Douglas County District Attorney
    County Codes Print...     Link To This Page    
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
Appendix A
Appendix B
Appendix C
Appendix D (Sewer Facilities and Non-Residential Wastewater Discharge Ordinance)
Appendix E (Backflow and Cross-Connection Control Ordiance)
Appendix F (Water Facilities)
20.01 General Provisions; Consistency with Master Plan; Right to Farm
20.02 Development Permits
20.04 Application Process and Official Filing Date
20.06 Decision by the Director
20.08 Review by Advisory Body
20.10 Review and Decision by Planning Commission
20.100 Public Facilities and Improvement Standards
20.12 Review and Decision by Board of County Commissioners
20.14 Conditional Approval
20.20 Notice Provisions
20.200 Surveys
20.220 Installing Utilities Underground
20.24 Public Hearing Procedures
20.28 Post Decision Proceedings
20.30 Expiration of Approval of Development Permit
20.300 Impact Fees
20.32 Revocation of Permit
20.34 Enforcement
20.38 Board of Adjustment
20.40 Fees
20.400 Development Agreements
20.44 Rounding of Quantities
20.440 Density Bonus Agreements
20.460 Reimbursement Agreements
20.470 Maintenance Districts
20.471 Maintenance District 1 - Monterra
20.50 Floodplain Management
20.500 Transfer Development Rights
20.550 Growth Management
20.560 Building Permit Allocation and Growth Management
20.600 General Provisions
20.602 Pre-application Conference
20.604 Special use permits
20.606 Variances
20.608 Amendment to Master Plan
20.610 Zoning Administration
20.612 Specific Plan
20.614 Design Review
20.618 Sign Permit
20.620 Temporary Use Permit
20.650 Zoning Districts and Standards
20.654 Agriculture and Forestry and Range Districts
20.656 Residential Districts
20.658 Non-Residential Districts
20.660 Use Regulations
20.662 Agricultural, Forest and Range, and Residential Land Use District Specific Standards (Table)
20.664 Agricultural, Forest and Range, and Residential Land Use Specific Standards
20.666 Non-Residential Specific Standards for Permitted, Development Permitted and Special use permit Uses (Table)
20.668 Non-Residential Uses Specific Standards
20.672 Livestock Overlay (LO) Zoning District
20.674 Manufactures Housing (MH) District
20.675 Mixed-use Commercial (MUC) Overlay District
20.676 Planned Development (PD) Overlay District
20.678 Residential Office (RO) Overlay District
20.680 Genoa Historic (GH) Overlay District
20.682 Clustered Residential Subdivision (CR) Overlay
20.685 Gaming District (GD) Overlay
20.690 Property Standards
20.691 Property Maintenance
20.692 Off-Street Parking and Loading
20.694 Landscape Standards
20.696 Sign and Advertising Control
20.698 Nonconforming Uses and Structures
20.700 Applicability and Procedures
20.702 Zoning Districts and Standards
20.703 Tahoe Area Plan Regulations
20.704 General Provisions
20.708 Subdivision Application Procedure and Approval Process
20.712 Parcel Maps
20.714 Division of Agricultural Land for Conservation Purposes
20.716 Division of Land into Large Parcels
20.718 Division of Land for Agricultural Purposes
20.720 Assurance for Completion and Maintenance of Improvements
20.768 Land Readjustment
20.770 Boundary Line Adjustment
20.800 General Provisions
20.810 Administration
20.820 Building Permits
20.830 Site Improvement Permits
20.840 Encroachment Permits
20.900 Numbering Structures and Naming Streets
Effective Date
Table of Ordinances
Index



