Douglas County District Attorney
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Title 1 General Provisions
Title 2 Administration and Personnel
Title 3 Revenue and Finance
Title 5 Business Licenses and Regulations
5.02 Fictitious Business Names
5.04 Gambling Establishments
5.06 Alarm Device Regulations
5.08 Intoxicating Liquor Sale Licenses
5.12 Outdoor Festivals
5.16 Tent Shows and Circuses
5.20 Water Companies
5.24 Traveling Merchants
5.26 Escort Bureaus
5.28 Solicitation of Funds
5.32 Time-Sharing Developments
5.34 Cable Television Franchises
5.36 Adult Characterized Businesses
5.40 Vacation Rentals in the Tahoe Township
Title 6 Animals
Title 8 Health and Safety
Title 9 Criminal Code
Title 10 Vehicles and Traffic
Title 12 Streets and Other Public Places
Title 13 Parks
Title 14 Airports
Title 18 Town Annexation and Service Districts
Title 19 Initiative Ordinances
Title 20 Consolidated Development Code
Effective Date
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County Codes
Title 5 Business Licenses and Regulations
5.32 Time-Sharing Developments
5.32.010 Purpose
5.32.020 Definitions
5.32.030 Special use permit
5.32.040 Application
5.32.050 Requirements and standards
5.32.060 Findings of fact
5.32.070 Transferal of time-share ownership
5.32.080 Registration
5.32.090 State filing
5.32.100 Sales or marketing
5.32.110 Taxes, assessments and fees
5.32.120 Maintenance enforcement
5.32.130 Severability
5.32.140 Violations

5.32.010 Purpose
The board of county commissioners finds and declares that the development, sales and marketing of time-share interests in Douglas County seriously affects the economic and social well-being of the citizens and visitors of the county. The purpose of this chapter is to promote the best interest, public health, safety and general welfare of the people of Douglas County and those people who visit Douglas County by the establishment of procedures, standards and regulations for the control and supervision of time-shares operating in the county. (Ord. 403 §1 (part), 1982)
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5.32.020 Definitions
    A.  "Association" means any corporation, partnership or group of individuals, whether for profit or not, which shall administer the collective affairs of the owners of time-share intervals of a specific time-share. 
    B.  "Board" means the Douglas County board of adjustments. 
    C.  "Department" means the Douglas County community development department. 
    D.  "Developer" means, in the case of any given property, any person or entity which is in the business of creating, building, subdividing, developing or selling its own time-share intervals in any time-share. This definition shall include a promoter of a cooperative time-share but does not include a person acting solely as a sales agent. 
    E.  "Development, project or property" means all of the property subject to a project or time-share instrument. 
    F.  "Exchange program" means any arrangement or procedure which allows an owner, or person having a whole ownership or other possessory interest, of a time-share interval in a time-share to become a member or participant for the purpose of exchanging occupancy rights with other owners, or persons having whole ownership or other possessory interest, of time-share intervals in any other time-share. 
    G.  "Invitee" means an individual who is contacted by the OPC, and invited or encouraged to attend a time-share sales presentation. 
    H.  "Managing agent" means a person who undertakes the duties, responsibilities and obligations of the management of a time-share. 
    I.  "Off-premises contact" or "OPC" means an individual who acts as an acquisition agent and who does not engage in the sale of time-share intervals. 
    J.  "Person" means any one or more natural persons and corporations, partnerships, associations, trusts, joint ventures, and other entities, or any combination thereof. 
    K.  "Project instrument" means one or more recordable documents, applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy or disposition of an entire project, including amendments to the document, but excluding any law, ordinance or governmental regulation. 
    L.  "Purchaser" means any person other than a developer or lender who acquires an interest in a time-share interval. 
    M.  "Sales agent" means any person who sells or offers to sell, buys or offers to buy, leases or offers to lease, or solicits to sell for compensation or in expectation of compensation time-share intervals, time-share estates, time-share uses, or interests, of whatever nature, to an ultimate consumer or purchaser. This definition shall not include a person who acquires a time-share interval for their own use and later offers it for sale. 
    N.  "Time-share" means a time-share development, time-share program and time-share project as defined within this chapter. 
    O.  "Time-share development" means a project or development which is committed pursuant to a time-share instrument, and consists of a living unit, condominium, residence or structure capable of human habitation, or camping sites or recreational vehicle spaces. 
    P.  "Time-share estate" means an ownership or leasehold estate in property devoted to a time-share fee or a time-share lease. 
