File #: 24-918   
Status: Agenda Ready
File created: 6/19/2024 In control: Clark County Board of Commissioners
On agenda: 7/2/2024 Final action:
Title: Approve and authorize the Chief of Code Enforcement to sign the settlement agreement between Clark County and Husam Zriek to settle a dispute regarding fines for transient lodging. (For possible action)
Attachments: 1. Staff Report, 2. 2024.6.18 3530 Sandcliff Ln. Settlement Agreement

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Steven B. Wolfson, District Attorney

Recommendation: 

title

Approve and authorize the Chief of Code Enforcement to sign the settlement agreement between Clark County and Husam Zriek to settle a dispute regarding fines for transient lodging. (For possible action)

body

 

 

FISCAL IMPACT:

Fund #:

1010.000

Fund Name:

General Fund

Fund Center:

1080716000

Funded PGM/Grant:

N/A

Amount:

$0.00

Description:

N/A

Additional Comments:

N/A

 

BACKGROUND: 

Husam Zriek is the owner of 3530 Sandcliff Ln., Las Vegas, Nevada. On around May 9, 2023, a member of the public submitted a complaint to Clark County alleging that the property was being used for big parties and that there were new tenants every one to two weeks. Clark County Code Enforcement investigated and found that the property was being advertised on Airbnb and began regular inspections. On May 17, 2023, Clark County issued a Notice of Violation to Mr. Zriek, informing him to cease short-term rentals at the property or fines for each day of a short-term rental would be issued. Mr. Zriek did not appeal this Notice of Violation. On February 9, 2024, Clark County Code Enforcement spoke with a short-term renter at the property who confirmed they had rented the property for four nights. As a result, Code Enforcement issued an administrative citation for transient lodging in the amount of $1,350.00, which Mr. Zriek did not appeal. Clark County Code Enforcement continued to inspect the property for compliance and eventually issued an administrative subpoena to Airbnb when they observed that the Airbnb advertisement was still active. The administrative subpoena was issued to find any short-term rental violations for the dates after the Notice of Violation was served. Mr. Zriek attempted to quash the administrative subpoena issued to Airbnb in District Court Case # A-24-889958-P, but the case was dismissed for lack of standing. After dismissal of the District Court Case, Code Enforcement and Husam Zriek negotiated a settlement agreement regarding the $1,350.00 unpaid administrative citation before a new administrative citation could be issued based upon the results of the administrative subpoena issued to Airbnb. The administrative subpoena results showed that Mr. Zriek rented the property short-term after the Notice of Violation was issued for a total of 106 additional nights, which would have resulted in a $53,000.00 administrative citation under the Clark County Code. The settlement agreement includes the following terms: (1) Mr. Zriek will pay Clark County $1,350.00, (2) Mr. Zriek personally covenants to not engage in any transient lodging activity at any property in unincorporated Clark County without a license, (3) Clark County will not issue an administrative citation based on the results of the administrative subpoena for $53,000.00, but that amount will be owed to Clark County if the personal covenant is violated.

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