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File #: 22-0919   
Status: Agenda Ready
File created: 6/9/2022 In control: Clark County Board of Commissioners
On agenda: 6/21/2022 Final action:
Title: Ratify the Settlement Agreement between Clark County and Gary Wu to settle litigation and outstanding code violations or take other action as appropriate. (For possible action)
Attachments: 1. Staff Report, 2. Wu Gary - ShortTermRental Violation Settlement Agreement Effective 05252022.pdf

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Steven B. Wolfson, District Attorney

Recommendation: 

title

Ratify the Settlement Agreement between Clark County and Gary Wu to settle litigation and outstanding code violations or take other action as appropriate. (For possible action)

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FISCAL IMPACT:

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Funded PGM/Grant:

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Additional Comments:

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BACKGROUND: 

Gary Wu is the managing member of 3090 El Camino LLC and 6465 Coley LLC. These companies initiated civil actions against Clark County, challenging the civil penalties, administrative citations and liens imposed against the companies related to various code enforcement violations related to the illegal operation of short-term rentals and building violations. Clark County obtained dismissal of the cases in District Court and Mr. Wu appealed to the Nevada Supreme Court where a court ordered mediation took place. Clark County and Mr. Wu agreed to settle the case at the mediation and entered into a global settlement agreement, which includes all properties owned by Mr. Wu in unincorporated Clark County. The settlement agreement includes the following terms: (1) Mr. Wu will pay Clark County $122,474.37 (42.5% of the outstanding penalties for all properties), (2) Mr. Wu covenants to not engage in any transient lodging activity at any property in unincorporated Clark County, (3) Mr. Wu will dismiss all litigation against Clark County, (4) upon payment of $122,474.37, Clark County will release the liens related to the outstanding penalties. This agreement is effective as of May 25, 2022. However, Mr. Wu has until July 6, 2022, to fully pay the settlement payment and cease all transient lodging activities.

The District Attorney's Office recommends that the Board of County Commissioners ratify the settlement agreement.