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
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
Table of Ordinances
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County Codes
Title 18 Town Annexation and Service Districts
18.04 Minden
18.04.010 Creation
18.04.020 Boundaries
18.04.030 Services
18.04.040 Town advisory board
18.04.050 Prior acts confirmed
18.04.060 Water service standards
18.04.080 Trash and garbage collection
18.04.090 Fire hydrant specifications
18.04.110 Annexation procedures
18.04.120 Water service--Requirements and procedures
18.04.130 Requirements and procedures for project review
18.04.140 Regulations for water line extensions
18.04.150 Backflow and cross connection control
18.04.160 Use, construction, repair, and maintenance of sidewalks and sidewalk easements
18.04.161 Sidewalk construction standards
18.04.162 Failure to maintain sidewalk; notice to owner
18.04.163 Commercial or noncommercial use of public sidewalks
18.04.164 Sidewalk width requirement
18.04.165 Blocking or parking on sidewalks
18.04.166 Determination by town engineer of need for sidewalk reconstruction; public hearing required
18.04.167 Standard irrigation and landscaping specifications
18.04.168 Prohibited trees
18.04.169 Financial assistance from the town for sidewalk repair

18.04.010 Creation
    A.  The Unincorporated Town Government Law, NRS 269.500 et seq., is adopted. 
    B.  Minden, Douglas County, state of Nevada, is created as an unincorporated town. (Ord. 351 §3 (part), 1980.
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18.04.020 Boundaries
    A.  The boundaries of the Town of Minden shall be all of the lands as described in Title 18: Appendix B Minden Town Boundary.
    B.  The amended boundaries shall not take effect until the plat or map incorporating the legal description inTitle 18: Appendix B Minden Town Boundary is filed with the Office of the County Recorder as prescribed in NRS 269.650. (Ord. 1367, Ord. 1243, 2008; Ord. 1157, 2006; Ord. 812, 1998; Ord. 738, 1996; Ord. 591, 1993; Ord. 561, 1992, Ord. 379 §2(part), 1981; Ord. 351 §3(part), 1980; Ord. 1243, 2008);
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18.04.030 Services
    A.  The town shall provide the following services to its residents: 
        1.  Volunteer fire and police protection systems in conjunction with county, state and/or volunteer fire and police protection systems; 
        2.  Drainage; 
        3.  Solid waste disposal; 
        4.  Parks; 
        5.  Recreation; 
        6.  Streets, alleys, sidewalks; 
        7.  Street lights; 
        8.  Water distribution; 
        9.  Acquisition, disposal, annexation or de-annexation, maintenance and improvement of town property provided the town advisory board presents any proposed acquisition, disposal, annexation or de-annexation, maintenance and improvement of town property to the board of county commissioners for review and approval.
    B.  The services enumerated in this chapter are to be administered by a town advisory board. (Ord. 351 §3(part), 1980)
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18.04.040 Town advisory board
    A.  The town advisory board shall have all those powers set forth in NRS for unincorporated towns in order to properly administer the services outlined in section 18.04.030. These powers include, but are not limited to, the setting of fees to offset the cost of the services. 
    B.  Town advisory board members shall be selected and serve as follows: 
        1.  The town advisory board shall consist of five members. 
        2.  Each member of the town advisory board shall be a resident and qualified elector in the town. 
        3.  The members of the town advisory board shall initially be appointed by the board of county commissioners from among those persons in the town who possess the qualifications required by subdivision 2 of this subsection. These appointed members shall serve until the first Monday in January, 1981. At the expiration of the appointed term, these two seats shall be filled by any resident and registered voter of the town of Minden receiving a majority of the ballots cast in the general election of November 1980, to serve a term of four years. 
        4.  Three members of the town advisory board shall initially be appointed by the board of county commissioners from among those persons in the town who possess the qualifications required by subdivision 2 of this subsection. These appointed members shall serve until the first Monday in January, 1983.
        At the expiration of the appointed term, these seats shall be filled by any resident and registered voter of the town of Minden receiving a majority of the ballots cast in the general election of November, 1982, to serve terms of four years. 
        5.  All seats on the town advisory board for the town of Minden shall, after being filled by residents and qualified voters as required by subdivisions 3 and 4 of this subsection, thereafter be filled by the individual receiving a majority of the ballots cast in the general election immediately preceding the expiration of a four-year term. 
        6.  Each town board member will assume office on the first Monday in January following his or her election. 
        7.  The members of the town advisory board may serve with compensation as set by resolution of the board of county commissioners. 
        8.  A vacancy which may occur during the term of a town board member will be filled by appointment of a qualified resident by a majority of the board of county commissioners. An appointed town board member shall serve the remainder of the term of the departed town board member. (Ord. 388 §2, 1981; Ord. 351 §3(part), 1980)
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18.04.050 Prior acts confirmed
By this chapter the board of county commissioners ratifies, confirms and approves all prior acts of the existing town board of Minden prior to the adoption of the ordinance codified in this chapter. (Ord. 351 §3(part), 1980)
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18.04.060 Water service standards
    A.  No direct taps to AC pipe mains are allowed. All main connections are to be with service saddles. For services larger than on inch, a double strap is required. Saddles must be Ford or town-approved equivalent. Saddles must be tapped for C.C. threads or I.P.S. threads. 
    B.  Corporation stop must be compatible with polyethylene plastic pipe iron pipe size. Corporation stops having C.C. threads must be used with saddles having C.C. threads. Corporation stops having I.P.S. threads must used be with saddles having I.P.S. threads.
Approved corporation stops 3/4" and 1" are as follows:
        Ford Type F600 C.C. X Copper Flare
        Type F700 I.P.S. X Copper Flare
        Mueller H-15005 C.C. X Insta-tite
        H-15026 I.P.S. X Intsa-tite
        H-15009 C.C. X Mueller 110 Compression
        H-15029 I.P.S. X Mueller 110 Compression
        H-1500 C.C X Copper Flare
        H-15025 I.P.S. X Copper Flare 
    C.  Polyethylene pipe I.P.S. with either a 160 psi or 200 psi rating is required. 
    D.  Mueller/McCullough Thermal Coil meter boxes containing 1 each angle meter stop with lock wing and 1 each meter coupling are required. Minimum depth of box is 30". 15" diameter box for single 5/8" X 3/4" meters 18" diameter box for single 1" meter or tandem 5/8" X 3/4" meters. For more specifics contact Minden Town office. 
    E.  A one-inch schedule 80 PVC spool or a one-inch schedule 40 bronze spool must used in place of 5/8" X 3/4" meters. A 1-1/4-inch schedule 80 PVC spool or 1-1/4" inch schedule 40 bronze spool must be used in place of one-inch meter. 