Collapse/expand the left pane
County Codes
Title 20 Consolidated Development Code
20.691 Property Maintenance
20.691.010 Purpose, scope, intent
20.691.020 Definitions
20.691.030 Severability
20.691.040 Application of Other Codes
20.691.050 Savings Clause
20.691.060 Disposal of Solid Waste Generally
20.691.070 Solid Waste Receptacles
20.691.080 Accumulation of Solid Waste Prohibited
20.691.090 Unlawful Dumping of Garbage, Rubbish and Waste Matter
20.691.100 Placing Offensive Substances in Waters, on Highways or Other Property
20.691.110 Offensive Littering
20.691.120 Keeping Junk Prohibited
20.691.130 General Exterior Building and Structure Maintenance
20.691.140 Exterior Surfaces
20.691.150 Exterior Walls
20.691.160 Roofs
20.691.170 Glazing
20.691.180 Accessory Structures
20.691.190 Derelict Structures Prohibited
20.691.200 Noxious Vegetation Prohibited
20.691.210 Garage Sales Limitation
20.691.220 Public Nuisance Prohibited
20.691.230 Specific Public Nuisances
20.691.240 Notice to Person Responsible
20.691.250 Form of Notice
20.691.260 Method of Service
20.691.270 Abatement by County--Costs to be Filed
20.691.280 Collection of Assessments
20.691.290 Appeal to Director
20.691.300 Appeal of Director's Determination
20.691.310 Penalty for violations
20.691.320 Enforcement Fees

20.691.010 Purpose, scope, intent

A. The Commission finds and declares that important public policy reasons exist to prevent property conditions within the County tending to reduce the value of private property, that promote blight and deterioration, that are attractive nuisances creating a hazard to the health and safety of minors, and that are  injurious to the health, safety and general welfare of the public.
B. This chapter is intended to protect the public health, safety, and general welfare by regulating existing structures, residential and nonresidential, and premises by establishing minimum requirements and standards for structures and premises for the protection from the elements, life safety, other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners and occupants; and for administration, enforcement and penalties. 
C. This chapter shall be construed to secure and ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures, and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health, safety and maintenance as required herein.  (Ord. 1405, 2014)

