[Rev. 11/21/2013 10:35:47 AM--2013]

CHAPTER 279B - REHABILITATION OF ABANDONED RESIDENTIAL PROPERTY

NRS 279B.010        Legislative findings and declarations.

NRS 279B.020        Definitions.

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

NRS 279B.040        Qualifications for rehabilitation.

NRS 279B.050        Agency to inspect property and interview applicant for rehabilitation; recommendation to governing body.

NRS 279B.060        Written agreement for rehabilitation: Contents; transfer of title or sale of property to applicant upon completion or substantial compliance.

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

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

NRS 279B.090        Preference to applicants with low income and applicants that are organizations which serve natural persons with low income; conditions.

NRS 279B.100        Powers of governing body.

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      NRS 279B.010  Legislative findings and declarations.  The Legislature hereby finds and declares that:

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

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

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

      4.  It is in the public interest to encourage the preservation and maintenance of housing in this State for persons of low or moderate 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 law granting 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 otherwise requires:

      1.  “Abandoned residential property” means residential property which has been:

      (a) Acquired by the governing body pursuant to the provisions of NRS 361.603 or subsection 3 of NRS 279B.100, or by a grant from the Federal Government, the state government or any political subdivision of the State;

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

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

      2.  “Agency” means an agency of a county or city established or designated to administer a program.

      3.  “Governing body” means the governing body of a county or city.

      4.  “Program” means a program for the rehabilitation of abandoned residential properties established by a governing body pursuant to this chapter.

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

      (Added to NRS by 1989, 189)

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

      1.  The governing body of a county or city may adopt an ordinance establishing a program for the rehabilitation of abandoned residential properties in that county or city.

      2.  The ordinance must contain provisions:

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

      (b) Setting forth the criteria for determining the eligibility of an applicant for the rehabilitation of abandoned residential property; and

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

      (Added to NRS by 1989, 190)

      NRS 279B.040  Qualifications for rehabilitation.

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

      (a) Be a natural person who:

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

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

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

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

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

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

      (b) Be an organization that:

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

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

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

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

      (a) Entirely situated within the boundaries of the city or 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  Agency to inspect property and interview applicant for rehabilitation; recommendation to governing body.

      1.  Upon receiving an application for rehabilitation of abandoned residential property, the agency shall inspect the property to determine if rehabilitation of the property is feasible.

      2.  After inspection of the property, the agency shall interview the applicant or, if the applicant is an organization described in paragraph (b) of subsection 1 of NRS 279B.040, the representative of the organization, to determine if the applicant satisfies the criteria for eligibility for the rehabilitation of abandoned 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 body the terms and conditions of the agreement.

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

      NRS 279B.060  Written agreement for rehabilitation: Contents; transfer of title or sale of property to applicant upon completion or substantial compliance.

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

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

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

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

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

      3.  If the applicant substantially complies with the terms and conditions of the agreement but fails to complete the rehabilitation of the property in full compliance with all terms and conditions of the agreement to the satisfaction of the governing body, the governing body must offer to sell the property to the applicant for a price not to exceed the fair market value of the property as it existed before the applicant began any rehabilitation of the property.

      (Added to NRS by 1989, 190)

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

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

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

      (b) Reside on the property.

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

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

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

      1.  During the rehabilitation of the abandoned property, the agency shall provide such advice and technical assistance as may be reasonably requested.

      2.  The applicant for rehabilitation of abandoned residential property shall permit representatives of the agency, the governing body and, if state or federal assistance is involved, the State or Federal Government, to have access to the property during normal business hours to ensure compliance with this chapter and with the provisions of the agreement for rehabilitation.

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

      (Added to NRS by 1989, 190)

      NRS 279B.090  Preference to applicants with low income and applicants that are organizations which serve natural persons with low income; conditions.  If at any time the number of pending applications from qualified applicants for the rehabilitation of abandoned residential property exceeds the number of abandoned properties available for rehabilitation, the governing body shall give preference to:

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

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

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

      NRS 279B.100  Powers of governing body.  The governing body may:

      1.  Establish a panel of contractors who have agreed to provide continuing maintenance at a discount to properties rehabilitated pursuant to this chapter.

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

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

      (Added to NRS by 1989, 191)