NYE COUNTY AGENDA INFORMATION FORM X Action a Presentation 0 Presentation & Action Agenda Number. Phone:

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1 NYE COUNTY AGENDA INFORMATION FORM X Action a Presentation 0 Presentation & Action Agenda Number 11 Department: Nye County Clerk I/ Category: Timed Agenda Item 10:00 A.M. on July 6, / ( I1 // Contact: Sandra Merlino Return to: Susan Wharff ( Location: Tonopah Clerk's Office I Phone: Action requested: (Include what, with whom, when, where, why, how much ($) and terms) I Action - Public Hearing and adoption of a Resolution pursuant to NRS for the purpose of considering complaints filed with the Nye County Clerk, alleging the existence of certain nuisances in Beatty, Nevada at the following addresses: Complaint #I - Desert Vista Trailer Park, 350 N. Irving St., Beatty Nevada APN's #I and Complaint #2-209 W. Hill St., Beatty Nevada APN # Phone: f Continued from meeting of: Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Action - Public Hearing and adoption of a Resolution pursuant to NRS for the purpose of considering complaints filed with the Nye County Clerk, alleging the existence of certain nuisances.in Beatty, Nevada at the following addresses: Complaint #I - Desert Vista Trailer Park, 350 N. Irving St., Beatty Nevada APN's #I and Complaint #2-209 W. Hill St., Beatty Nevada APN #I Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 10 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) a No financial impact 11 Routing & Approval (Sign & Date) I 1 Dept Date 1 6. Date I 3. Date I Date 4. Date 8. Legal 9. Budgets Dale I

2 Board of Countv Commissioners Action Clerk of the Board Date Agenda Item No.: I. Department Name: AGENDA FINANCIAL FORM 2. Financial Contact Person: Direct Phone 3. Personnel Contact Person Direct Phone 4. Was the Budget Director consulted during the completion of this form (Y or N )? 5. Does this item require a budget adjustment to be made (Y or N)? 6. Account Number Data: (Complete for all revenue and expenditure lines and for all fiscal years that are impacted. Budgeted: Y=Yes, N=No, A=Absorbed in budget (state how under "Comments" section below.) Budgeted Fund Dept # Function 0 bject $ Amount 7. Comments: Completed by: Signature Date:

3 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that, pursuant to NRS , public hearings will be held by the Nye County Board of Commissioners ("Board"), on the 6th day of July, 2004, at the hour of 10:OO am., in the Commissioner's Meeting Room, 101 Radar Road, Tonopah, Nevada, for the purpose of considering complaints filed with the Nye County Clerk, alleging the existence of certain nuisances in Beatty, Nevada. Complaint 1 : Filed by Beatty Volunteer Fire Department, Jim Benshoof, Fire Chief, alleging the following: Desert Vista Trailer Park, 350 N. Irving St., Beatty, NV APNs and Owned by Caroline Braden, is a nuisance due to 1) Empty trailers used as storage facilities for inoperable stoves, refrigerators, and other unused appliances, 2) Mattresses and other combustible materials stored in and out of trailers all thru the park, 3) Kitchen and bedroom areas cluttered to the extent that they would be considered health hazards, 4) Broken doors and windows with glass all about posing a danger to children in the area, 5) Can be a haven for drug or other criminal activity, 6) Extreme fire hazard. Complaint 2: Filed by Beatty Volunteer Fire Department, Jim Benshoof, Fire Chief, alleging the following: Single Dwelling - AbandonedNacant, 209 W. Hill St., Beatty, NV APN Owned by Alver & Karen Marshall is a nuisance due to 1) Floor is coming apart and in some areas, missing altogether, 2) Windows and doors are broken with glass scattered about, 3) Roof is exposed in areas of the house, 4) Weeds and miscellaneous debris needs to be cleaned up and removed, 5) Fire hazard. Pursuant to NRS , the County Clerk informed the Board regarding the complaints and the Board thereafter took action to fix the above-noticed date, time, and place to hear the proof of the complainants and of the owner or occupants of the real property whereon the alleged nuisances are claimed to exist. The Board will proceed to hear the complaints and any opponents at the abovefixed date, time and place. The Board may adjourn the hearing from time to time, not exceeding 14 days in all. At the hearing, the Board shall receive the proofs offered to establish or controvert the facts set forth in the complaint, and on the final hearing of the complaint, the Board shall by resolution determine whether or not the alleged nuisances exist and, if one or more of them does exist, order the person or persons responsible for such nuisances to abate the same. If the order is not obeyed within five days after service of a copy upon the person or persons responsible for the nuisance, the Board shall cause the abatement of the nuisance and make the cost of abatement a special assessment

4 against the real property. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. Any person desiring to be heard regarding the above complaint is invited to attend and speak on the issue. x+ DATED this / day of June, , Nye County Board of Commissioners

