2012 2:00:00 PM

Monday, April 23, 2012 2:00 PM
745 4th Street, Sparks, NV 89431

Planning and Zoning Public Hearings and Action Items: 8.1

Title: 2nd Reading, public hearing and possible approval of Bill No. 2643, an Ordinance amending Chapter 7 of the Sparks Municipal Code; amending Section 7.16.010 "Definitions," 7.16.050 "Notice of Violation," and 7.16.060 "Time for Abatement," 7.16.070 "Appeal Procedures," 7.16.100 "Abatement Report Hearing Procedure," to reflect the new procedure for each; and providing other matters properly related thereto.

Petitioner/Presenter: Community Services Department/Armando Ornelas, City Planner

Recommendation: Approval of Bill No. 2643

Financial Impact: No direct impact

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: This is the 2nd Reading of and public hearing for an ordinance to amend the section (7.16 – “Nuisances”) of the Sparks Municipal Code to enhance the City’s powers to abate nuisances. The changes include adding definitions of “chronic” and “abandoned” nuisances, amending the procedure for the noticing of violations, defining an appeals procedure and adding a provision enabling the City to levy a special assessment against a property to recoup the City's cost of abating a nuisance that the property owner fails to abate.

Background: As the number of defaults and foreclosures has risen, the City has encountered more cases of property owners failing to respond when contacted by the City’s code enforcement officer. Some of these properties present an immediate hazard to public safety and welfare. Others represent chronic nuisances that demand a disproportionate amount of the City’s single code enforcement officer’s time. In other cases, the property has effectively been abandoned or the legal owner is unreachable and/or unresponsive. Such properties may not only pose a public danger or are unsightly but are detrimental to the neighborhoods in which they are located. Given these circumstances, this ordinance to amend Chapter 7.16 of the Sparks Municipal Code would provide the City the ability to directly abate a nuisance and levy a special assessment against a property owner to recoup the cost of abating the nuisance.

Analysis: This is the 2nd Reading of, and public hearing for, an ordinance to amend section 7.16 (“Nuisances”) of the Sparks Municipal Code to enhance the City’s powers to abate nuisances. If amended as proposed, SMC 7.16 would: • Add definitions for “chronic nuisance” (7.16.010.D) and “abandoned nuisance” (7.16.010.E). • Require that the property owner be served a notice of violation by certified mail at their last known address (7.16.050.B.1). • Allow the property owner to either request a hearing before the City’s Authorized Official (City Manager or his authorized representative) within 10 days or abate the public nuisance within a prescribed time (7.16.060). • Allow the property owner to appeal a decision of the City’s Authorized Official to the City Council or, if the nuisance is determined to be chronic or abandoned, before the appropriate court (7.16.070). If the City Council requires abatement of the public nuisance, the owner must abate the nuisance within 10 days or as otherwise prescribed by the City Council. • Allows the City to abate a nuisance, after the close of the appeal period (and assuming no appeal is filed) under the City Council’s authority. • Allows the City to assess a special assessment to recoup the cost of abating the nuisance. This option is in addition to the existing lien mechanism or making the costs a personal obligation of the property owner. An advantage of a special assessment is that it may be collected at the same time and in the same manner as property taxes. Nuisance Abatement Process The City Manager convened an inter-departmental task force to identify options for addressing the abatement of public nuisances on property where ownership is uncertain or in transition and cannot be contacted, or when the property owner has failed to comply with City requests to abate the nuisance. These proposed amendments to SMC 7.16 reflect the task force’s work and are intended to enhance the City’s ability to directly abate these nuisances. To use the revised SMC 7.16 judiciously and help evaluate whether the City should pursue direct City abatement of the nuisance, City staff propose employing a new process that entails referral of these cases to an administrative review board (the “Public Nuisance Review Board”). This body would be comprised of the Building Official and representatives of the Fire and Police Departments, Planning and the City Manager’s Office. Properties that are deemed to be an immediate hazard to the public and/or emergency responders will be given high priority. Once a nuisance case is brought before the Public Nuisance Review Board, the board will evaluate the case and recommend to the Authorized Official whether: a) the nuisance poses “an immediate danger to the public health, safety or welfare” and the City should immediately seek a court order to abate the nuisance; b) to categorize the nuisance as a “chronic” or “abandoned” nuisance since the owners of properties categorized as such are afforded more time for abatement and any owner’s appeal of the Authorized Official’s decision to abate would be appealed judicially, bypassing the City Council; c) issue the property owner a (or another) notice of violation per SMC 7.16.050 with the recommendation that if the property owner fails to abate the nuisance the City pursue direct abatement, subject to any appeals to the City Council or appropriate court. If the City Council determines a nuisance exists and orders its abatement, and a property owner fails or neglects to remove the public nuisance within the prescribed time limit, the Authorized Official may petition the appropriate court for injunctive relief to abate the nuisance or may cause such public nuisance to be abated, or both. The City Attorney’s office advises, however, that the City only do so (i.e., abate the nuisance without a court order) when the nuisance is open to the public (i.e., not behind a fence). The Authorized Official shall have the authority to authorize any and all action necessary to abate the public nuisance. A fifteen percent administrative fee shall be added to the cost or contract price, if any, of abating the public nuisance. A report of the abatement proceedings and a separate account of the abatement costs on each property shall be filed with the City Clerk. In the event the City begins undertaking direct abatement of nuisances, the City Council will need to create budget authority for these expenses. Staff recommends that the City Council establish a nuisance abatement fund for this purpose in Fiscal Year 2013 budget. Any funds collected through liens or special assessments would be used to reimburse the fund.

Alternatives: The City Council may direct staff to amend this proposed ordinance or forgo amendment of Chapter 7.16 Sparks Municipal Code.

Recommended Motion: I move to approve Bill No. 2643, an Ordinance amending Chapter 7 of the Sparks Municipal Code; amending Section 7.16.010 "Definitions," 7.16.050 "Notice of Violation," and 7.16.060 "Time for Abatement," 7.16.070 "Appeal Procedures," 7.16.100 "Abatement Report Hearing Procedure," to reflect the new procedure for each; and providing other matters properly related thereto.

Attached Files:

Nuisance Abatement Ordinance.pdf

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