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STANDARD OPERATING PROCEDURES

 

LDCS - MANAGER, CODE ENFORCEMENT & GRAFFITI REMOVAL

LDCS - CE OFFICE ASSISTANT/SENIOR OFFICE ASSISTANT

LDCS - LEAD CODE ENFORCEMENT OFFICER

 

 

APPEAL PROCESS

 

  1. Responsibilities
    1. The Code Enforcement Manager (CEM) establishes the policy and procedures for appealing fees, fines and penalties in accordance with the North Las Vegas Municipal Code.
    2. The Lead Code Enforcement Officer (LCEO), may handle Level I appeals at the direction of the CEM
    3. Code Enforcement Officers (CEO) may handle Level I appeals at the direction of the CEM or the LCEO.
    4. Office Assistants prepare appeal paperwork for the CEM, Hearing Officers and the Citizen Appeal Board. They also set up payment arrangements with appellants.
  1. Procedures
    1. Level 1 Administrative Appeal.
      1. Level I Appeals are decided administratively by the CEM or his designee.
      2. In order to be considered, the appeal must meet all of the following criteria;

a)    The appeal application must be completed in full, either electronically or in person, with no omissions. Incomplete applications will not be accepted. The application must include all of the following information:

(1)  Full name of the appellant.

(2)  Current address of the appellant.

(3)  A reference (case number, property address or parcel number) to the fee, fine or penalty being appealed.

(4)  The grounds for appeal.

b)    The application must be submitted within thirty (30) calendar days from the date the fee, fine or penalty was issued. Appeals received after 30 days will not be accepted.

(1)  Appeals submitted for late fees issued for non-payment will only address the late fees, not the original fee, fine or penalty.

c)    Payment of the Level I appeal fee must be made within seven (7) calendar days from the date of filing the appeal.

(1)  If no payment is received the appeal is automatically cancelled. The due date of the fee, fine or penalty is NOT adjusted and remains the same in this case.

      1. Accepted appeal applications will then be forwarded to the CEM or his designee for consideration. During this time, no late fees will accrue however, this does not absolve the property owner or occupant from removing the violation or otherwise bringing the property into compliance.
      2. The CEM or designee, after reviewing the case file and photos and the nature of the violation will determine whether the property owner or occupant is “liable” or “not liable” for the fee, fine or penalty imposed.

a)    If found “not liable” the fee, fine or penalty will be voided as the CEM will have determined that no violation existed.

b)    A finding of “liable” will present the CEM or designee with the following choices regarding payment:

(1)  The fee, fine or penalty will be paid in full.

(2)  The fee, fine or penalty will be paid but a lesser amount will be accepted as payment in full.

(3)  The fee, fine or penalty will be waived.

c)    Appellants found liable must, within fifteen (15) calendar days either:

(1)  Pay in full the entire appealed amount outstanding

(2)  Arrange a payment schedule and pay the payment scheduling fee.

(3)  Request an escalation to a Level II appeal and pay the Level II appeal fee.

d)    If the appellant was offered a reduced fee, fine or penalty but decides to escalate to a Level II Appeal, the offer will be rescinded and the escalated appeal will be for the full amount.

    1. Level II Appeal Hearing
      1. Level II Appeals require the appellant to be present and are decided by an independent hearing officer. The hearing officer will be an attorney licensed to practice law in the State of Nevada.

a)    In order to be eligible for a Level II appeal all of the following criteria must be met:

(1)  The appellant must have already been found liable in a Level I appeal.

(2)  The Level II appeal application must have been completed in full.

(a)  The application is the same as the Level I appeal with the addition that the appellant must also explain why they disagree with the Level I decision.

(3)  The Level II appeal fee must have been paid within fifteen (15) calendar days from the decision date of the Level I appeal.

(4)  They must agree to appear in person at the hearing.

(5)  They must agree to be bound by the decision of the hearing officer.

b)    Hearings will be held once per month on the second Wednesday of the month. If the hearing date falls on a holiday, the hearing will take place on the next Wednesday after that date.

 

      1. Level II Appeal Hearing Procedure

a)    The Hearing officer will be provided with a packet containing the following information

(a)   an explanation of the violations at the property

(b)   a copy of the officers case notes

(c)  a copy of the photos taken of the violations

(d)   the application for the appeal hearing

(2)  The appellant may bring with them any pertinent documentation to present to the hearing officer at the hearing.

(3)   The hearing officer will be given the opportunity to review the materials before rendering a decision.

(4)  If they so choose, the hearing officer may ask pertinent questions to clarify the facts of the case, the violation or the appeal.

(5)  The hearing officer will find the appellant to be either “liable” or “not liable”.

(a)  If found “not liable” the hearing officer is finding that no violation existed and all fees, fines and penalties are voided.

(b)  If found “liable” the hearing officer is finding that the violation(s) did exist. The hearing officer must then also determine the amount to be paid based on the following options:

                                                                                                    (i)        Liable, to be paid in full.

                                                                                                  (ii)        Liable, but waiving half of the fees, fines or penalties.

                                                                                                 (iii)        Liable, with all fees, fines and penalties waived. In order to be eligible for this decision the appellant must have brought the property into full compliance prior to the hearing.

                                                                                                 (iv)        Appellants found liable must, within fifteen (15) calendar days either:

(a)  Pay in full the entire appealed amount outstanding

(b)  Arrange a payment schedule and pay the payment scheduling fee.

(6)  Failure of the appellant to appear at the hearing will result in an automatic finding of “liable” and all fees, fines and penalties will be due in full within fifteen (15) calendar days.

      1. Level II Alternative Procedure

a)    In the absence of a hearing officer, a Citizens Appeal Board (CAB) will decide the appeal.

(1)  The CAB will be composed of an odd number, but no less than three, members of the community, who are not employees of the City, and are appointed by the CEM.

(a)  Members of the CAB must demonstrate the ability to interpret and comprehend the Municipal Code.

(b)  They may not have any personal connection with the appellant.

(2)   CAB members will review the appeal as submitted by the appellant and the case information and photos. They may ask pertinent questions if they choose to clarify either the facts of the case or the appellants response.

(3)  Each member of the of the CAB will then vote to find the appellant either “liable” or “not liable”

(a)  If found “not liable” all fees, fines and penalties will be voided as this determination requires that no violation occurred. All appeal fees will be returned to the appellant.

(b)  If found “liable” the CAB will then vote to determine the amount to be paid by the appellant based on the following options:

                                                                                                    (i)        Liable, to be paid in full.

                                                                                                  (ii)        Liable, but waiving half of the fees, fines or penalties.

                                                                                                 (iii)        Liable, with all fees, fines and penalties waived. In order to be eligible for this decision the appellant must have brought the property into full compliance prior to the hearing.

                                                                                                 (iv)        Appellants found liable must, within fifteen (15) calendar days either:

(a)  Pay in full the entire appealed amount outstanding.

(b)  Arrange a payment schedule and pay the payment scheduling fee.

b)    Failure of the appellant to appear at the hearing will result in an automatic finding of “liable” and all fees, fines and penalties will be due in full within fifteen (15) calendar days.

    1. Non-payment
      1. If, after having been found liable in either a Level I or Level II appeal, the property owner fails to make payment in full, or fails to adhere to an agreed payment plan, a lien for the outstanding amount owed and any applicable additional fees will be placed against the property.