    Q.  "Time-share instrument" means any document, by whatever name denominated, creating or regulating time-share programs, but excluding any law, ordinance or governmental regulation. 
    R.  "Time-share interval" means a time-share estate or time-share use. 
    S.  "Time-share program" means any arrangement for time-share intervals in a time-share project whereby the use, occupancy, or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over a period of time in excess of three years in duration. 
    T.  "Time-share project" means any real property that is subject to a time-share program. 
    U.  "Time-share unit" means the real property or real property improvement in a project which is divided into time-share intervals. 
    V.  "Time-share use" means any right of exclusive occupancy which does not fall within the definition of a time-share estate, including, but not limited to, a vacation license, prepaid hotel reservation, club membership, limited partnership, vacation bond, co-opt, stock company, trust, or nonprofit association. (Ord. 936, 2000; Ord. 403 §1 (part), 1982)
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5.32.030 Special use permit

    A.  Time-share is permitted in the following zones only upon the approval and issuance of a special use permit, and fulfillment of any conditions imposed by the board: 
        1.  TC (tourist commercial); 
        2.  GC (general commercial); 
        3.  MFR (multi-family residential), or 
        4.  Under a planned unit development (chapter 20.676)
    B.  Time-shares may add additional time-share units only upon application for and approval of a special use permit, in accordance with the provisions of this chapter. (Ord. 937, 2000; Ord. 403 §1 (part), 1982)

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    5.32.040 Application
        A.  The developer must submit an application for a special use permit for time-share, plus the following information: 
            1.  The legal description, street address, or other description sufficient to identify the real property subject to the time-share program; 
            2.  A policy of title insurance, a preliminary title report, abstract of title, or certificate of title; 
            3.  Two copies of site plans, building plans, building elevations, parking layouts, landscaping plans, and other descriptive drawings as required;     
            4.  A description of the time-share intervals and time-share program; 
            5.  Identification of the organization or individuals that will manage the project; 
            6.  Identification of the units proposed for time-share occupancy and identification of the units proposed for any other use other than time-share occupancy; 
            7.  The review fee as established by resolution of the board of commissioners; 
            8.  Any other information that the developer, department, or board deem reasonably necessary for consideration of the time-share.
        Upon receipt and approval of items 1 through 8 of this subsection A, the board may issue a conditional special use permit. 
        B.  Upon conditional approval of the special use permit, and upon receipt and approval by the department of the items set forth below, and the fulfillment of any other conditions imposed by the board, the special use permit may be issued: 
            1.  A copy of any proposed time-share instrument, including without limitation, articles of incorporation, bylaws, covenants, connotations and restrictions, and any other documentation relating to an owner's association formed to administer the time-share program; 
            2.  A pro forma owner's budget accompanied by a review performed by a certified public accountant; 
            3.  The name of the broker of record; 
            4.  A description of the marketing and resale programs, including a detailed description of any activities that will occur in Douglas County. (Ord. 403 §1 (part), 1982)
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    5.32.050 Requirements and standards
        A.  Building and fire codes. Structures other than hotels must comply with all current requirements of the building and fire codes applicable to condominiums. Hotel time-shares must comply with all current requirements of the building and fire codes applicable to hotels. In the case of older buildings unable to meet all current requirements, the chief building inspector and fire chief will determine the adequacy of fire and safety provisions and recommend conditions for approval or mitigation of deficiencies prior to issuance of a special use permit. 
        B.  Annual inspection. Structures in a time-share will be subject to an annual inspection of the sprinkler systems and other fire protection devices by the fire chief or his representative. 
        C.  Owner consent. All owners of units in a building proposed for time-share must consent to the time-share conversion. 
        D.  Waiver of partition. The time-share instrument or project document for a time-share must include a waiver of partition. 
        E.  Impacts. The board will consider the time-share's impact upon neighboring residents, traffic, transportation services, parking, conversion of apartments and hotel or motel units, tenant relocation, parks and county recreational facilities, and any other factors that the board may wish to consider. The board may require mitigation of any identified impacts prior to issuance of the special use permit. 
        F.  Best management practices. The time-share site must conform to the best management practices adopted by the county for erosion control, drainage, and revegetation. 
        G.  Covenants, conditions and restrictions. All covenants, conditions and restrictions for any time-share shall be prior to all encumbrances of record against the project except nondelinquent taxes and assessments, and utility and right-of-way easements which are customary in Douglas County. 
