2005 Nevada Revised Statutes - Chapter 279B — Rehabilitation of Abandoned Residential Property

CHAPTER 279B - REHABILITATION OF ABANDONEDRESIDENTIAL PROPERTY

NRS 279B.010 Legislativefindings and declarations.

NRS 279B.020 Definitions.

NRS 279B.030 Countyor city may establish program; contents of ordinance.

NRS 279B.040 Qualificationsfor rehabilitation.

NRS 279B.050 Agencyto inspect property and interview applicant for rehabilitation; recommendationto governing body.

NRS 279B.060 Writtenagreement for rehabilitation: Contents; transfer of title or sale of propertyto applicant upon completion or substantial compliance.

NRS 279B.070 Dutiesof natural person or organization to whom title to property is transferred.

NRS 279B.080 Agencyto provide advice and technical assistance; access to property required;deficiencies in maintenance of property.

NRS 279B.090 Preferenceto applicants with low income and applicants that are organizations which servenatural persons with low income; conditions.

NRS 279B.100 Powersof governing body.

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NRS 279B.010 Legislativefindings and declarations. The Legislaturehereby finds and declares that:

1. There exists within the urban areas of this State alarge number of deteriorated, substandard and unsanitary residential propertieswhich have been abandoned by their owners;

2. These properties are a threat to the health, safetyand well-being of the persons occupying neighboring properties;

3. There is also a shortage of decent, safe andaffordable housing for persons of low or moderate income and the counties andcities of this State have an obligation to provide such persons with anopportunity to obtain residential property;

4. It is in the public interest to encourage thepreservation and maintenance of housing in this State for persons of low ormoderate income, in order to improve their living conditions and, in doing so,to benefit the health, safety and welfare of the people of this State; and

5. The provisions of this chapter are in addition to,and do not abrogate or limit the application of, any other provisions of lawgranting to a county or city the authority to:

(a) Develop affordable housing; and

(b) Rehabilitate abandoned residential properties.

(Added to NRS by 1989, 189; A 2005, 1305)

NRS 279B.020 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Abandoned residential property means residentialproperty which has been:

(a) Acquired by the governing body pursuant to theprovisions of NRS 361.603 or subsection3 of NRS 279B.100, or by a grant fromthe Federal Government, the state government or any political subdivision ofthe State;

(b) Declared to have been abandoned by the FederalGovernment, the state government or the governing body; and

(c) Determined by the governing body to be in need ofrehabilitation because of its deteriorated, substandard or unsanitarycondition.

2. Agency means an agency of a county or cityestablished or designated to administer a program.

3. Governing body means the governing body of acounty or city.

4. Program means a program for the rehabilitation ofabandoned residential properties established by a governing body pursuant tothis chapter.

5. Rehabilitation includes structural improvements,landscaping and any other measure to improve the appearance of property ormaintain property in a decent, safe and sanitary condition.

(Added to NRS by 1989, 189)

NRS 279B.030 Countyor city may establish program; contents of ordinance.

1. The governing body of a county or city may adopt anordinance establishing a program for the rehabilitation of abandonedresidential properties in that county or city.

2. The ordinance must contain provisions:

(a) Establishing an agency, or designating an existingagency, of the county or city to administer the program;

(b) Setting forth the criteria for determining theeligibility of an applicant for the rehabilitation of abandoned residentialproperty; and

(c) Establishing such other requirements for participationin the program as the governing body considers necessary.

(Added to NRS by 1989, 190)

NRS 279B.040 Qualificationsfor rehabilitation.

1. An applicant for rehabilitation of abandonedresidential property must, at the time application is made:

(a) Be a natural person who:

(1) Is a resident of the city or anunincorporated area of the county, as the case may be;

(2) Is a member of a household having a grossincome of less than 80 percent of the median gross income for households of thesame size residing in the same county or city, as applicable, as thatpercentage is defined by the United States Department of Housing and UrbanDevelopment;

(3) Intends to reside on the abandonedresidential property for which the rehabilitation is sought;

(4) Has the financial resources to rehabilitatethe abandoned residential property in accordance with the terms of theagreement;

(5) Has the ability to complete therehabilitation within a reasonable time and maintain the property in a decent,safe and sanitary condition; and

(6) Meets such other requirements as are imposedby the governing body; or

(b) Be an organization that:

(1) Is recognized as exempt pursuant to 26U.S.C. 501(c)(3) or 501(c)(4);

(2) Provides affordable housing to natural personswho meet the criteria set forth in subparagraphs (1) and (2) of paragraph (a);and

(3) Has the financial resources to rehabilitatethe abandoned residential property in accordance with the terms of theagreement.