    F.  All customers must provide their own shut-off valve downstream of the Town's shut-off valve. 
    G.  Services larger than one inch must be reviewed and approved by the town engineer before construction. (Ord. 513, 1990; Ord. 370 §1, 1981)
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18.04.080 Trash and garbage collection
    A.  Residential. 
        1.  Trash and garbage collection by the town is mandatory for all residential areas within the boundaries of the town of Minden. Regardless of the party to whom bills are normally sent by the town, the duty to pay for trash and garbage collection service belongs to the record owner of the parcel of real property to which the town provides the trash and garbage collection service. Unless prior arrangements are made in writing and signed by both the record owner of the parcel to be served and an authorized representative of the town, the town will send all bills to the last known mailing address of the record owner shown annually on the Douglas County Assessor's rolls. 
        2.  Containers. Only curbside carts provided to each customer by the town may be used by customers for town trash and garbage service. Curbside carts are available in the following sizes: 65 gallons, and 105 gallons. Only trash contained within curbside carts will be collected, except on the third week of the month, as explained in paragraph 6 below. 
        3.  A limit of 4 curbside carts may be used by a single residence, provided that all trash and garbage in those containers originates at the residence being served by the town and further provided that the residence is not also serving a commercial use. 
        4.  Trash and garbage will be collected at least one time each week. 
        5.  Deleted 
        6.  Extra residential trash will be picked up on the third pickup day of every month on the regular day of service. Extra trash must be placed in plastic bags of at least 30-gallon size and must not exceed 50 pounds or the capacity of the curbside cart, whichever is less.  Branches may be placed out as extra trash and garbage if properly bundled.  
        7.  Any discarded kitchen appliance or other item of refuse being disposed of which contains Freon or any similar gas will be picked up by the town and disposed of only after prior arrangements are made through the town office. The charge for this service will be the price set forth on the town's current schedule of rates for trash and garbage collection or the actual cost to the town, including the processing charge, whichever is greater. 
        8.  a. Yard waste, including grass, leaves, weeds and small prunings, may be disposed of by taking part in the town’s green waste program.  This is an optional program for customers who choose to take part in the special pickup of yard waste and is available for no extra charge.  Green waste is collected once a week.  Brown curbside carts are provided to each resident for the sole purpose of collecting green waste.  Owners of residential lots larger than one-half acre may request up to four (4) brown curbside carts for the collection of green waste.  Definition of Green Waste: Lawn clippings, leaves, thatch, straw, livestock bedding, horse and cow manure, wood chips, saw dust, branches, prunings, brush, weeds, pallets, and, except as noted immediately hereafter, refuse of similar, natural composition.  Materials that will not be picked up as yard waste include household trash and garbage, plastic, rocks, dirt, sod, concrete, treated wood, septic waste, bio-solids, and pet feces.
            b.  Contamination of green waste is cause for discontinuance of green waste service.  A resident who disposes of unacceptable items in the resident’s green waste containers will receive a written warning from the town by U.S. mail.  Three repeated offenses occurring in one year will be grounds for termination of green waste service to the customer whose premises are found in noncompliance with this regulation.  Violators will receive a certified letter notifying them that a violation has occurred. 
        9.  Not more than twice each year, conditioned upon availability, a dumpster will be provided free of charge to any residential customer for seven (7) days and emptied all seven (7) days, as necessary.  After the initial seven (7) days, the standard rate will be charged each time the dumpster is dumped.   
    B.  Commercial. 
        1.  Garbage collection by the town is mandatory for all commercial entities with the town of Minden except tire stores, who may haul their own used tires, and medical-care providers, who must have their medical waste picked up and disposed of in accordance with federal and state law and regulations.  Regardless of whether the customer uses the trash and garbage collection service, the minimum charge set for the in the town’s currently applicable Schedule for Trash and Garbage Collection will be assessed according to the town’s currently applicable Schedule for Trash and Garbage Collection.  Irrespective of the party to whom bills are normally sent by the town, the duty to pay for trash and garbage collection service belongs to the record owner of the parcel of real property to which the town provides the garbage collection service.  Unless prior arrangements are made with the town office in writing and signed by the record owner of the parcel to whom the town provides the service and an authorized representative of the town, the town will send all bills to the last known mailing address of the record owner to whose parcel service is being provided as shown annually on the Douglas County Assessor's rolls. 
        2.  Except as provided for in this section, the town will provide dumpsters for all commercial areas served.  Trash and garbage collection will be scheduled by the customer with the town staff and will occur when required.  The town reserves the right to enter into an agreement with a third party to serve any customer, such as one with a large trash compactor, whose garbage or trash collection needs exceed the town's ability to meet such a need.  In such a case, the town reserves the right to charge the customer the actual rate charged to the town in addition to the town's reasonable overhead processing charges. 
        3.  All new commercial customers using dumpsters must provide enclosures approved by the town. Existing customers without enclosures must construct enclosures when the parcel of real property upon which their business is located is zoned differently, granted a special use permit, remodeled or added to, or sold or otherwise transferred to a new owner. 
        4.  Commercial customers are responsible for the maintenance of dumpster enclosures.  Enclosures must be kept clean and sanitary.  Excessive trash and garbage must not be allowed to accumulate in the enclosure area.  No medical waste or hazardous materials may be deposited in any trash or garbage receptacle or enclosure.  Enclosures must not be used as storage areas or for any purpose other than containing dumpsters.  All gates and latches must be maintained in safe and proper working order.  When snow conditions exist, all snow must be removed from in front of and inside the enclosure by 9:00 a.m. on the day of service.
     When enclosures do not meet the above requirements, the dumpsters within or near them will not be dumped and the refuse in the vicinity will not be picked up by the town until the problems are remedied and the customer calls the town office requesting a call back for reinspection of the premises and the town’s representative certifies that the customer’s parcel meets the conditions for trash and garbage pickup.  In such cases, a reasonable call-back fee will be charged.
     If any trash-collection customer of the town willfully disposes of, or willfully allows others to dispose of, any medical waste or hazardous material in violation of any federal, state or local law or ordinance defining those terms, the town, after public hearing at which the customer alleged to be in violation may present evidence in its defense, may impose a daily fine or penalty against the customer, in accordance with the town’s current Schedule of Rates for Trash and Garbage Collection, in addition to any fines or penalties imposed by other federal, state or local authority, until compliance is achieved.  