        H.  Blanket encumbrance. Where a time-share is subject to a blanket encumbrance or a trust indenture evidencing the security interest of a project lender or developer, the blanket encumbrance or trust indenture shall provide for any one or more of the following: 
            1.  A provision in the security instrument establishing a partial release and reconveyance price and procedure whereby the partial release and reconveyance can be accomplished. The provision shall be obtained and recorded prior to, or simultaneously with, the close of escrow for an individual purchaser; 
            2.  A purchase agreement requiring that title to the time-share interest being purchased be conveyed free and clear of any security interest or other owner or lender imposed encumbrance, except the purchaser's purchase-money security interest; 
            3.  The security instrument provides that a purchaser's purchase agreement, be it deemed executory or not executory, shall be recognized and honored so long as the same remains current, and upon faithful compliance therewith, the purchaser shall be entitled to all of the rights, title and interest which are the subject of the purchase agreement; 
            4.  The project developer shall post a letter of credit in an amount equal to the amount of the blanket encumbrance; or 
            5.  Any other method which is approved by the district attorney's office.
        I.  Other requirements and standards. The department may promulgate, issue and adopt any requirements or standards, pertaining to application, registration, renewal and transfer, as deemed necessary for the purpose of carrying out the provisions of this chapter. (Ord. 403 §1 (part), 1982)
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    5.32.060 Findings of fact
    The board shall not approve an application for time-sharing unless the board finds: 
        A.  That all provisions of this chapter are met; 
        B.  That the overall design and physical condition of the time-share will not adversely affect the health, safety and welfare of the community; 
        C.  That material damage or prejudice will not result to other property in the vicinity. (Ord. 403 §1 (part), 1982)
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    5.32.070 Transferal of time-share ownership
        A.  A special use permit for time-share can be transferred by an owner to a new owner upon approval by the board. All changes in documents and marketing plans must be submitted to and approved by the county. The new owner is responsible for compliance with all original conditions that the board may wish to impose for the transferal of the special use permit, and any additional conditions which the board may wish to impose at the time of its approval of any transfer. 
        B.  The new owner must submit an application for transfer of a special use permit for time-share, which shall include the information required by section 5.32.040. (Ord. 403 §1 (part), 1982)
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    5.32.080 Registration
    All time-share conducted in Douglas County must be registered with the department. Current registration shall be required for any sales, marketing or occupancy of a time-share. Any changes in the registration must be immediately reported to the department.     
        A.  The registration must contain the following: 
            1.  A state of Nevada property report; 
            2.  A description of the property, its location and the number of time-share units; 
            3.  A certified copy of the time-share instrument, articles of incorporation, bylaws, covenants, conditions and restrictions, rules and regulations, and any documents referred to in the above; 
            4.  A list of sales offices, sales booths, or proposed places of sales solicitation; 
            5.  The name of the broker of record, and list of all sales agents and OPC's operating in Douglas County; 
            6.  The name and address of the person in the state to receive service of process; 
            7.  The name and address of the managing agent; 
            8.  A current audited financial statement, not more than ninety days old, must be filed at the time of the initial registration and at the time of any registration renewal. The statement must be prepared according to generally accepted accounting principles by a certified public accountant and signed by the developer; 
            9.  The number of purchasers who have purchased time-share intervals and the number of intervals purchased; 
            10.  Evidence that all taxes are paid current. 
            11.  A list identifying all units used for time-share occupancy and all units used for any other use other than time-share occupancy.
        B.  A filing by a developer who has only an option to purchase a property for a time-share shall not be acceptable. 
        C.  A time-share is required to renew its registration with the county annually on the anniversary date of its approval. 
        D.  The registration and renewal fee for filing time-share shall be set by resolution by the board of commissioners. 
        E.  Time-share units and time-share programs for existing units which were created in a project prior to the effective date of the ordinance codified in this chapter shall, within three months after the effective date, register with the county and comply with the provisions of this chapter, excepting sections 5.32.030, 5.32.040 and 5.32.050, unless an extension is granted by the department. 
        F.  There shall be no transferal of registration. (Ord. 403 §1 (part), 1982)
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    5.32.090 State filing
    All time-shares operating in Douglas County must be registered with the state of Nevada department of commerce, real estate division. (Ord. 403 §1 (part), 1982)
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    5.32.100 Sales or marketing
        A.  Every seller of a time-share interval shall have a broker of record who is licensed by the state of Nevada Real Estate Division and registered with the county. 
        B.  A sales agent shall have a current and valid real estate broker's or salesman's license issued by the state of Nevada Real Estate Division, or in lieu thereof, any other license required by the state of Nevada Real Estate Division for the sale of a time-share interval.     
