NRS 244.369045 Failure to comply with notice and order to repair or rehabilitate; action by county; appointment of receiver; service on owner; award of attorney’s fees and costs to prevailing party.

417 words·~2 min read·/nv/chapter-244-counties-government/244-369045·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If the owner of a residential multifamily rental property fails to comply with the terms of the notice and summary order issued pursuant to NRS 244.36904 :

(a)The county may bring an action to:

(1)Have the residential multifamily rental property declared by the district court to be a substandard property;

(2)Obtain a court order requiring the owner to repair or rehabilitate the residential multifamily rental property or otherwise abate the condition; and

(3)Have the district court impose a civil penalty against the owner of the residential multifamily rental property, as provided by ordinance; or

(b)The county or a nonprofit organization representing any tenant or tenant association may bring an action to:

(1)Have the residential multifamily rental property declared to be a substandard property; and

(2)Have a receiver appointed pursuant to NRS 32.010 .

2. A party who intends to bring an action for the appointment of a receiver pursuant to paragraph

(b)of subsection 1 shall:

(a)Not later than 30 days before filing such an action, provide notice of intent to bring the action by:

(1)Posting a notice in a conspicuous place on the residential multifamily rental property; and

(2)Mailing the notice to each person with a recorded interest in the residential multifamily rental property; and

(b)Provide with the court filing:

(1)Proof that the party provided the notice of intent to bring the action as required pursuant to paragraph (a); and

(2)If the party is a nonprofit organization representing a tenant or tenant association, an affidavit provided by the department of the county that issued the notice and summary order pursuant to NRS 244.36904 in support of the court filing which must include, without limitation, a history of communications and any documentation relating to the provisions of NRS 244.36904 . The department of the county shall cooperate and timely provide the affidavit upon request of a nonprofit organization representing a tenant or tenant association.

3. A party who brings an action pursuant to subsection 1 must serve each owner of the residential multifamily rental property in the manner provided by Rule 4 of the Nevada Rules of Civil Procedure.

4. The district court may award reasonable attorney’s fees and costs to the prevailing party in an action brought pursuant to this section.