Top

20.691.020 Definitions
A. Unless the context otherwise specifically requires, for purposes of this Code, the following terms and phrases mean:
1. "Abandoned Structure" means a vacant structure that is an attractive nuisance. 
2. "Ashes" means the residue of the combustion of solid fuels. 
3. "Attractive Nuisance" means buildings, structures, or premises that are in an unsecured, derelict or dangerous condition so as potentially to constitute an attraction to minors, vagrants, criminals or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing an unlawful act.
4. "Boarded" means the securing of an unoccupied building or structure against entry by the placement of material such as plywood, boards, or other similar material over openings that are designed or intended for windows or doors, where the materials are visible off the premises and where the materials are not lawfully or customarily installed on a building or structure that would be occupied. 
5. "Building" means any structure designed for habitation, shelter, storage, trade, manufacture, business, education, or other similar purposes.
6. "Bulk Solid Waste" means discarded bedding, mattresses and furniture, junk, yard debris, uprooted tree stumps, demolition or construction debris, or other nonputrefactive and nonhazardous materials not placed in a container, or too large to be placed into a container.
7. "Code Enforcement Officer" means the person or persons designated by the Director to enforce Douglas County Codes.
8. "Container" means any vessel approved by the Director and used for the storage of solid waste. 
9. "Compost or composting" means the controlled biological decomposition of compostable material or the product resulting from such process.
10. "Compostable material" means yard debris, food waste and food soiled paper when source separated for composting but does not include food soiled paper containing plastic or any other material that inhibits controlled biological decomposition.
11. "Deterioration: means a lowering in the quality, condition or appearance of a building or structure, characterized by holes, breaks, rot, crumbling or any other evidence of physical decay, neglect, excessive use or lack of maintenance. 
12. "Derelict structure" means a building or structure that poses an incipient hazard, or is detrimental to public health, safety or welfare, as a result of one or more of the following conditions: 
(a) Is unoccupied and unsecured; 
(b) Is partially constructed;
(c) Is an abandoned structure or attractive nuisance; 
(d) Is in condition of deterioration
13. "Director" means the County Manager, or the Director of the Community Development or the director’s designee. 
14. "Food soiled paper" means paper products that have been in contact with food or food waste to the degree that they would not be able to be recycled into new paper products. Food soiled paper includes, but is not limited to, used paper table covers, used napkins, pizza boxes, coffee filters and waxy corrugated cardboard. Food soiled paper does not include unsoiled cardboard, paperboard, newspaper or office paper.
15. "Food waste" means all waste from meats, fish, shellfish, grains, fruits and vegetables, which attends or results from the storage, preparation, cooking, handling, selling or serving of food for human consumption. Food waste includes, but is not limited to, excess, spoiled or unusable food or dairy products, meats, fish, shellfish, grains, fruits, vegetables, breads and dough, incidental amounts of edible oils, and organic waste from food processing. Food waste does not include large amounts of oils and meats which are collected for rendering, fuel production or other reuse applications. Food waste does not include dead animals not intended for human consumption or animal excrement.
16. "Garbage" means all classes of putrefactive and easily decomposable animal and vegetable matter, including, without limitation, wastes produced from the handling and preparation of food, kitchen and table refuse, offal, swill, and other accumulations of animals, vegetables and other matters that attends the preparation and consumption, decay, or dealing in, or storage of meats, fish, fowl, birds, fruits and vegetables, and containers originally used for foodstuffs. 
17. "Hazardous waste" has the meaning given in NRS 459.430  
18. "Imminent Hazard" means any condition of deterioration that places public health, safety or welfare in high risk of peril, when the peril is immediate, impending, or on the point of happening. 
19. "Incipient Hazard" means any condition that can become an imminent hazard if further deterioration is allowed to occur.
20. "Indoor Furnishing" means any item that is designed to be used indoors or otherwise protected from environmental elements including, but not limited to, upholstered furniture, indoor appliances and indoor carpet.
21. "Junk" means articles of personal property that have outlived their usefulness in their original form, or articles of personal property that have been discarded and are no longer used for their manufactured purpose, regardless of value. As used in this Chapter the term “junk” includes, but is not limited to: 
(a) any derelict motor vehicle, i.e., any used motor vehicle without a vehicle license or with an expired license or is no longer registered; 
(b) neglected motor vehicle, i.e., a motor vehicle that is missing critical parts required for the normal and legal operation of the vehicle, but has all of its body parts intact, including fenders, hood, trunk, glass, and tires; or
  (c) wrecked motor vehicle, or part thereof, i.e., a motor vehicle that is dismantled or partially dismantled, or having a broken or missing window or windshield, or lacking a wheel or tire; 
(d) machinery or parts thereof that are inoperative, worn out, or in a state of disrepair; 
(e) any appliances or parts thereof that are inoperative, worn out, or in a state of disrepair; 
(f) any worn out or dilapidated indoor fixtures or furnishings, or parts thereof; 
(g) any bulk solid waste; and 
(h) solid waste items that are of a type or quantity inconsistent with normal and usual use such as wood, metal, scrap and other similar items.
22."Noxious Vegetation" means weeds more than 10 inches in height; grass more than 10 inches in height; rank or dead vegetation; dead trees, or other rank, noxious, and dangerous vegetation that is a health hazard; a fire hazard; or a traffic hazard because it impairs the view of a public right-of-way or otherwise makes use of the public right-of-way hazardous. This definition shall not include agriculture crops, endangered riparian grasses that have not come to seed, and wet land grasses that are neither a fire nor a traffic hazard.
23. "Occupant" means any person living or sleeping in a building or structure, or having possession of a space within a building or structure or possession of a premises.
24. "Owner" means the person recorded in the official records of the state, county or city as holding title to premises, and that person’s agent; any person who has purchased or otherwise acquired a premises but whose ownership is not yet reflected in the official records of the state, county or city; a trustee, executor, administrator, guardian or mortgagee in possession and having control of the premises; a person who has care and control of a premises in the case of the absence or disability of the person holding title thereto; a lessee or tenant in possession.
25. "Partially Constructed" means an occupied or vacant structure, or portion thereof, has been left in a state of partial construction for more than six months, or that has not been completed prior to the expiration of any building permit.
26. "Premises" means a lot, or parcel of land, including any buildings or structures thereon.
27. "Public way" means any public right-of-way or other area located within Douglas County designated by the federal government, the State of Nevada, Douglas County, or another local government for the use or enjoyment by the general public including, but not limited to, roads, streets, alleys, lanes, bridges, sidewalks, trails, beaches, navigable waterways, squares, plazas, parks and any recreational facilities.
28. "Rank Vegetation" means any vegetation existing in a state of uncontrolled growth or without commonly recognized vegetation maintenance or management practices applied. 
29. "Receptacle" means a trash can, cart, bin, container, drop box or other vessel used for the disposal of solid waste that has been approved by the Director and into which solid waste, compostable material, mixed compostables, recyclable material or mixed recycling may be placed for such disposal.
30. "Recycling" means the process of transforming waste into new or different products in such a manner that the original waste products may lose their identity. Recycling includes collection, transportation and storage of waste that places the waste in the stream of commerce for recycling, resource recovery or utilization.
31. "Remediation" means the elimination or correction of a condition, including, but not limited to, repair, replacement, restoration or removal. 
32. "Rubbish" means worthless, discarded material, including, but not limited to, cardboard, plastic, glass, paper, rags, sweepings, wood, rubber, leather, chips, shavings, sawdust, wooden ware, printed matter, boxes, rags, straw and all combustible matter not included in definitions elsewhere in code, and similar waste materials that ordinarily may accumulate on a premises
33. Skilled Manner means executed in a proper manner, consistent with generally accepted standards of construction and maintenance, e.g., generally plumb, level, square, in line, undamaged, without marring adjacent work.
34. "Solid Waste" means all waste, in solid, semisolid or liquid form including, but not limited to, garbage, rubbish, trash, ashes, street refuse, waste paper, corrugated material and cardboard; commercial, industrial, demolition and construction wastes; food waste, small dead animals, waste tires, yard debris and other wastes. As used in this Chapter, solid waste does not include sewage, sewage sludge, or sewage hauled as an incidental part of a septic tank or cesspool cleaning service; or materials that are used for fertilizer, for compost or composting or for other productive agricultural or horticultural purposes.
35. "Unoccupied" means not legally occupied. 
36. "Unsecured" means unlocked or otherwise open to entry. 
37. "Waste" means any material, substance, or object that is no longer wanted by or usable by the generator and which is to be disposed of, or is to be subject to recycling or resource recovery by another person, and includes both source separated material and non-source separated material. Waste matter can include natural soil, earth, sand, clay gravel, loam, manure, stones, bricks, plaster, cement, crockery, glass, glassware, ashes, metals, tin containers and all other noncombustible material.
38. "Waste Tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
39. "Yard debris" means all vegetative waste generated from property maintenance and/or landscaping activities, including, but not limited to, grass clippings, leaves, hedge trimmings, and small tree branches, but excluding tree stumps and other similar bulky woody materials.  (Ord. 1405, 2014)
Top