5 Tor~cgrnh Offree Nye County Courthouse Phone (775) 482-8!27 Fax (775) P.O. Box 1031 Tonopah, Nevada OFFICE OF THE NYE COUNTY CLERK rn COUNTY TOMOPAH, NEVADA Sandra blsm" Merlin0 Nye County Clerk Clerk, Fi Judicial District Court Registrar of Voters Ex-OBcio Clerk, Board of County Commissioners Board of Equalization Debt Management Commission Pahnrmp 0 1 Government Caq Phone (775) 75 1-: Fax (775) 727-' 1520 East k in Ave. Suite Pahrump, Nevada 89 June 10,2004 Beatty Volunteer Fire Department Extrication Service P.O. Box 1 13 Beatty, Nevada Attn: Jim Benshoof, Beatty Fire Chief Dear Mr. Benshoof: I spoke with Mike LaSorsa on Thursday, June 10,2004 informing him the owner listed with the Nye County Assessor's office on Property #I was Caroline Lee Braden. Kay Short was listed as the owner on your letter of complaint. We have sent the necessary notice of Public Hearing to Caroline Lee Braden for that property. If you should have any questions I can be reached at (775) Thank you for your time in this matter. Deputy County Clerk kf' cc: Ron Kent, Nye County DA Caroline Lee Braden

6 Parcel Number Last Updated 6/18/03 By LSALOIS... Property Location Subdivision....,...-- B.20 L AC BLOCK.... Lot.,. Town...,,, Property Name..., VISTA Remarks... Parcel # Containinq Descriptive/uocument uata Ag Acres..,,., 0b W/R Acres......do. - - F3=Save & Exit unctions Fl2=Cancel ~14=1mprvmts/~ppraisal Data F15=Legal Descr =Mist Notes Fl7=Factoring History F20= F21=PersonaL Property F22=Ag Land F23=Exemptions F24=Livestock Counts

7 Parcel Number Last Updated 6/18/03 By - LSUOIS,,, I,,,,,,,,,,,,,,,,,,,(Ft6=N.L.owvxs, y?=,d80~~4~nentac)..... NYE 60 TREAS TRSTE 00/01 Force Assmt Not~ce.,,. Assessed Owner, Mail Address... City, State... f NV Zip, Vesting Doc #, Date. Sb3947 6/03/03 Yr,~k,Pg Map Document #s... corr Rqtd D,e,s,ctr9iptsitoqn3, a t, t t, 4 6 & 8 6 c,,,' e 6, 1 1,,, 4, ' 2 8,, 2 8, 8,, 8 it:+.~=&~~xt,i~!n,a ~,wzattim,s), 1 # Dlr Street or Other Descrrptlon Unlt #(s) Property Location... B.20 L AC Subdivision,... - Block,..,- LO^.... Town,... - Property Name... Remarks...,... Parcel # Containing Descrrptive/uocument uata..., 9Lr=,e,, 8, 8 s L 8 3 t 8 > < b >, 4 f G > t s 2 c 8 8 t t < t P b c 1,,, $,,,,,, #,, 8 S, 6 >?, # Total Acres....3'4 Square Feet..,. 15,000 Ag Acres,..,., 00 W/R Acres.... a0 nctions F12=Cancel ~r'l~=~rnprvants/~ppraisal Data F15=LegaX Description F16=M_isc Notes Fl?=Factoring History F2O=Tax Years F21=Personal Property F22=Ag Land F23=Exemptions F24=Livestock Counts

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11 May 18,2004 Sam Merlino Nye County Clerk P.O. Box # Tonopah, Nv Dear Mrs. Merlino; The Beatty Volunteer Fire Department and Extrication Service received several complaints from local citizens concerning three abandonedhacant properties within the town limits of Beatty last September. These complaints were taken to the September 10th town board meeting and were discussed. The consensus of the Board was that they agreed that the issues we were concerned with were true hazards although they did have reservations, along with a few local citizens, that is it our responsibility to police this type of activity. Also, on what basis would we define a hazard. Joni Eastley, Nye County Commissioner was in attendance and suggested that we send a polite letter to those property owners in question, advising them that their properties have been judged hazardous and giving them a chance to resolve the problems. Prior to the September 24th Town Board Meeting, Deputy District Attorney Ron Kent, along with Commissioner Joni Eastley, inspected all three properties. At this time, they stated that they would have no problem agreeing that the three properties just inspected would qualie as public nuisances. Letters were sent to all three property owners and with one exception, we have had no response. Because the Nye County District Attorney's Office was working with us, the Town Board continued to agendize this as an action item up to the present time. Wen it was clear that this line of attack was not working, it was suggested that the Fire its particular problems.

12 The two properties that we are concerned with at this time are: # 1. Desert Vista Trailer Park- AbandonedrVacant #18307-O2 #l83o7-o3 350 N. Irving St. Beatty, Nv Owner; Kay Short/ Previous Owner- Lee Braden Box 670 Beatty, Nv #2. Single Dwelling- AbandonedlVacant # W. Hill St. Beatty, Nv Owners: Alver & Karen Marshall #I Property 1. Empty trailers used as storage facilities for inoperable stoves, refrigerators, and other unused appliances. 2. Mattresses and other combustible materials storedin and out of trailers all thru the park. 3. Kitchen and bedroom areas cluttered to the extent that they would be considered health hazards. 4. Broken doors and windows with glass all about posing a danger to children in the area. 5. Can be a haven for drug or other criminal activity 6. Extreme fire hazard ##2 Property 1. Floor is coming apart and in some areas, missing altogether. 2. Windows and doors are broken with glass scattered about. 3. Roof is exposed in areas of the house. 4. Weeds and miscellaneous debris needs to be cleaned up and removed. 5. Fire Hazard.

13 Again, the Fire Department has sent letters to all those property owners in question with no response to date. These issues are public safety issues that are very important and needs to be resolved as soon as possible. We hoped that we could resolve these issues privately and regret that we have no choice but to file a public nuisance complaint. Sincerely; /" / Jim Benshoof / Beatty Fire Chief

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