1.  The owners of real property within an unincorporated area of a county whose population is less than 100,000 may initiate the creation of a district by filing a petition signed by at least 66 2/3 percent of the owners with the board of county commissioners of the county where the proposed district is located. A district may not include territory located within more than one county.

Terms Used In Nevada Revised Statutes 320.060

  • Contract: A legal written agreement that becomes binding when signed.
  • county: includes Carson City. See Nevada Revised Statutes 0.033
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U. See Nevada Revised Statutes 0.050
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

2.  A petition filed pursuant to subsection 1 must include:

(a) The name, address and signature of each person named in the petition;

(b) The total acreage of the area proposed to be included within the district;

(c) The number of owners of real property in that area;

(d) A detailed map of that area;

(e) A description of any proposed contract for the maintenance of roads in the district; and

(f) The estimated annual cost to perform the proposed contracts to maintain roads in the district.

3.  If a petition is filed pursuant to subsection 1, the board of county commissioners with whom the petition is filed shall hold a hearing to consider the petition at its next regularly scheduled meeting held after the date the petition is filed.

4.  Except as otherwise provided in this subsection, if a board of county commissioners decides to create a district after holding a hearing pursuant to subsection 3, it shall, at its next regularly scheduled meeting held after the hearing is conducted, adopt a resolution creating the district. A board of county commissioners shall not adopt a resolution pursuant to this subsection if, within 60 days after a hearing is held pursuant to subsection 3, 51 percent or more of the owners of real property within the proposed district file a petition with the board of county commissioners opposing the creation of the district.

5.  A resolution adopted pursuant to subsection 4 must include a procedure to allow a person who owns real property within the district to apply for a hardship determination that would exempt the person from paying the fees assessed pursuant to this chapter. The procedure must include, without limitation:

(a) A method for allowing a person who owns real property within the district to submit to the board a written application for a hardship determination at least 90 days before the due date of an assessment;

(b) A method for determining whether such a person qualifies for a hardship exemption;

(c) A requirement for the periodic renewal of the hardship determination;

(d) A requirement that the board make a decision on the application within 30 days after the filing of the application;

(e) A requirement that the board notify the board of county commissioners in writing of the denial of an application and the reason for denying the application; and

(f) A procedure for appealing the denial of an application by the board to the board of county commissioners.

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