NRS 318.118
Insect and rat extermination and abatement.


1.

In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica, the board may:

(a)

Take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica from that territory migrate or are caused to be carried into the district;

(b)

Subject to the paramount control of any county or city in which the district has jurisdiction, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica from that territory migrate or are caused to be carried into the district;

(c)

If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights-of-way, easements, property or material necessary for any of those purposes;

(d)

Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;

(e)

Enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica exist upon those lands;

(f)

Abate public nuisances in accordance with this chapter;

(g)

Ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica upon those lands;

(h)

Treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica upon those lands;

(i)

Sell or lease any land, rights-of-way, easements, property or material acquired by the district; and

(j)

Sell real property pursuant to this subsection to the highest bidder at public auction after 5 days’ notice given by publication.

2.

In connection with the basic power stated in this section, the district may:

(a)

Levy annually a general ad valorem property tax of not exceeding:

(1)

Fifteen cents on each $100 of assessed valuation of taxable property; or

(2)

Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.

(b)

Levy a tax in addition to a tax authorized in paragraph (a), if the additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to 7, inclusive.

3.

The proceeds of any tax levied pursuant to the provisions of this section must be used for purposes pertaining to the basic purpose stated in this section, including, without limitation, the establishment and maintenance of:

(a)

A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and

(b)

An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.

4.

Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of money required during an ensuing fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:

(a)

At a special election or the next primary or general election submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional money;

(b)

Provide the form of the ballot for the election, which must contain the words “Shall the district vote a tax to raise the additional sum of ........?” or words equivalent thereto;

(c)

Provide the form of the notice of the election and provide for the notice to be given by publication; and

(d)

Arrange other details in connection with the election.

5.

A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.

6.

Except as otherwise provided in this chapter:

(a)

The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;

(b)

The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and

(c)

The board shall canvass the returns of the election at any regular or special meeting held within 6 working days following the date of the election, or at such later time as the returns are available for canvass, and shall declare the results of the election.

7.

If a majority of the qualified electors of the district who voted on any proposition authorizing the additional tax voted in favor of the proposition, and the board so declares the result of the election:

(a)

The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount must be prorated for each county by the district board in the same way that the district’s original total estimate of money is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and

(b)

The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.

8.

The district shall not:

(a)

Borrow money except for medium-term obligations pursuant to chapter 350 of NRS;

(b)

Levy special assessments; or

(c)

Fix any rates, fees or other charges except as otherwise provided in this section.

9.

The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such an abatement and notice thereof by mail addressed to the last known owner or owners of record at the last known address or addresses of the owner or owners, as ascertained from any source the board deems reliable, or in the absence of the abatement within a reasonable period fixed by the board, to cause the district to abate the nuisance, as follows:

(a)

At the hearing, the district board shall redetermine whether the owner must abate the nuisance and prevent its recurrence, and shall specify a time within which the work must be completed;

(b)

If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;

(c)

The cost of abatement must be repaid to the district by the owner;

(d)

The money expended by the district in abating a nuisance or preventing its recurrence is a lien upon the property on which the nuisance is abated or its recurrence prevented;

(e)

Notice of the lien must be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;

(f)

An action to foreclose the lien must be commenced within 6 months after the filing and recording of the notice of lien;

(g)

The action must be brought by the district board in the name of the district;

(h)

When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure must be paid to the district and the surplus, if any, must be paid to the owner of the property if known, and if not known, must be paid into the court in which the lien was foreclosed for the use of the owner if ascertained; and

(i)

The lien provisions of this section do not apply to the property of any county, city, district or other public corporation, except that the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property pursuant to this chapter upon presentation by the district board of a verified claim or bill.

Source: Section 318.118 — Insect and rat extermination and abatement., https://www.­leg.­state.­nv.­us/NRS/NRS-318.­html#NRS318Sec118.