2. Any abandoned residential property for which anapplication for the rehabilitation is sought must be:

(a) Entirely situated within the boundaries of the cityor within an unincorporated area of the county, as the case may be;

(b) Capable of rehabilitation within reasonable limits;and

(c) Subject to not more than two encumbrances.

(Added to NRS by 1989, 190; A 2005, 1305)

NRS 279B.050 Agencyto inspect property and interview applicant for rehabilitation; recommendationto governing body.

1. Upon receiving an application for rehabilitation ofabandoned residential property, the agency shall inspect the property todetermine if rehabilitation of the property is feasible.

2. After inspection of the property, the agency shallinterview the applicant or, if the applicant is an organization described inparagraph (b) of subsection 1 of NRS279B.040, the representative of the organization, to determine if theapplicant satisfies the criteria for eligibility for the rehabilitation ofabandoned residential property and, if the applicant satisfies those criteria,the terms and conditions of the agreement to rehabilitate the property.

3. The agency shall recommend to the governing bodythe terms and conditions of the agreement.

(Added to NRS by 1989, 190; A 2005, 1306)

NRS 279B.060 Writtenagreement for rehabilitation: Contents; transfer of title or sale of propertyto applicant upon completion or substantial compliance.

1. If the governing body approves the application forthe rehabilitation of an abandoned residential property, the written agreemententered between the county or city and the applicant must identify the propertyand specify:

(a) That the property must be rehabilitated for decent,safe and sanitary residential use;

(b) The terms and conditions of the rehabilitation ofthe property, including the period within which the rehabilitation must beginand be completed; and

(c) That the rehabilitation must be performed to thesatisfaction of the governing body.

2. If the applicant completes the rehabilitation ofthe property in compliance with all terms and conditions of the agreement tothe satisfaction of the governing body, the governing body must convey title tothe property to the applicant.

3. If the applicant substantially complies with theterms and conditions of the agreement but fails to complete the rehabilitationof the property in full compliance with all terms and conditions of theagreement to the satisfaction of the governing body, the governing body mustoffer to sell the property to the applicant for a price not to exceed the fairmarket value of the property as it existed before the applicant began anyrehabilitation of the property.

(Added to NRS by 1989, 190)

NRS 279B.070 Dutiesof natural person or organization to whom title to property is transferred.

1. A natural person to whom title to abandonedresidential property is conveyed pursuant to this chapter shall:

(a) Maintain the property in a decent, safe andsanitary condition; and

(b) Reside on the property.

2. An organization to which title to abandonedresidential property is conveyed pursuant to this chapter shall maintain theproperty in a decent, safe and sanitary condition.

(Added to NRS by 1989, 190; A 2005, 1306)

NRS 279B.080 Agencyto provide advice and technical assistance; access to property required;deficiencies in maintenance of property.

1. During the rehabilitation of the abandonedproperty, the agency shall provide such advice and technical assistance as maybe reasonably requested.

2. The applicant for rehabilitation of abandonedresidential property shall permit representatives of the agency, the governingbody and, if state or federal assistance is involved, the State or FederalGovernment, to have access to the property during normal business hours toensure compliance with this chapter and with the provisions of the agreementfor rehabilitation.

3. If the agency discovers deficiencies in themaintenance of the property during any inspection, it shall advise theapplicant in the proper methods of correcting those deficiencies.

(Added to NRS by 1989, 190)

NRS 279B.090 Preferenceto applicants with low income and applicants that are organizations which servenatural persons with low income; conditions. Ifat any time the number of pending applications from qualified applicants forthe rehabilitation of abandoned residential property exceeds the number ofabandoned properties available for rehabilitation, the governing body shallgive preference to:

1. Applicants who are members of households having agross income that is 50 percent or less of the median gross income forhouseholds of the same size within the same geographic area; and

2. Applicants that are organizations which servenatural persons described in subsection 1.

(Added to NRS by 1989, 191; A 2005, 1306)

NRS 279B.100 Powersof governing body. The governing body may:

1. Establish a panel of contractors who have agreed toprovide continuing maintenance at a discount to properties rehabilitatedpursuant to this chapter.

2. Use for the purposes of this chapter any money madeavailable to it for housing for persons having low or moderate incomes understate or federal law, if permitted by the terms of the state or federal law.

3. Accept gifts, grants and bequests of property forthe purposes of this chapter.

(Added to NRS by 1989, 191)

 

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