20.691.030 Severability
If any section, subsection, paragraph, sentence, clause or phrase of this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter which shall continue in full force and effect, and to this end the provisions of this chapter are hereby declared to be severable. (Ord. 1405, 2014)
Top

20.691.040 Application of Other Codes
Nothing in this chapter shall be construed to relieve a person from complying with any federal, state or local law, including any other provisions of the Douglas County Code, or the requirement to obtain all necessary permits and approvals. (Ord. 1405, 2014)
Top

20.691.050 Savings Clause
This chapter shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.  (Ord. 1405, 2014)
Top

20.691.060 Disposal of Solid Waste Generally
Unless otherwise authorized by federal, state or local laws and regulations, solid waste shall be placed out for disposal, composting or recycling in receptacles designed and intended for the purpose of holding such solid waste and shall be disposed of at solid waste disposal sites approved by the State of Nevada or other governmental agency having jurisdiction under Nevada law to designate or operate solid waste disposal sites. (Ord. 1405, 2014)
Top

20.691.070 Solid Waste Receptacles
Except for drop boxes and recycle baskets provided to the generator by a waste hauler, receptacles shall be equipped with lids sufficient to keep out precipitation and to prevent disturbance by animals and entrance of pests; shall be kept closed, except when being filled, emptied, or cleaned; and shall be kept in a clean, sealed and sanitary condition by the generator of the solid waste. An open utility trailer or truck bed is prohibited for use in the storage of solid waste.  (Ord. 1405, 2014)


Top

20.691.080 Accumulation of Solid Waste Prohibited
A. All solid waste shall be placed in approved receptacles and then removed from a premises weekly, or at other reasonable intervals, so as to prevent spillage from receptacles, escape of odors, or conditions that would attract pests. 
B. Notwithstanding subsection (A.) of this section, compost piles are permitted on residential property, provided each compost pile is enclosed on all sides by a wood container, concrete block container, container made of another opaque material, or wire mesh container, designed for composting and having dimensions that are not greater than four feet in height, by four feet in length, by four feet in width and do not cause a public nuisance.  Compost piles related to otherwise allowable agricultural operations are permitted, and the maintenance of such compost piles are subject to reasonable agricultural practices.  (Ord. 1405, 2014)

