File #: 24-426   
Status: Agenda Ready
File created: 3/20/2024 In control: Clark County Board of Commissioners
On agenda: 4/2/2024 Final action:
Title: Approve the Settlement Agreement and Mutual Release in the matter of District Court Case No. A-22-851490-C, entitled Clark County v. Apex Apartments, et al; and authorize the County Manager to sign the Agreement; or take action as deemed appropriate. (For possible action)
Attachments: 1. Staff Report, 2. 2024.3.21 Apex_Settlement_Agreement_and_Release

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Steven B. Wolfson, District Attorney

Recommendation: 

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Approve the Settlement Agreement and Mutual Release in the matter of District Court Case No. A-22-851490-C, entitled Clark County v. Apex Apartments, et al; and authorize the County Manager to sign the Agreement; or take action as deemed appropriate.  (For possible action)

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FISCAL IMPACT:

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Additional Comments:

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BACKGROUND: 

On April 19, 2022, the Board of County Commissioners authorized the District Attorney's Office to commence an action in the Eighth Judicial District Court against persons and entities using property located at 905 and 955 E Twain Ave. for an unsafe apartment house and other unlawful purposes.  The District Attorney's Office filed a complaint alleging that Apex Apartments had violated laws relating to habitability, zoning, business license and its receipt of funds as part of the Clark County CARES Housing Assistance Program (CHAPS).  The District Attorney's office obtained a preliminary injunction in case A-22-851490-C which required the owners of Apex Apartments to obtain security guards, make habitability improvements, and comply with other zoning and business licensing requirements.  This Settlement Agreement will require Apex Apartments to continue to follow the necessary safety and habitability provisions included in the preliminary injunction, to follow additional habitability and safety requirements not contained in the preliminary injunction and to pay Clark County $45,000.00.  Clark County will issue Apex Apartments a temporary business license within 14 days of the Board's approval.  The settlement terms incorporate the requests of the Department of Business License, Comprehensive Planning, Code Enforcement, Social Services, and Las Vegas Metropolitan Police Department to ensure the property is safe for residents of Clark County.

The District Attorney's Office recommends that the Board of County Commissioners approve the settlement agreement and authorize the County Manager to sign the settlement agreement on behalf of Clark County.