CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
Petitioner: |
Steven B. Wolfson, District Attorney |
Recommendation:
title
Authorize the District Attorney's Office to commence an action in the Eighth Judicial District Court of Clark County to enforce various provisions of the Nevada Revised Statutes, Clark County Code and other rules and regulations against property owners of parcel 162-25-301-018, for their construction and maintenance of a dangerous and unpermitted block wall extension located at 2760 Oakleigh Willow Way in Clark County, Nevada. (For possible action)
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FISCAL IMPACT:
Fund #: |
1010.000 |
Fund Name: |
N/A |
Fund Center: |
9990108000 |
Funded PGM/Grant: |
N/A |
Amount: |
Up to $5,000.00 |
Description: |
Miscellaneous court fees and related expenses |
Additional Comments: |
N/A |
BACKGROUND:
Starting on September 12, 2019, Clark County Code Enforcement received multiple and continuing complaints concerning the owners of 2760 Oakleigh Willow Way adding additional courses of cinder blocks to the existing wall which surrounds the property. In some places nine additional courses of cinder blocks have been added on top of the existing wall and the wall is now around thirteen feet tall. The Clark County Building Department has determined that the construction was done without a permit and that the alteration to the walls have caused it to not meet the minimum load design requirements and the wall is not structurally adequate to resist an earthquake. Clark County Code Enforcement has issued several Notices of Violation and Administrative Citations, which the owners have not appealed. The owners have refused to remove their unpermitted construction and have failed to obtain the required land use/building permits. Due to the location and construction of the unpermitted wall it is not feasible for Clark County to abate the issue. Clark County District Attorney's Office sent two demand letters to the owners, demanding that the owners lower the wall on August 22, 2024 and October 2, 2024, the owners initially agreed to lower the wall, but then failed to lower the wall to the height he previously agreed to. Therefore, the District Attorney's Office seeks authorization to commence an action in Clark County District Court by whatever remedy the District Attorney's Office deems necessary to end the unpermitted and dangerous construction and maintenance of the wall in question and to bring the property into compliance with all laws, rules and regulations that apply. This request includes authorization for the District Attorney's Office to collect fees and to seek reimbursement of attorney's fees and costs incurred during the handling of the action.
The District Attorney's Office recommends that the Board of County Commissioners authorize such action.