CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Steven B. Wolfson, District Attorney |
Recommendation:
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Approve and authorize the Chair to sign the Conciliation Agreement / Voluntary Compliance Agreement between Clark County, the U.S. Department of Housing and Urban Development and Natalie Gigliotti for a negotiated settlement in the administrative complaint between Natalie Gigliotti et. al. v. Clark County, Case No. 09-21-6131-8 and 09-21-6131-D, relating to Code Enforcement case CE 21-01081. (For possible action)
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FISCAL IMPACT:
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Fund #: |
1010.000 |
Fund Name: |
Administrative Service/Code Enforcement |
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Fund Center: |
1080716000 |
Funded PGM/Grant: |
N/A |
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Amount: |
$100.00 (reimbursement) |
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Description: |
Settlement of administrative complaint regarding code enforcement case CE 21-01081 |
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Additional Comments: |
N/A |
BACKGROUND:
On July 19, 2021, Natalie Gigliotti, Vince Scott Gigliotti, and Susan Frush-Feller (“Complainants”) filed a complaint with the United States Department of Housing and Urban Development (“HUD”) alleging that Clark County and Lt. David Pollex violated provisions within the Fair Housing Act, Title VIII of the Civil Rights Act and the American with Disabilities Act by failing to grant a reasonable accommodation to allow Complainants to keep nine chickens and one rooster at a residential property (5177 Sunnywood Dr., Las Vegas, NV 89120). HUD opened an investigation related to these allegations and Clark County’s other policies and practices that are unrelated to the specific facts in the complaint. HUD has the authority to negotiate settlements between parties and enter into agreements to ensure future compliance with federal law.
This agreement would both settle the disputes between the Complainants and Clark County relating to the specific facts of the administrative complaint and HUD’s general concerns about Clark County’s actions in similar disputes that may occur in the future. It provides that the County would pay Complainants $100.00 (to reimburse the administrative citation that was paid for having chickens in violation of the zoning code), allow Complainants to have three hens at the property as a reasonable accommodation, and agree to process all of her future requests for reasonable accommodations in accordance with federal law in exchange for the waiver, release, and covenant not to sue Clark County with regard to any and all claims arising out of the subject matter of CE 21-01081.
The agreement also requires Clark County to do the following for the benefit of the general public: for one member of the District Attorney’s Office and one member of Code Enforcement to attend an online three hour HUD training; for Clark County to agree to update its website and other materials to inform the public how to request an accommodation with respect to the zoning code because of a disability; for Clark County to provide a grievance procedure in the case where an individual is denied an accommodation; and for Clark County to follow all other requirements of federal law.
This settlement eliminates the risk of liability to the County for litigation costs and fees that could result from a continued HUD investigation and possible federal lawsuit. The District Attorney’s Office has reviewed and approved the settlement agreement. The term of this Conciliation Agreement / Voluntary Compliance Agreement is one year.