in the notice.


C. The recorded code enforcement lien shall include the name of the property owner, the assessor's parcel number, the street address, the parcel's legal description, and a copy of the latest amounts due the county. (Bill 2012-F, 2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862037
1.12.070.4: NOTICE OF SATISFACTION OF CODE ENFORCEMENT LIEN:linklink

Once payment in full is received for the outstanding administrative fines and fees, or the amount is deemed satisfied pursuant to a subsequent administrative order, the enforcement official shall, within ten (10) days from the date payment is made or decision is final, record a notice of satisfaction with the Churchill County recorder's office. The notice of satisfaction shall cancel the code enforcement lien. (Bill 2012-F, 2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=9536#s862038