318.010
Short title.
318.015
Legislative declaration.
318.020
Definitions.
318.025
Computation of time.
318.030
Correction of faulty notices.
318.035
Sufficiency of chapter.
318.040
Liberal construction.
318.050
Jurisdiction in board of county commissioners
318.055
Formation of district: Resolution or petition
318.060
Notice of organizational hearing.
318.065
Protests against organization of district.
318.070
Organizational hearing
318.075
Conclusiveness of ordinance creating district
318.077
Addition of basic powers not provided in formation: Procedure.
318.080
Duties of board of county commissioners
318.083
Membership of board of trustees of certain districts that furnish electric light and power in a county whose population is 700,000 or more.
318.085
Organization of board of trustees
318.090
Office or principal place of business
318.095
Biennial election of trustees
318.098
Assistance to district from county officers: Request
318.100
Basic powers of board
318.101
Power of board to use alternate procedures for acquisition, construction or servicing of improvements.
318.102
Powers of district concerning location and construction of improvements subordinate to powers of Nevada Tahoe Regional Planning Agency.
318.103
Powers of district concerning location and construction of improvements subordinate to powers of regional planning agency.
318.105
Perpetual existence of board.
318.110
Corporate seal.
318.115
Suits, actions and proceedings.
318.116
Basic powers which may be granted to district.
318.117
Electric light and power.
318.118
Insect and rat extermination and abatement.
318.119
Public cemeteries.
318.120
Streets and alleys.
318.125
Curbs, gutters and sidewalks.
318.130
Sidewalks.
318.135
Storm drainage or flood control.
318.140
Sanitary sewer improvements.
318.141
Lighting of streets.
318.142
Collection and disposal of garbage and refuse.
318.143
Recreational facilities.
318.144
Supply, storage and distribution of water.
318.145
Operation, maintenance and repair of improvements.
318.160
Acquisition and disposal of and encumbrances on property.
318.165
Entry on land, water or premises to survey or inspect.
318.170
Water, drainage, sewerage and disposal of garbage and other refuse: Approval of system
318.175
Management of district’s business
318.180
Employees: Power to hire and retain.
318.185
Employees: Duties and compensation.
318.190
Eminent domain.
318.195
Construction of works across watercourse, highway or vacant public land
318.197
Rates, tolls and charges
318.199
Rates, tolls and charges for sewerage or water services or products: Schedules
318.201
Procedure for collection of service charges on tax roll.
318.202
Procedure for collection of charges for connecting to water, drainage or sewerage facilities on tax roll or by special assessments.
318.203
Structure reasonably believed to be used as dwelling unit in certain counties: Affidavit filed by employee of district or other person
318.205
Bylaws.
318.210
Implied powers.
318.215
Conveyance of facilities to city or town
318.220
Conveyances by cities, counties, districts or other owners to general improvement districts.
318.225
Power to levy taxes.
318.230
Levy and collection of taxes.
318.235
Levies to cover deficiencies.
318.240
County officers to levy and collect
318.245
Sales for delinquencies.
318.250
Reserve funds.
318.256
Boundary changes
318.257
Exclusion.
318.258
Inclusion.
318.261
Annexation of territory to district.
318.262
Petition to enlarge district
318.263
Petition: Contents.
318.264
Petition: Withdrawal and objections.
318.266
Public hearing
318.267
Determination by board
318.268
Reimbursement to property owners who paid costs of extending facilities.
318.269
Liability of included real property for taxes, charges and bonded indebtedness of district
318.271
Appeal of denied petition to board of county commissioners.
318.272
Judicial review.
318.275
Forms of borrowing
318.277
Debt limit of district.
318.280
Short-term notes, warrants and interim debentures.
318.320
Revenue bonds: Issuance for acquisition or improvement of facilities.
318.325
Local Government Securities Law: Types of securities authorized to be issued.
318.339
Power of certain districts to borrow money from State or Federal Government.
318.350
Assessments to pay expenses of improvements
318.490
Initiation by ordinance
318.492
Procedure when district included within boundaries of incorporated city.
318.495
Protests
318.500
Hearing.
318.505
Filing of copies of ordinance.
318.508
Effect of final ordinance to dissolve district included within boundaries of incorporated city.
318.510
Surrender and transfer of property and money
318.512
Appraisal required
318.515
Procedure for corrective action by board of county commissioners: Notification or petition
318.520
Rights and liabilities not affected by enactment.
318.530
Outstanding securities and contracts not affected or modified.
318.0951
Trustees elected by plurality vote.
318.0952
Election areas within district: Procedure for creation
318.0953
County commissioners as ex officio board of trustees: Mandatory and optional assumption of duties.
318.0954
Transition of boards of trustees of certain reorganized districts.
318.0955
Recall of trustees.
318.0956
Trustees not to be interested in sales or contracts
318.0957
Trustees’ interest in contracts made in official capacity prohibited
318.1175
Energy for space heating.
318.1177
Establishment of area or zone for preservation of endangered or threatened wildlife.
318.1181
Protection from fire.
318.1185
Emergency medical services.
318.1187
Facilities for FM radio.
318.1191
Swimming pools.
318.1192
Facilities for television.
318.1195
Fencing.
318.1445
District not required to furnish water for artificial lake or stream when prohibited by ordinance in certain counties
318.5121
Appraisers: Procedures for selection
318.5122
Resolution declaring intent to sell at auction and finding that sale is in best interest of district
318.5123
Conduct of sale at auction
318.5124
Exceptions to requirements for sale at auction.
318.5125
Second offering at auction
318.5126
Sale not in compliance with requirements is void.
318.09523
Single candidate declared elected.
318.09525
Registration to vote in district elections.
318.09533
County commissioners as ex officio board of trustees: Oath
318.09535
County commissioners as ex officio board of trustees: Establishment of local district managing board
Last Updated

Jun. 24, 2021

§ 318.118’s source at nv​.us