NRS 318.515 Procedure for corrective action by board of county commissioners: Notification or petition; hearing; adoption and challenge of ordinance or resolution.

379 words·~2 min read·/nv/chapter-318-general-improvement-districts/318-515·

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

1. Upon notification by the Department of Taxation or upon receipt of a petition signed by 20 percent of the qualified electors of the district, that:

(a)A district of which the board of county commissioners is not the board of trustees is not being properly managed;

(b)The board of trustees of the district is not complying with the provisions of this chapter or with any other law; or

(c)The service plan established for the district is not being complied with,

Ê the board of county commissioners of the county in which the district is located shall hold a hearing to consider the notification or petition.

2. The county clerk shall mail written notice to all persons who own property within the district and to all qualified electors of the district, which notice shall set forth the substance of the notification or petition and the time and place of the hearing.

3. At the place, date and hour specified for the hearing, or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall give full consideration to all persons desiring to be heard and shall thereafter:

(a)Adopt an ordinance constituting the board of county commissioners, ex officio, as the board of trustees of the district;

(b)Adopt an ordinance providing for the merger, consolidation or dissolution of the district pursuant to NRS 318.490 to 318.510 , inclusive;

(c)File a petition in the district court for the county in which the district is located for the appointment of a receiver for the district; or

(d)Determine by resolution that management and organization of the district will remain unchanged.

4. The Department of Taxation or any interested person may, within 30 days immediately following the effective date of the ordinance adopted under paragraph

(a)or resolution adopted under paragraph

(d)of subsection 3, commence an action in any court of competent jurisdiction to set aside the ordinance or resolution. After the expiration of 30 days, all actions attacking the regularity, validity and correctness of that ordinance or resolution are barred.

EFFECT OF CHAPTER 542, STATUTES OF NEVADA 1967