        C.  Every broker of record, sales agent and OPC, whether an employee or independent contractor, shall obtain a work card from the Douglas County sheriff's department prior to any sales or marketing activities conducted in Douglas County. 
        D.  Off-premises contact (OPC) personnel shall observe the following:     
            1.  The OPC shall at all times be employed by a licensed real estate broker who shall also be registered as a sales agent with the county; 
                a. The sole function of the OPC shall be to contact invitees to attend a time-share sales presentation. The OPC may also schedule appointments for the invitee to attend these functions, 
                b.  The OPC shall not respond to questions regarding the time-share being promoted at the time-share presentation, or participate or conduct any portion of the sales presentation. Questions regarding the time-share shall be referred to a sales agent, and the time-share presentation shall be conducted by a sales agent,     
                c.  The OPC shall contact invitees only from the licensed real estate broker's place of business or booths operated by the broker.
            2.  The OPC shall verbally inform the invitee of the following: 
                a.  Any promised entertainment, prize, gifts, food and drinks, games or other inducement offered at the time-share sales presentation are being offered for the purpose of soliciting sales of time-share intervals in time-shares; 
                b.  The name of the time-share; and 
                c.  The name of the time-share company the OPC represents.
        E.  Location of booths and sales or presentation offices operated by the licensed real estate broker shall be in compliance with state and county laws, ordinances and rules, and shall be approved by the director of the department. Any booth or sales or presentation office not in compliance shall not be approved by the director. Information on the location of each booth or sales or presentation office shall be filed with the director on a form provided by the department. OPC booths and sales or presentation offices shall be allowed, upon approval, in the following zones and locations: C-l, C-2, C-3, ME, RH, and TC, and at the time-share site. 
        F.  Sales and marketing activities are prohibited on public property, and sales and marketing activities on private property shall occur only after written and verified permission of the property owners is submitted to the department and the director of the department has approved the location as set forth in subsection E of this section. 
        G.  An employing sales agent, including the broker of record, shall be held responsible and accountable to provide proper supervision and control over the OPC, and for any and all actions of the OPC. Failure to provide this supervision shall constitute a violation of this chapter. 
        H.  If a purchaser is offered the opportunity to subscribe to any program that provides exchanges of time-share intervals among purchasers in either the same time-share or other time-shares, or both, the developer shall deliver to the purchaser, prior to the execution of any contract between the purchaser and the company offering the exchange program, a full written disclosure including, but not limited to, the terms, conditions, fees, requirements and restrictions associated with the exchange programs. (Ord. 403 §1 (part), 1982)
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    5.32.110 Taxes, assessments and fees
    All persons recording instruments conveying time-share intervals shall designate on the instrument a single owner's association or corporation responsible for the collection of all ad valorem real property taxes, special assessments, district service fees, registration fees and renewal fees accruing each year on the parcel or parcels, real property or time-share units subject to the time-share program. That corporation or owners' association shall henceforth be responsible for the payment of all ad valorem real property taxes, special assessments, district service fees, registration fees and renewal fees occurring each year on the subject parcel or parcels or time-share units, and shall remit each year's taxes, assessments, registration fees and renewal fees to the county treasurer and service fees to the district on behalf of all the owners of time-share intervals in the subject parcel or parcels. (Ord. 403 §1 (part), 1982)
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    5.32.120 Maintenance enforcement
    If the county determines that the maintenance of the common areas of a time-share is inadequate, or that repairs are required, it shall serve written notice to the person designated to receive notice under section 5.32.080. The notice shall contain a description of the maintenance and repairs required, and a demand that they be corrected within thirty days after service of the notice. If the association or manager fails to complete the maintenance and repairs within thirty days of the service of the notice, the county may proceed to do the required maintenance and repairs, the cost of which shall become a lien upon the property of the association and/or the time-share owners. (Ord. 403 §1 (part), 1982)
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    5.32.130 Severability

    See section 1.04.060. (Ord. 222 §6, 1974)

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    5.32.140 Violations
    Any person, as defined in section 5.32.020 I, who provides false or fraudulent statements, violates any provisions of this chapter, or violates or fails to comply with any requirement, regulation or order made pursuant to this chapter is, upon conviction, guilty of a misdemeanor. In addition, the issuance of any registration, license or special use permit shall be subject to cancellation, suspension or revocation upon violation of any provision of this chapter, or upon violation or noncompliance with any requirement, regulation or order made pursuant to this chapter. (Ord. 403 §1 (part), 1982)
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