        5.  The town reserves the right to charge a fee not to exceed twice the normal collection rate for dumpsters that are excessively overloaded.  Dumpsters are excessively overloaded when the lid cannot come within 12 inches of closing.  For the amount set forth in the town’s currently applicable Schedule of Rates for Trash and Garbage Collection, extra pickups will be made upon request within 24 hours of the town’s acknowledgment of receipt of the request. 
        6.  Warning: a dumpster on wheels is a dangerous instrumentality; it may cause injury to property or persons during periods of high winds or inappropriate use. Customers should keep dumpsters securely in place within approved enclosures, behind latched gates, to avoid possible accidents and ensuing liability. 
        7.  Two-yard dumpsters will be provided to commercial customers, including contractors, on a temporary basis.  A monthly no-activity fee will be charged for such dumpsters according to the town’s currently applicable Schedule of Rates. 
    C.  Rates. 
        1.  The town board will establish collection rates for residential and commercial uses.  New rates will take effect July 1 of each year after public hearings conducted in two consecutive months during regular town board meetings.  Until rates are revised, the town’s currently applicable Schedule of Rates for Trash and Garbage Collection will continue to apply.  Rates must be written and available for public inspection and reproduction on request.  The town may assess a reasonable photocopy charge for extra copies of the town’s currently applicable Schedule of Rates for Trash and Garbage Collection. 
        2.  Upon at least 30 days' advance public notice, the town board may change the rates as required to meet the expenses and budget requirements of the trash and garbage enterprise fund. 
        3.  All revenues must be placed in the trash and garbage enterprise fund and used solely for indirect and direct costs related to the fund. 
        4.  Billing intervals and procedures must be established by the town board at a regularly scheduled meeting. 
        5.  After town water service is discontinued for nonpayment of trash or water bills, it may be restored pursuant to the provisions of 18.04.120(G).
    D.  Penalties for nonpayment of bills. 
        1.  Any bill not paid within 30 days of presentation is delinquent. 
        2.  A penalty of one percent (1%) per month on principal shall be imposed on delinquent bills for each 30-day period, or portion thereof, that a bill remains unpaid. 
        3.  Any customer who has a bill or a portion of a bill that is 60 days or more delinquent shall have water service disconnected to the customer’s premises, and a lien for all delinquent sums may be placed upon the parcel of real property receiving water service by recording a claim therefor in the official records of Douglas County, Nevada.  The town shall send a written notice of the filing of the lien claim to the record owner of the property.  The record owner is the person or entity in whose name title to the real property is shown on the official records of Douglas County, Nevada.  The lien may be foreclosed by filing and litigating an action against the property and its owner in small claims court or justice court for the East Fork Township in the manner provided in chapter 108 of the Nevada Revised Statutes for foreclosing a mechanic’s lien, or, if the amount owing is within the jurisdiction of the district court, by filing and litigating such an action, in the same manner, in the Ninth Judicial District Court of the State of Nevada in and for the County of Douglas.  The town shall be entitled to reasonable compensation for attorney’s fees and costs incurred by the town in all collection and lien foreclosure actions it initiates under this ordinance. 
        4.  Payments shall be applied first to late interest charges, with the balance being applied to the principal most in arrears. 
        5.  After water service is discontinued for non-payment, it may be restored pursuant to the provisions of section 18.04.120(G) 
    E.  Definitions.
    As used in this section and chapter of the Douglas County Code: 
        1.  “Medical waste” has the meaning as ascribed to it in 49.C.F.R. Part 173, Appendix G “Definition of Regulated Medical Waste,” as amended. 
        2.  "Hazardous material" means any substance: 
            a.  The presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or 
            b.  Which is or becomes defined as a hazardous waste, hazardous substance, pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 6901 et seq.); or 
            c.  Which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, thethe State of Nevada, or any political subdivision thereof; the Underground Storage Tank Act (42 U.S.C. section 6991 et seq.); the Toxic Substances Control Act and the Clean Water Act (33 U.S.C. section 301 et seq.); all applicable provisions of the Nevada Revised Statutes, or 
            d.  The presence of which on the premises causes or threatens to cause a nuisance upon the premises or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the premises; or 
            e.  The presence of which on adjacent properties could constitute a trespass by a Lessee; or 
            f.  Without limitation which contains gasoline, diesel fuel or other petroleum hydrocarbons other than in vehicles accessing the premises for normal business purposes; or 
            g.  Without limitation which contains polychlorinated bipheynols, (PSCs), asbestos or urea formaldehyde form insulation; or 
            h.  Without limitation which contains polyclorinated bipheynols (PSBs), asbestos or urea formaldehyde form insulation. (Ord. 958, 2001; Ord.679, 1995; Ord. 556, 1992; Ord. 429 §1, 1984; Ord. 368 §1, 1981) 
    F.  Application for service.  A signed application form is a written request for service.  Filing such an application does not bind the applicant to take service for a period longer than that upon which the monthly service charge is based; neither does it bind the town to serve except under reasonable conditions.  Each applicant for service shall be required to sign, on a form provided by the town, an application which shall set forth:
        1. Date of application;
        2. Name of applicant;
        3. Location including physical address of premises to be served and whether size of parcel is less than one-half acre;
        4. Initial number of curbside carts requested;
        5. Date applicant will be ready for service;
        6. Whether the premises have theretofore been supplied with water service by the town;
        7. The number of dwelling units, if any, already being served and the number of dwelling units to be served;
        8. Address to which bills are to be mailed or delivered; and
        9. Whether the applicant is the owner, tenant of, or agent for the premises and, if tenant or agent, the name of the record owner of the property.     
    G.  The town board may make available to the residential and commercial customers of the town’s garbage collection service a program for the separation at the source of recyclable material from other solid waste originating from residential and commercial premises and public buildings where trash and garbage collection services are provided for the collection of solid waste. (Ord. 1282A, 2009; Ord. 1255, 2008; Ord. 958, 2001; Ord.679, 1995; Ord. 556, 1992; Ord. 429 §1, 1984; Ord. 368 §1, 1981)
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18.04.090 Fire hydrant specifications
    A.  Fire hydrants installed in the town of Minden shall meet the following standard specifications in any public or private works construction: 
        1.  Hydrants shall be of the "dry barrel" design. 
        2.  Hydrants will have a minimum 150 p.s.i working pressure. 
        3.  The inside diameter of the barrel of any fire hydrant shall not be less than seven inches. 
        4.  The operating nut shall be covered by a weather shield. 
        5.  The operating nut of each fire hydrant shall open to the left (counter-clockwise) and shall be of the pentagon shape, one and one-half inches point of the nut to the flat portion of the nut. 
