§ 341.105 — Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work; penalties; contest; enforcement

Nevada § 341.105

• Jurisdiction: Nevada
• Title 28: PUBLIC WORKS AND PLANNING
• Ch. 341: State

Text

1. When acting in the capacity of building official pursuant to subsection 9 of NRS 341.100 , the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or his or her designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.
2. If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.
3. Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150 . Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.
4. In addition to the criminal penalty set forth in subsection 3, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.
5. If a person wishes to contest an order issued to the person pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.
6. If a person refuses to comply with an order issued pursuant to subsection 1, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney’s fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.
7. No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division, Director of the Department, Administrator, Board or the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or any officers, employees or agents of the Division in carrying out the provisions of this section.
8. As used in this section, “person” includes a government and a governmental subdivision, agency or instrumentality.

Legislative History

(Added to NRS by 2003, 2482 ; A 2007, 3269 ; 2011, 2967 ; 2013, 394 )