Top

20.691.090 Unlawful Dumping of Garbage, Rubbish and Waste Matter
A. It is unlawful for any person to dump, spill, throw, place or bury in any parcel of land, lots, street, highway, gutter, or any alley or in any water or stream or in any canal or ditch within Douglas County, any solid waste, garbage, rubbish, waste matter, junk, or abandoned vehicle or any other deleterious or offensive substances.
B. When any unlawful deposit of material, as set forth in subsection (A.) includes any evidence which identifies any person, such identification will establish a presumption in any civil action or prosecution under this chapter that such person, firm, or corporation is civilly or criminally responsible for such deposit and liable for the cost of removal and disposition of the unlawful material.  (Ord. 1405, 2014)
Top

20.691.100 Placing Offensive Substances in Waters, on Highways or Other Property
A. Except as provided in subsection (C.) of this section, no person, including a person in the possession or control of any land, shall discard any dead animal carcass or part thereof, any excrement, or any putrid, nauseous, noisome, decaying, deleterious or offensive substance, into, or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond. 
B. Except as provided in subsection (C.) of this section, no person shall place or cause to be placed any dead animal carcass or part thereof, any excrement, or any putrid, nauseous, noisome, decaying, deleterious or offensive substance on any public way, public property, or private property. 
C. Nothing in this section shall apply to the appropriate storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for such purposes, unless first treated and applied in a manner approved by the State of Nevada.  (Ord. 1405, 2014)

Top

20.691.110 Offensive Littering
No person shall create an objectionable stench or degrade the beauty or appearance of property or detract from the natural cleanliness or safety of property by intentionally: 
A. Discarding or depositing any rubbish, trash, garbage, debris or other solid waste upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility; or 
B. Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way.  (Ord. 1405, 2014)


Top

20.691.120 Keeping Junk Prohibited
No person shall deposit or keep junk within a public right of way, or out-of-doors on any parcel or lot of the county unless it is shielded from view from all other lots and the right of way by a 6 foot solid, sight obscuring fence or wall, or in a building or structure that is wholly enclosed.  (Ord. 1405, 2014)
Top

20.691.130 General Exterior Building and Structure Maintenance
The exterior of a building or structure shall be maintained in good repair, so as not to be in a state of deterioration so as not to pose a threat to the public health, safety or welfare. (Ord. 1405, 2014)
Top

20.691.140 Exterior Surfaces
All wood and metal surfaces, including, but not limited to, window frames, doors, door frames, cornices, porches, siding and trim on buildings and structures shall be maintained in good condition, so as not to be in a state of deterioration.  (Ord. 1405, 2014)
Top

20.691.150 Exterior Walls
A.  All exterior walls of buildings or structures shall be free from holes, breaks, loose or rotting materials and shall be maintained in good condition so as not to be in a state of deterioration. 
B. The use of tarps or similar material for emergency repair, or in place of a customary building component such as siding or a door shall not exceed three months in any two year period.  (Ord. 1405, 2014)

Top

20.691.160 Roofs
The roof and flashing of a structure shall be sound, tight and not have defects that admit rain or snow into the building or structure. The use of tarps or similar material for emergency repair shall not exceed three months in any two year period.  (Ord. 1405, 2014)
Top

20.691.170 Glazing
All glazing materials shall be maintained free from cracks and holes. Glazing with holes, cracks, or that is partially or wholly missing shall be replaced.  (Ord. 1405, 2014)
Top

20.691.180 Accessory Structures
All accessory sheds, fences, walls and other similar structures shall be erected in a skilled manner and maintained in a structurally sound condition and in good repair, so as not to be in a state of deterioration.  (Ord. 1405, 2014)
Top

20.691.190 Derelict Structures Prohibited
Derelict structures on any premises are hereby declared to be a public nuisance.  (Ord. 1405, 2014)
Top

20.691.200 Noxious Vegetation Prohibited
A. No owner shall cause or permit noxious or rank vegetation upon premises or in the right-of-way of a street abutting any premises.
B. In addition to, or in lieu of, any enforcement action authorized by law, the Director may cause a violation of this section to be corrected in the same manner as a public nuisance as pursuant to DCC 20.691.220 – 20.691.300.  (Ord. 1405, 2014)