        6.  The design of the fire hydrant shall not include any aluminum components on interior sections of the hydrant. 
        7.  The fire hydrants shall be equipped with an oil reservoir. 
        8.  The operating mechanism in the top of the hydrant shall be of the "dry type" and be sealed with "O" rings. Any lubricant lost during shipping and storage is to be replaced prior to the time that the fire hydrant is installed. The top or "bonnet" shall be attached with bronze or iron threads. 
        9.  Nozzle outlets must be of a minimum of 18 inches from the ground level to the flange. 
        10.  There shall be two hose nozzles, size two and one-half inches N.S.T., and one steamer (pumper) nozzle size four and one-half N.S.T. Nozzle caps are to be chained to the hydrant barrel, and have pentagon wrench lugs. All nozzles must be threaded into the barrel or caulked with lead. 
        11.  All hydrants must be guaranteed to deliver 600 g.p.m. at 150 p.s.i. from the steamer nozzle, friction loss in the hydrant not to exceed two and one-half pounds at 150 p.s.i. Each two and one-half inch nozzle must deliver 250 g.p.m. with a friction loss not more than two pounds at 150 p.s.i. All hydrants must have written guarantees. 
        12.  All hydrants must be designed so that the upper barrel may be rotated 360 degrees. 
        13.  Hydrants shall be constructed so that extensions in multiples of six inches may be added to raise the upper barrel. 
        14.  Hydrants are to be of the "traffic design," so that a breaking point shall be provided at or near the ground level. They must be guaranteed to break away without damage to the hydrant barrel, the valve stem or the main valve. The main valve shall be constructed so that it will not open if the hydrant is knocked from its installation place. 
        15.  The design is to include bronze facing seat rings. 
        16.  Hydrants are to be of a low profile design, with nozzle caps to be supplied with non-kinking type chain securely attached to the hydrant body. 
        17.  The main valve shall close with the water pressure. All working parts, including the main valve and seat ring, are to be completely removable through the top of the hydrant. The main valve is to be bronze and the facing against the seat shall be rubber. 
        18.  Two drain openings must be provided to drain the barrel completely when the hydrant is closed.
        19.  The inlet connection shall be mechanical or ring-tight design with two strapping lugs. The connection is to be for a six inch water pipe. 
        20.  Painting for the above ground hydrant body shall have a suitable prime coat followed by not less than two coats of chrome yellow high gloss enamel, as recommended by Pamphlet No. 291 of the National Fire Protection Association. 
        21.  The fire agency and water system having jurisdiction shall approve the type, style, model and manufacturer of all fire hydrants prior to their installation. 
        22.  Installation of fire hydrants shall be to specification as indicated in the county "Standard Details for Public Work Construction" drawing number 3-1.1(307).
    B.  Fire hydrant use. 
        1.  No person shall use or operate any hydrant or other valves installed on any water system within the town of Minden intended for fire suppression purposes unless approval has been granted by the fire chief or the local jurisdiction controlling water systems. 
        2.  Persons operating the fire hydrants shall use only an approved tool to open and close the operating nut.
    C.  Punishment for violations. 
        1.  Persons violating the above items are subject to the impoundment of equipment and appurtenances and a fine of $100 for the first offense, and impoundment and a fine of $250 for each successive violation. 
        2.  This section does not apply to the use of a hydrant or valves by persons employed by Douglas County, the town of Minden, its water company or any fire department personnel. (Ord. 587, 1993; Ord. 579, 1992)
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18.04.110 Annexation procedures
Those areas, including subdivisions, which are adjacent or contiguous to the existing boundaries of the town of Minden, and which are in need of being provided with the services enumerated in section 18.04.030 may be annexed to the town under the procedures set out in section 18.01.010. (Ord. 553 §3, 1992; Ord. 446, 1986)
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18.04.120 Water service--Requirements and procedures
The residents of the town of Minden (sometimes referred to as the "town") and the duly elected, or appointed, members of its governing body, i.e., the Minden town advisory board ("town board"), believe that the ordered growth, maintenance of scenic beauty, and quality of life of the town of Minden can only be achieved by the careful husbandry of the town natural resources and the provisions of a well-maintained, properly managed public utility infrastructure.
To perpetuate the continued availability of water resources to the town and its residents, and to insure ample water supplies for the use and enjoyment of future generations the town board does recommend, and the Douglas County board of commissioners does hereby enact, the following ordinance relating to the requirements and procedures for qualifying for water service within the town of Minden. 
    A.  Description of service. 
        1.  Connection: The town will supply water at the customer's service connection line, provided the customer's service connection is made at an existing town distribution line. 
        2.  Area Served. The town will provide water service within the town of Minden. No other areas will be served except upon special authorization therefor by the town board.
    B.  Application for service. A signed application form is a written request for service. Filing such an application does not bind the applicant to take service for a period longer than that upon which the monthly service charge is based; neither does it bind the town to serve except under reasonable conditions. 
        1.  Each applicant for service shall be required to sign, on a form provided by the town, an application which shall set forth:
            a.  Date of application; 
            b.  Name and social security number of applicant; 
            c.  Location of premises to be served;
            d.  Size and location of water resources; 
            e.  Date application will be ready for service; 
            f.  Whether the premises have theretofore been supplied with water by the town; 
            g.  Purposes for which water service will be used: e.g. residential, commercial, etc.; 
            h.  The number of dwelling units, if any, already being served; the number of dwelling units to be served; 
            i.  Address to which bills are to be mailed or delivered; 
            j.  Whether the applicant is the owner, tenant of, or agent for the premises and, if tenant or agent, the name of the record owner of the property.
        2.  Neither the filing of the application nor the depositing of any sum of money by the applicant shall mandate the town to render service before such time as may reasonably be required by the town to install the required service facilities. 
        3.  Two or more parties who join in one application for service shall be jointly and severally liable for payment of bills and shall be billed by means of single, periodic bills. 
        4.  A customer making any material change in the size, character or extent of the equipment or operations for which the town's service is utilized shall immediately file a new application for such changed or additional service.
    C.  Billing for payment of rates and charges. The town shall bill the record owner of any property provided service for the payment of the rates and charges specified in this ordinance; provided, however, that the town may bill a lessee or lessees obligated to pay such rates and charges upon written request for such a special billing arrangement being made with the town secretary or executed by both the record owner and the lessee of the property provided service. The rates and charges shall constitute a charge against the record owner and the real property irrespective of the person billed therefor or requested to be billed therefor. 
