Nevada § 318A.360 - Structure reasonably believed to be used as dwelling unit in certain counties: Affidavit filed by employee of district or other person; notice and hearing; resolution to charge owner of dwelling unit for services provided by district

§ 318A.360. Structure reasonably believed to be used as dwelling unit in certain counties: Affidavit filed by employee of district or other person; notice and hearing; resolution to charge owner of dwelling unit for services provided by district

1. If an employee of a district or other person has a reasonable belief that a dwelling

unit exists that is not currently being charged for services provided by a district

in a county whose population is less than 700,000, the employee or other person may

submit an affidavit to the board of trustees of the district, setting forth the facts

upon which the employee or other person bases his or her belief, including, without

limitation, personal knowledge and visible indications of use of the property as a

dwelling unit. 2. If a board of trustees receives an affidavit described in subsection 1, the board

may set a date for a hearing to determine whether the unit referenced in the affidavit

is being used as a dwelling unit. At least 30 days before the date of such a hearing, the board shall send a notice

by certified mail, return receipt requested, to the owner of the property where the

unit referenced in the affidavit is located at the address listed in the real property

assessment roll in the county in which the property is located. The notice must specify the purpose, date, time and location of the hearing. 3. Except as otherwise provided in this subsection, if, after the hearing, the board

determines that the unit referenced in the affidavit submitted pursuant to subsection

1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative

votes of not less than two-thirds of the total membership of the board to charge the

owner pursuant to NRS 318A.350 for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory

to the board that the unit referenced in the affidavit is not being used as a dwelling

unit. 4. As used in this section: (a) “ Dwelling unit ” means a structure that is designed for residential occupancy by one or more persons

for living and sleeping purposes, consisting of one or more rooms, including a bathroom

and kitchen. The term does not include a hotel or a motel. (b) “ Kitchen ” means a room, all or part of which is designed or used for storage, refrigeration,

cooking and preparation of food. (c) “ Owner ” means a person to whom the parcel of real property upon which the unit referenced

in an affidavit submitted pursuant to subsection 1 is located is assessed in the most

recent assessment roll available.