Top

20.691.210 Garage Sales Limitation
A. For the purposes of this section, the term "garage sale" shall mean the public sale of new or used goods within Douglas County by any individual or group of individuals from any private property, including but not limited to garages, porches, carports, or yards, when said individual or group of individuals is not in the business of selling such goods or when the property from which such sale is to be conducted is not within a zone permitting commercial business or otherwise permitted under the provisions of this code. The offering for sale of one item by public display with a sign indicating the item is for sale and the price thereof attached to or upon such item, and sale of more than one individual item not offered by public display and where no signs are posted concerning a sale or place of sale are transactions exempt from the provisions of this section. Garage sales by organizations, societies, associations, leagues, or corporations that are organized and operated exclusively for religious, educational, philanthropic, benevolent, fraternal, or charitable purposes and are not operated for the pecuniary profit of its members or shareholders shall be exempt from this definition. 
B. It shall be unlawful to conduct within Douglas County more than four garage sales in any calendar year, each of said sales to extend no longer than three days.  (Ord. 1405, 2014)

Top

20.691.220 Public Nuisance Prohibited
A. A public nuisance is any thing, condition, or act which is or may become a detriment or menace to the public health, welfare and safety.   
B. No person shall cause, permit, or maintain a public nuisance on public or private property.  (Ord. 1405, 2014)

Top

20.691.230 Specific Public Nuisances
The following are specifically declared to be public nuisances, but this list shall not be deemed to be exclusive: 
A. The accumulation, exposure, or deposit of any garbage, rubbish, bulk solid waste or solid waste on any public way or any private street, alley, or lot, or into a stream, well, spring, brook, ditch, pond, river, or other inland waters within the county, or the placing of such substances in such position that high water or natural seepage will carry the same into such waters; 
B. Any physical condition of a premise considered an attractive nuisance, including, but not limited to abandoned wells, shafts, basements, unguarded machinery; 
C. An abandoned, unattended, or discarded icebox, refrigerator, or other container accessible to children which has an airtight door, or lock which may not be released for opening from the inside; 
D. Dangerous pilings and unprotected excavations; 
E. Any premises that has plumbing that permit the spillage of effluent outside of an approved sanitary sewer system, or the escape of sewer odors and gases; 
F. The maintenance of premises which are in such a state or condition as to cause an offensive odor; 
G. The accumulation of feces or manure in piles or heaps, unless enclosed in containers capable of excluding flies and maintained in such a manner or condition that offensive odor is not emitted there from; or is stored consistent with reasonable agricultural practices and/or in such a way so that it is used in legitimate agricultural purposes, and protected in such a way as to not interfere with the water table or neighboring waterways.
H. The burning of any rubbish, garbage, rubber, cloth, or any other thing, the burning of which, or the smoke emitted from such burning, creates an offensive odor; 
I. The accumulation of stagnant water in which mosquitoes may breed; 
J. Violation of DCC 20.691.110 by keeping more than five cubic yards of junk on any residentially zoned property or by keeping four or more neglected or wrecked motor vehicles on any residentially zoned property regardless of screening; 
K. Violation of DCC 20.691.180, “Derelict Structures”;
L. Any building or structure that is in a condition that poses an imminent hazard to public health, safety or welfare.
M. A violation of 8.14.020 Abandoned vehicles prohibited.  (Ord. 1405, 2014)
Top

20.691.240 Notice to Person Responsible
Whenever the Director or the Code Enforcement Officer has reasonable grounds to believe that a violation of 20.691.220 has occurred, a notice and order shall be served to the owner(s) in accordance with Chapters 20.691.250 and 20.691.260.  (Ord. 1405, 2014)
Top

20.691.250 Form of Notice
Such notice prescribed in 20.691.240 shall: 
A. Be in writing; 
B. Include a description of the premises sufficient for identification; 
C. Include a statement of the reason or reasons why the notice is being issued; 
D. Include a correction order allowing a reasonable time and date for the repairs and improvements required to bring the premises into compliance with the provisions of this chapter. If the public nuisance is not an immediate danger to the public health, safety or welfare, and/or was caused by the criminal activity of a person other than the owner, the owner shall be afforded a minimum of 30 days to abate the public nuisance.
E. Include a notice that the county may abate the nuisance pursuant to this chapter and that the person responsible shall be responsible for the costs of such abatement, which may constitute a special assessment on the property
F. Include a notice that civil and/or criminal penalties may apply for each day that the owner did not abate the public nuisance after the date specified in the notice by which the owner was required to abate the public nuisance, and that unpaid civil penalites may constitute a special assessment on the property.  (Ord. 1405, 2014)
Top