    D.  Rates for water service: 
        1.  Water service rates. Initial rates for commercial and residential water service, for connection to the town water system and inspection, and for commercial and municipal swimming pools, schools (including athletic fields), and open areas were adopted by the town board in February of 1985; amended rates were adopted by the town board in August of 1989; the amended rates are ratified by the adoption of this amended ordinance. These rates may be changed from time to time by the affirmative vote of at least three of the members of the town board, after the board has given at least 30 days public notice, which notice shall be published in a newspaper published in Douglas County, Nevada, having a general circulation within the town and following a public hearing before the town board. It shall not be necessary for the board of commissioners to consider such amendments, although, in the case of an allegedly unjustified rate change, any aggrieved person with standing may appeal the rate change to the board of commissioners by filing a notice of appeal with the board of county commissioners not later than ten days after the town board enacts any change in the water rates. For good cause shown the board of commissioners, after a hearing before the board, may substitute a new, reasonable rate for the rate enacted by the town board if the board of commissioners finds the new rate to be arbitrary or unreasonable. 
        2.  Open areas. Open areas shall be defined as all areas defined as "common areas" or "open space" or "open areas" or "public areas" in subdivision or parcel maps or in declarations of conditions, covenants and restrictions applying to condominiums, townhouses, patio homes, planned unit developments and similar developments where homeowners share ownership in common areas, where such areas exceed 10,000 square feet in coverage. 
        3.  All newly-constructed commercial swimming pools, municipal swimming pools, schools (including athletic fields), open areas, and all other users described in classes C-l through and including C-S on the town's current rate schedule must install water meters of a design and specifications approved by the town board (copies of the design and specifications are available at the town office) at the sole cost of such users, and they shall be charged the metered rates indicated on the town's current rate schedule when these users commence taking water service.
    All existing commercial swimming pools, municipal swimming pools, schools (including athletic fields), open areas and users described in classes C-l through C-5 on the town's current rate schedule shall be charged the metered rates effective the first month after the town of Minden has completed installation of the meter at all such premises within the same class or category at the expense of the town of Minden.
    E.  Penalties for nonpayment of bills. 
        1.  Any bill not paid within 30 days of presentation is delinquent. 
        2.  A penalty charge of ten percent shall be imposed on past-due bills for each 30 day period, or portion thereof, that a bill remains unpaid. 
        3.  Any customer who has a bill or a portion of a bill that is 60 days past due shall have water service disconnected pursuant to subsection G (3) of this section, and a lien for all delinquent sums may be placed upon the property receiving water service by recording a claim therefor in the official records of Douglas County, Nevada. The town shall send a written notice of the filing of the lien claim to the record owner of the property. The record owner is the person or entity in whose name title to the property is shown on the official records of Douglas County, Nevada. The lien may be foreclosed by filing and litigating an action against the property and its owner in small claims court or justice court for the East Fork Township or, if the amount owing is within the jurisdiction of the district court, by filing and litigating such an action in the Ninth Judicial District Court of the State of Nevada in and for the County of Douglas. 
        4.  Partial payments shall be applied to the most recent charges, and remaining arrearages shall continue to accrue interest and penalties.
        F.  Notices. Notice to a customer must generally be in writing and must personally be delivered or mailed to the customer's last known address. A customer must ordinarily notify the town in writing at the town office. In emergencies, or when truly compelling circumstances so warrant, the town or a customer may make such notification orally, either in person or by telephone. 
    G.  Discontinuance and restoration of service. 
        1.  Discontinuance of service by Customer - Nonemergency. 
            a.  A customer may have service discontinued by giving not less than five days advance notice of such request to the town. Charges for service must be paid through the date of the requested discontinuance or such later date as will provide not less than the required five days advance notice to the town. When such notice is not given, the customer may be required to pay for service through a period of five days after the town has received actual knowledge that the customer has vacated the premises or has otherwise discontinued water service. 
            b.  A customer may request to have service temporarily discontinued at any time. If the request can be granted by the town without incurring a claim for employee overtime, the town will disconnect and, if possible reconnect the service at no charge. Otherwise, the customer will be billed the service charge indicated on the town's current rate schedule.
        2.  Discontinuance of service by customer--emergency. When an emergency discontinuance is requested by the customer for such reasons as leaks, burst pipes, and the like, the town will make every effort to shut off the service as quickly as possible. In an emergency which occurs during normal work hours, no charge will be made for visits to shut off the service and to restore the service. In an emergency which occurs after normal work hours, the town reserves the right to impose the service charge indicated on the town's current rate schedule. 
        3.  Discontinuance of service by town--wasting water. 
            a.  Noncompliance with ordinance. The town may discontinue service to any customer for violation of this ordinance after it has given the customer at least five days written notice of such intention. Where the safety of the water supply is endangered, service may be discontinued immediately, without notice to any customer. 
            b.Where water is being wasted on or about a customer's premises, the town may discontinue the service if such waste is not curtailed within five days after the town has given the customer written notice to curtail such waste. Waste shall be defined as the willful and wanton disregard of the encroachment of running water onto town property or town rights-of-way or onto property not owned by the customer or the customer's landlord where such encroachment persists for a period longer than four hours continuously. 
            c.  Unsafe apparatus; service detrimental to the town or its customers. If any unsafe or hazardous condition is found to exist on the customer's premises, or if the use of water thereon by apparatus, appliances, equipment or any other device is found to be detrimental or damaging the town or its customers, the town may discontinue the service without notice. The town must notify the customer as soon as reasonably possible of the reasons for the discontinuance and the corrective action to be taken by the customer before service will be restored. 
            d.  Fraudulent or improper use of service. When the town has discovered that a customer has obtained service by fraudulent or other improper means, or has diverted the water service for unauthorized use, the service to that customer may be discontinued without notice.
        4.  Restoration of service. 
            a.  Reconnection Charge. 
                i.  Reconnection following customer requested disconnection. Where service has been disconnected at the request of a customer, service shall be reconnected by the town, upon payment to the town of the reconnection charge indicated on the town's current rate schedule. 
                ii.  Reconnection following involuntary disconnection for general noncompliance with ordinance. Where service has been disconnected by the town because the customer has violated any provision of this ordinance, other than through the circumstances described in section 18.04.120 G 4 (a) (3), service shall be reconnected by the town during normal business hours, upon payment to the town of the reconnection charge indicated in the town's current rate schedule. 
                iii.  Reconnection following involuntary disconnection for fraud, improper use, improper diversion. Where service has been disconnected by the town because the customer obtained the service through fraudulent or other improper means or diverted the water service for an improper use, the town must not restore service to such customer until that customer has complied with all ordinances and reasonable requirements of the town and the town has been reimbursed the full amount of the service rendered and the actual cost to the town incurred by reason of the fraudulent use, together with reasonable attorney's and engineering fees incurred by the town in arresting the improper use, and the customer, additionally, has posted with the town a cash deposit in the sum of $100 which the town shall keep on deposit, interest free, for a period of two years after reconnecting that customer. The deposited funds maybe used by the town to pay delinquent charges or penalties if any such charges accrue in the future.
            b.  Time of day for restoring service. The town will endeavor to make reconnections during regular working hours on the day of the request, if conditions permit; otherwise, reconnections will generally be made on the regular working day following the day the request is made. When a customer requests that the reconnection be made during other than regular working hours, the town shall attempt to comply with the customer's request but shall be under no obligation to do so.
        2.  Refusal to serve. Conditions for refusal. The town may refuse to provide service under any of the following conditions: 
            a.  If the applicant willfully fails to comply with this ordinance. 
            b.  If the intended use of the service is of such a nature that it will be detrimental or injurious to existing customers. 
            c.  If, in the judgment of the town board, the applicant's service installation is unsafe or hazardous or subject to freezing or of such a nature that satisfactory service cannot be rendered. 
            d.  Where service has been discontinued for fraudulent use, the town must not serve an applicant again until the customer has complied with all ordinances and reasonable requirements of the town, including making a $100 deposit as indicated in subsection G (4) (a) (3) of this section, and the town has been reimbursed the full charge for the service rendered and the actual cost to the town incurred by reason of the fraudulent use, including attorney's fees and engineering fees.
    H.  Permit required for connection and construction. 
        1.  Connection. Connection to the town's water system shall only be made after the issuance of a water permit by the town. 
        2.  Construction. 
            a.  No person, other than employees of the town, persons contracting to do work for the town, or maintenance workers of the town, shall construct or cause to be constructed, or alter or cause to be altered, any public main, service connection, service piping, water pumping facility, or surface water diversion structure of the town or other water facility within the town which would allow connection to the town's facilities, without first obtaining approval of water facilities construction plans from the County of Douglas, obtaining a construction permit therefor, and complying with all applicable federal, state, county and Town statutes, ordinances and codes. 
            b.  The applicant shall submit to the town for approval construction plans and such specifications and other details as may be required to describe fully the proposed construction. The town may require that the plans be prepared under the supervision of and be signed by an engineer of suitable training registered in the State of Nevada. 
            c.  Plans for construction will not be approved by the town for any facility which would constitute a cross-connection.
    I.  Application for building permit required before issuance of water permit. 
        1.  No water permit shall be issued for a parcel of land unless and until application has been made for a building permit for construction upon the same parcel. Exception: notwithstanding the above, the town may issue a water permit prior to an application for building permit, for good cause appearing, e.g. to serve agricultural or horticultural uses. 
        2.  In the event that a building permit is revoked or expires for any reason prior to the completion of the structure described in the building permit, the water permit shall be void and of no effect. Upon application by the permittee, the town shall refund all fees paid for the water permit, without interest.
    J. Waiver of connection and tapping charges. 
        1.  When, after due inquiry and in the opinion of the board, a residential, commercial or industrial structure being served by a domestic well as defined by chapter 534 of NRS is being adversely affected by pumping from a town owned well, the board shall hold a hearing on the matter at the next regularly scheduled meeting of the board. At the hearing, the board shall, in its discretion, decide whether to waive connection and tapping fees. The board shall consider, among other relevant information, the size, age, depth, and mechanical soundness of the domestic well and its proximity to existing or proposed town wells. If, based upon all of the evidence presented, the board finds that the domestic well is being adversely affected by pumping from a town well, the board may authorize the waiver of connection and tapping fees. 
    2.  The board may also waive connection and tapping fees where the town would be benefitted thereby. It is the intent of this section to authorize the board to waive connection and tapping fees as part of the consideration or as total consideration given in a valid contract with another person. The board may grant such a waiver only after a public hearing on the matter and after finding that this part of the contract is more beneficial to the town than charging the connection fee would be.
    K.  Disputed bills; testing of meters.  Customers with disputes concerning bills may appeal their bills to the town board at any scheduled board meeting. Appeals from decisions of the town board may be taken to the justice court of East Fork Township.
The town will test a customer's water meter at no charge to the customer not more often than once each year where the customer in writing addressed to the town board objects to a meter reading within ten days of receiving a periodic statement from the town for water service. (Ord. 513, 1990; Ord. 466 §1, 1987)
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18.04.130 Requirements and procedures for project review
    A. All persons or entities or combinations of persons or entities proposing to develop projects described in section B, infra, within the town of Minden must apply to and receive consideration from the town advisory board before commencement of construction of the proposed project. 
    B.  Projects contemplated by this ordinance shall include the following: 
        1.  Parcel maps; 
        2.  Subdivisions; 
        3.  Planned unit development; 
        4.  Commercial building or construction; 
        5.  Industrial building or construction; 
        6.  Public use building or construction; 
        7.  Parking lots; 
        8.  Parks or improved open space areas; 
        9.  Drainage projects; 
        10.  Mobile home parks or subdivision; 
        11.  Apartment, condominium, or townhouse projects with two or more dwelling units; 
        12.  Any additions or alternations of any of the above projects which require county design review; or 
        13.  Signs and signage. 
    C.  The town advisory board shall review each project at a duly noticed public hearing for its impact on town services, including but not limited to, streets, alleys, sidewalks, street lighting, drainage, fire protection, parks, recreation, and solid waste collection. Following the public hearing the town advisory board shall make its recommendation to the board of commissioners for approval, denial or conditional approval. The town advisory board may recommend the applicant mitigate such impact by construction of facilities, dedicating land, or paying in-lieu fees as are reasonably required to serve the proposed project. 
    D.  Each applicant must pay to the town of Minden at the time of filing a minimum fee of $75.00. In addition to the above deposit, each applicant shall reimburse the town of Minden for all special expenses reasonably incurred by the town advisory board, its staff, and consultants, including, but not limited to, legal and engineering expenses, in the process of reviewing the project. The town advisory board shall approve the fees charged. 
    E.  Each applicant shall supply any additional information reasonably required by the Town Advisory Board to determine the financial liability, the aesthetic quality, and the engineering adequacy of the proposed development. (Ord. 585, 1993; Ord. 578, 1992)
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18.04.140 Regulations for water line extensions
    A.  General requirements. Any applicant who wishes to have water service extended to a parcel not currently served by the town of Minden must apply for that service by writing a letter to the town board setting forth that request and must submit plans to the town engineer for approval. Thereafter, the applicant must make proper arrangements to and appear before the Minden town board at a regularly scheduled meeting at which time the applicant's request for line extension will be considered and decided. Upon approval of the applicant's request, the applicant will deposit with the town either a letter of credit or cash equal to 150% of the estimated cost of the water main extension. Unless otherwise determined by the town, the extension shall be constructed by the applicant and payment shall be made from the applicant's deposit, after completion of the extension, final inspection and acceptance by the town engineer of the line extension. 