20.691.260 Method of Service
A. Public Nuisance notices under this chapter shall be deemed to be properly served if a copy thereof is sent by certified mail to the owner(s) at their last known address.  Notices may also be:
1. Personally delivered to the owner(s); and/or 
  2. Posted at the premises and also sent first class mail to the owner(s) at their last known address if they cannot be located.
. Failure of the owner(s) to receive and/or claim such notice shall not render the notice void, provided that the notice was served in accordance with this section at the owner’s last known address listed in the County records, and in such case the notice shall be sufficient.  (Ord. 1405, 2014)
Top

20.691.270 Abatement by County--Costs to be Filed
A.  If the owner(s) or other party responsible fails or neglects to remove the nuisance as defined in this chapter, within the time specified in the notice, and has not filed a timely appeal pursuant to Sections 20.690.290 and/or 20.690.300 of this Chapter, the County may cause such nuisance to be abated. At the request of the Director, the abatement may be done by county crews or by private contractors when county crews are not available. A report of the proceedings and an accurate record of the expense incurred while physically correcting the violation, which shall include therein a twenty percent charge for administrative overhead, shall be filed by the Director with the county clerk. 
B. The county clerk shall thereupon set the account and report for hearing by the county commissioners at the next available meeting thereof which will be held at least seven calendar days after the date of filing by the Director, and shall post a copy of said report and account and notice of time and place of hearing thereon in a conspicuous place in the Douglas County courthouse. 
  C.  The county commissioners will consider the report and account at the time set for hearing, together with any objections or protests by any person or persons interested therein who presents a written or oral protest or objection to said report and account. At the conclusion of the hearing, the county commissioners will either approve or disapprove the report and account as submitted, or as modified or corrected by the county commissioners. The amount so approved will constitute a special assessment upon the respective lots or premises affected, and the county commissioners will adopt a resolution assessing said amounts upon the respective parcels of land as they are shown upon the last available assessment role, and determining that the violations or conditions on or of the property did constitute a public nuisance. It will be the duty of the head of the department of Community Development or his authorized representative to see that said special assessment is recorded against the lots, property, and/or premises.
D. The county clerk may accept payment of any amount due at any time prior to the county commissioners' hearing, as called for in subsection B of this section.  (Ord. 1405, 2014)
Top

20.691.280 Collection of Assessments
After confirmation of the assessment including any administrative overhead, a copy of the special assessment will be certified to the auditor who is expressly authorized to assume and discharge the duty of collecting the special assessment by adding the amounts of same to the next regular bills for taxes levied against the lots and parcels of land for county purposes, and thereafter the amount will be collected at the same time and in the same manner as ordinary county taxes are collected and will be subject to the same penalties and the same procedure as under foreclosure and sale in case of delinquency, as provided for ordinary county taxes.  (Ord. 1405, 2014)
Top