    B.  Main extension charges. Applicants for a water main extension are responsible for payment of the entire cost of the extension. The size of the line will be determined from the town water distribution system plan, but in no case shall the line be of a size or capacity less than that necessary to provide adequate fire protection for the property being served. 
    C.  Dedication of facilities. Any facilities installed pursuant to this rule become the property of the town, after they have been inspected and approved by the town. 
    D.  Manner of extension. Applicants extending a water main shall extend the main along the entire frontage of the applicant's parcel unless it is found by the town engineer to be physically impractical or unnecessary to do so. Applicants shall be required to construct all lines in compliance with the town of Minden water distribution system plan as approved by the board from time to time. A copy of the most recent Water Distribution System Plan is available at the town offices during business hours. 
    E.  Each applicant is entitled to reimbursement of a proportional share of the cost of the line extension. Owners of parcels connecting to the water main extension shall reimburse the original applicant a sum of money derived by multiplying the original cost of the line extension without accrued interest, by a fraction in which the numerator is the acreage of land to be served under the new application and the denominator is the total potential land area within the existing subdivision or geographical area served by the water main extension. This sum must be paid by the new applicant directly to the original applicant before the newly connecting owner connects to the water main. Any disputes concerning the proper interpretation of this rule will be resolved, upon proper notice and hearing, by the town board. 
    F.  The town secretary shall reimburse to applicant any monies from the original deposit not expended on the water main extension, without interest. 
    G.  New applicants to connect to a water main shall be responsible for determining to whom and in what amount to pay reimbursement of water main extension costs. Original applicants shall also be responsible for notifying subsequent applicants of their duty to contribute to the cost of the water main extension. The town shall never be held liable for the failure or refusal of any applicant to request or to pay proportional reimbursement to any other applicant or to pay any sum to any participant in the line-extension process. (Ord. 555, 1992)
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18.04.150 Backflow and cross connection control
The provisions of Appendix E of Title 20 are adopted for the town of Minden water system. The Minden Town Board may adopt such further regulations for enforcement and compliance as it deems appropriate. References in Appendix E of Title 20 to “County” shall include and are effective in the town of Minden and the town of Minden water system. (Ord. 880, 1999)
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18.04.160 Use, construction, repair, and maintenance of sidewalks and sidewalk easements
    A.  An owner of property within the town shall maintain, reconstruct or repair the public sidewalk on his property or in a public right-of-way that abuts his property as provided herein. 
    B.  The town of Minden reserves the authority to impose assessments or other charges for reconstruction or repair of sidewalks in public rights-of-way in the manner provided by law. 
    C.  Construction, reconstruction, or repair of sidewalks, whether within or outside a public right-of-way, shall be required as a condition of development approval or change of land use 
    D.  Any owner of property within the town is responsible for the following: 
        1.  The repair and reconstruction of a public sidewalk on his property or in the public right-of-way that abuts his property if the owner caused the need for such repair or reconstruction. 
        2.  The general maintenance of a public sidewalk on his property or in the public right-of-way that abuts his property, including, without limitation, sweeping, removing snow, ice, debris and other obstructions to safe pedestrian passage, as needed; removing weeds and filling cracks, as needed; grinding down bumps in the sidewalk where such grinding can be done without damaging or destroying the traveled surface of the sidewalk; and trimming, pruning and controlling limbs and roots of any grass, shrubs or trees that encroach on the sidewalk.
    E.  The owners of all commercial property must remove snow from the sidewalk on or abutting their property within twelve hours after the cessation of each snowfall. 
    F.  This ordinance does not enhance or diminish the liability of the owners of any property to any person injured as a result of the failure of the owner to abide by the requirements of this section. (Ord. 1072, 2004)
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18.04.161 Sidewalk construction standards
The Douglas County design standards for construction of sidewalks are adopted by the town, with the additional requirement that all sidewalks be constructed with fiber-reinforced concrete. The town may elect to upgrade its sidewalks in certain portions of the historic areas of Minden. In the event that reconstruction is required pursuant to Section 18.04.160(D) (1), the cost of any reconstruction or repair of the sidewalks shall be borne proportionately by the abutting landowner and the town, with the abutting landowner being responsible for that portion of the expense he would have borne had the standard, as opposed to upgraded, sidewalk section been constructed abutting his property, and with the town bearing the balance of such expense. (Ord. 1072, 2004)
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18.04.162 Failure to maintain sidewalk; notice to owner
    A.  If the owner of property does not comply with this ordinance, the town public works manager shall notify the owner, in writing, and request the owner to perform the required maintenance, repair or reconstruction, or enter into a compliance agreement with the town. 
    B.  If the owner of property fails or refuses to perform the required maintenance, repair or reconstruction, or to enter into a compliance agreement with the town, then the town may take enforcement action as follows: 
        1.  The town public works manager or other representative of the town may request that the matter be placed on the agenda of the town advisory board. Written notice to the owner of the time and place of the hearing, together with a specific list and description of the required maintenance, repair or reconstruction, will be given not less than ten days before the hearing. 
        2.  If after the hearing, the town advisory board determines that the owner is out of compliance with the ordinance, it may order the required maintenance, repair or reconstruction within a reasonable period of time, taking into consideration the cost of such maintenance, repair or reconstruction, together with considerations of the public health, safety and welfare. The order will be reduced to writing and served on the owner, by first class mail or personal service. 
        3.  If the owner fails or refuses to comply with the order within the time allowed, the town may conduct the required, maintenance, repair or reconstruction. The necessary and reasonable expense incurred pursuant to this section shall be a charge against the owner of such lot, block or parcel of land, and the same may be advanced by the town and collected by an action brought on behalf of and in the name of the town against the owner of such lot, block, or parcel of land, as debts of like amount are by law collectible, and shall be a lien upon such lot, block or parcel of land until paid in full including without limitation all interest, costs and attorney’s fees incurred in enforcing the owner’s obligation to lay, construct, replace, repair, or maintain the designated sidewalk. 
        4.  The remedies for enforcement of this ordinance are cumulative, and not exclusive. In addition to the provisions of this section, violation of this ordinance constitutes a public nuisance, and may be abated or prosecuted in the manner provided by law. (Ord. 1072, 2004)
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18.04.163 Commercial or noncommercial use of public sidewalks
    A.  Except as otherwise provided in this section, no person shall sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk in the town of Minden as it is defined in section 18.04 of the Douglas County Code. 
    B.  The prohibition in section A above shall not apply to any person: 
        1.  Sitting or lying down on a public sidewalk due to a medical emergency; 
        2.  Who, as the result of a disability, utilizes a wheelchair, walker or similar device to move about the public sidewalk; 
        3.  Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit. 
        4.  Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or, with town board approval, by the abutting private property owner; or 
        5.  Sitting on a public sidewalk at a bust stop zone while waiting for public or private transportation.
    C.  Nothing in any of the exceptions in this section shall be construed to permit any conduct which is prohibited by any provision of federal or state law or the Douglas County Code. 
    D.  No person shall be charged with a violation of this section unless the person engaged in conduct prohibited after having first been notified by a law enforcement officer that the conduct violates this section and given a reasonable time in which to correct the offending conduct. 
    E.  The provisions of this section are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this section, or invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. 
    F.  Any person who violates this section shall be guilty of a misdemeanor. (Ord. 1072, 2004)
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18.04.164 Sidewalk width requirement
Outdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outdoor dining area shall leave not less than six consecutive feet of sidewalk width at every point clear and unimpeded for pedestrian traffic. 
"Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians and those with disabilities who use wheelchairs or other means of transportation designed for and used by those with disabilities. (Ord. 1072, 2004)
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18.04.165 Blocking or parking on sidewalks
    A.  A person shall not, with the intention of interfering with the free passage of pedestrians thereon, physically block or attempt to block, with his own body or an object or vehicle, that portion of a public sidewalk used for pedestrian travel. 
    B.  A person shall not, with the intent of interfering with the free ingress to or egress from, physically block or attempt to block with his own body or any object or vehicle, the passage of pedestrians or vehicular traffic at an entrance to any public or private property abutting a public sidewalk. 
    C.  o vehicle shall be parked upon or within any sidewalk area or upon any area designated as a public park, except at a permanent or temporary driveway or alley entrance. (Ord. 1072, 2004)
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18.04.166 Determination by town engineer of need for sidewalk reconstruction; public hearing required
    A.  Upon determination by the town engineer that certain sidewalks in the town, whether public or private, are in need of reconstruction, the town engineer shall request that the town board schedule a public hearing before the town board regarding the recommended sidewalk reconstruction. 
    B. The town engineer or the town office manager shall serve written notice upon the owners of record of the abutting property at least ten days prior to the hearing describing the recommended reconstruction of the sidewalks, notifying the affected property owner of the time and place of the public hearing thereon, which public hearing shall give the property owner an opportunity to be heard, and providing that all direct costs and administrative service charges attributable to the enforcement of this chapter may be made a lien or charge against the abutting property. At the conclusion of the hearing, the town board shall either adopt a resolution requiring the reconstruction, setting a time limit for the reconstruction to be completed, and serving a copy of the resolution on the affected landowner by certified mail, return receipt requested, or the town board shall enter into a consent agreement in which the landowner agrees to do the work of repair at the landlord’s expense within a specific time period, or the town board shall make a finding of no cause for issuance of a resolution to the landowner. 
    C.  If the property owner or his representative fails to obtain required building permits or to complete said sidewalk reconstruction as set forth in the resolution within the time limits set forth in the resolution or the consent agreement, the town engineer shall proceed to have the work done by town crews or by contracting for such work in accordance with law. A report of the proceeding and an accurate account of all direct costs and administrative service charges attributable to the enforcement to this chapter and to the aforesaid reconstruction on each separate property shall be made by the town engineer and upon completion of the work, said report and account shall be filed with the town clerk. (Ord. 1072, 2004)
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18.04.167 Standard irrigation and landscaping specifications
The following specifications shall apply to all irrigation systems and landscaping, on, in, under, or above the portion of the Town right-of-way that abuts the property of any landowner in the Town. Attached hereto as Exhibit A and incorporated within this ordinance as though set forth at length as an integral part of the ordinance are Standard Specifications for Domestic Water and Irrigation Systems for landscaping for the town of Minden. A copy of these standard specifications, found in the volume entitled Standard Specifications for Public Works Construction (“Orange Book”) which is adopted by this reference and incorporated herein as though set forth at length, verbatim, will be on file for public inspection at the town office, 1604 Esmeralda, Minden, Nevada 89423. (Ord. 1072, 2004)
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18.04.168 Prohibited trees
    A.  The town desires to promote and protect the public health, safety and welfare by prohibiting the planting and care of the types or kinds of trees that may be hazardous to pedestrian and vehicular traffic; susceptible to disease and insects; or injurious to roadways, sidewalks and curbs, by providing for the planting and growing of preferred species of trees for the safety enhancement and beautification of the streets of the town. 
        1.  No person shall plant or along any street, parkway or public place any fruit, nut or seed-bearing tree or trees, unless the town board shall issue a permit therefor, after determining that the roots will not interfere with any public sidewalk, curb, sewer, water and gas lines and that the fruit, nuts, or seeds of such trees will not pose a public hazard. 
        2.  No person shall plant any species of the genus Ulmus (elm) anywhere in the town unless the species have documented resistence to Dutch Elm disease. 
        3.  No person shall plant any species of the genus Populus (poplar/cottonwood/aspen) tree, or the genus Salisx (willow) tree on or along any street, parkway, or other public property. Special exception may be allowed by the town board for the purpose of maintaining riparian vegetation and habitat along the Carson River or other natural riparian areas, including the Cottonwood Slough and the Martin Slough. (Ord. 1072, 2004)
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18.04.169 Financial assistance from the town for sidewalk repair
Any lot owner within the Town who desires to repair or replace a sidewalk abutting the lot or lots belonging to that owner, and who has not been served a correction notice within the preceding 30 days, may apply to the town board by filling out and leaving with the town secretary an application for subsidy in repairing or replacing sidewalk. The Town has agreed with its limited resources to pay up to fifty percent (50%) of the reasonable cost of replacing a portion or all of a sidewalk abutting a landowner’s lot if the sidewalk needs replacement and it if appears to the Town board that the sidewalk was not originally constructed pursuant to standards that exceed the general standards in Douglas County for sidewalks, provided that all such applications are awarded on a first-come, first-served basis within the Town’s budgeted resources for that purpose each fiscal year. Applications either not funded or partially funded for a given fiscal year are eligible for resubmission in a subsequent fiscal year, and they shall be given priority on a first-come, first-served basis ahead of later filed applications. The town engineer shall have the exclusive discretion to determine the reasonableness of the cost incurred, or to be incurred, in all such sidewalk replacements. Any person aggrieved by an adverse decision of the town engineer may appeal that determination to the town board. (Ord. 1072, 2004)
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