20.691.290 Appeal to Director
A. Any person affected by a notice or order of the Code Enforcement Officer shall have the right to appeal to the Director of Community Development subject to the provisions of this subsection. 
B. A notice of appeal must be filed with the director within 25 calendar days of the date the code enforcement officer's notice and order was mailed and/or served on the property owner or other responsible party. 
C. The notice of appeal must: 
1. Be in writing, 
2. Include a copy of the notice and order and a statement that the person wishes to appeal, 
3. Contain the person's full name and mailing address, legibly printed or typed, and any notice or communication thereafter sent to him at such address shall be conclusively presumed to have been received unless the person has given the director written notice of any change.
4.  Contain a statement setting forth the reasons the person contends that condition of the property does not constitute a nuisance and/or violation of Douglas County Code, and/or that the imposition of civil penalties is not appropriate.
D. The director shall hold a hearing on the appeal. 
1. The scope of the hearing shall be limited to any or all of the following as may be stated by the person requesting review in the notice of appeal: 
a. There has been a failure of the county to follow the procedures prescribed in this Title and/or chapter, and that the failure has prejudiced the person in respect of some substantial right; 
b. No violation and/or nuisance exists on the premises subject of the notice or order;
c. The time for or method of compliance required in the notice is impossible to comply with or, because of circumstances peculiar to the person or property, would work an unreasonable hardship. 
d.  The imposition of civil penalties is inappropriate under the circumstances.
2. The person requesting the appeal shall be accorded the opportunity to provide evidence or a statement in opposition to the notice or order; and the person requesting review shall be accorded the opportunity to cross-examine any witness presenting testimony. 
3. The Code Enforcement officer shall be accorded the opportunity to present any evidence, argument or statement in support of the notice or order; and the county shall be accorded the opportunity to cross-examine any witness presenting such testimony. 
E. The director shall adopt findings and conclusions supporting a decision which either: 
1. Affirms the notice or order as given; 
2. Modifies the notice or order; or 
3. Rescinds the notice or order. 
F. The filing of a notice of appeal shall stay all proceedings for correction of the violation and/or abatement of the nuisance until the final disposition of the appeal. 
G. Upon a final disposition ordering correction of the violation and/or abatement of a nuisance, and unless another period for compliance is provided in the decision, the person responsible for correction and/or abatement shall have a period equal to that specified in the original notice, commencing from the date of the final disposition, in which to correct the violation and/or abate the nuisance prior to action by the county.. 
H. The director shall provide a written final disposition within 30 days of receipt of the appeal.  (Ord. 1405, 2014)
Top

20.691.300 Appeal of Director's Determination
Within 15 calendar days of the date the Director’s written final disposition of appeal is mailed and/or served, the person who appealed the original order that was determined by the Director may appeal to the board of commissioners. The appeal shall be in writing, shall be filed with the Director, and shall be accompanied by a $200.00 administrative fee for preparation of the appeal record and staff report to the board of commissioners.  Not less than five days nor more than 30 days after the appeal has been filed, the commissioners, at a regular meeting of that body, upon giving written notice to appellant of the time the appeal shall be heard, shall proceed to hear, and pass upon the appeal, and the decision of the county commissioners thereon shall be final and conclusive. Any person or persons failing to protest as in this section required will be deemed to have waived any and all objections and appeal rights.  (Ord. 1405, 2014)
Top

20.691.310 Penalty for violations
A. In addition to any other civil remedies set forth in this chapter, the owner, occupant or agent of any lot or premises within the county who permits or allows the existence of a public nuisance as defined in this chapter, upon any lot or premises owned, occupied or controlled by them, or who violates any provisions of this chapter is guilty of a misdemeanor with penalties set out in Douglas County code 1.08.010 A. Each day of any such violation constitutes a separate offense. 
B. Each day that the owner of a property fails to correct and/or abate any violation of this chapter after the date given in a notice may be subject to a civil penalty of $150.00 per day, with a maximum total civil penalty of $10,000.00. 
C. In addition to any other reasonable means for collecting civil penalty monies owed to the county, the civil penalties are a special assessment against the property upon which the violation exists and can be collected pursuant to 20.691.280 if the following provisions exist:
1. At least 12 months have elapsed after the date specified in the notice by which the owner must abate the violation or the date specified in the order of the director or board by which the owner must abate the violation, whichever is later;
2.The owner has been billed, served or otherwise notified that the civil penalties are due; and
3.The amount of the uncollected civil penalties is more than $5,000.  (Ord. 1405, 2014)
Top

20.691.320 Enforcement Fees
A. In addition, and not in lieu of, any cost, fee, fine or penalty provided for in this
code, the Code Enforcement Officer may order a penalty in the form of a monthly enforcement fee for each property found in violation of this code that meets the following criteria:
1. The property has been the subject of a notice or order; a response period of thirty days has passed since the effective date of the notice and order; and the property remains out of compliance with the notice and order or any subsequent notices; or
2. The property has not been brought into compliance with this code within thirty days after being notified by the Code Enforcement Officer of a violation of this code.
B. The amount of the monthly enforcement fee is $50.00
C. A person may appeal the Code Enforcement Officer’s order to impose a monthly enforcement fee in the manner provided for in DCC 20.691.290 to 20.691.300.
D. Any payment of the monthly enforcement fee that is more than thirty days past due may be considered delinquent and subject to a penalty of $100 for every delinquent monthly payment.
E. All fees imposed under this section are to be paid prior to the issuance of any permits required for the construction, demolition, alteration or repair of any structure on the property.   (Ord. 1405, 2014)
Top