NRS 341.105
Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work

  • penalties
  • contest
  • enforcement.

1.

When acting in the capacity of building official pursuant to subsection 9 of NRS 341.100, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or his or her designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.

2.

If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.

3.

Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150. Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

4.

In addition to the criminal penalty set forth in subsection 3, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.

5.

If a person wishes to contest an order issued to the person pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.

6.

If a person refuses to comply with an order issued pursuant to subsection 1, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney’s fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.

7.

No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division, Director of the Department, Administrator, Board or the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or any officers, employees or agents of the Division in carrying out the provisions of this section.

8.

As used in this section, “person” includes a government and a governmental subdivision, agency or instrumentality.

Source: Section 341.105 — Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work; penalties; contest; enforcement., https://www.­leg.­state.­nv.­us/NRS/NRS-341.­html#NRS341Sec105.

341.010
Definitions. 341.011
“Administrator” defined. 341.013
“Board” defined. 341.014
“Department” defined. 341.017
Creation 341.019
Inapplicability of chapter to Legislative Branch 341.020
Creation 341.041
Replacement of appointed member for failure to attend meetings. 341.050
Compensation of members 341.060
Organization 341.070
Conduct of business: Rules 341.080
Record of official actions. 341.083
Reports and recommendations: Priority of construction 341.085
Regulations. 341.087
Adoption of certain seismic provisions and standards. 341.091
Adoption of standards and performance guidelines relating to efficient use of water and energy. 341.100
Appointments 341.105
Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work 341.110
General powers and duties of Administrator 341.119
Delegation by Administrator of certain authority of Division to state agency. 341.121
Usage of grants. 341.125
Contracts with United States 341.126
Authorized expenditures. 341.127
Duty to cooperate with state agencies and local planning commissions concerning planning and works of art. 341.128
Duty to periodically inspect state-owned buildings and physical plant facilities of state-owned institutions 341.130
Authority to participate in interstate, regional and national projects and to confer and cooperate with federal officials and entities of neighboring states. 341.140
Authority to publicize and educate concerning problems of state planning. 341.141
Engineering and architectural services to be furnished by Division for buildings constructed on state property or with legislative appropriation 341.142
Advance planning of project. 341.0145
“Division” defined. 341.145
Powers and duties of Administrator concerning design, construction and repairs 341.146
Funds for projects of capital construction: Establishment and use 341.148
Advertisement for sealed bids required for projects whose estimated cost exceeds $100,000 341.151
Calculation of final total cost of building including initial construction costs and operating costs for expected useful life of building 341.155
Contracts for consulting services by state agencies to determine and plan necessary construction work. 341.161
Contracts with licensed contractors for services which assist Division in design and construction of projects of capital improvement 341.166
Contracts with licensed contractors for services which assist Division in development and review of designs, plans, specifications and estimates of costs for proposed construction projects 341.1265
Temporary transfer of money from State General Fund to state building construction project accounts for projects financed with federal money authorized. 341.1405
Legislative findings and declaration. 341.1407
Applicability of provisions to construction of buildings for Nevada System of Higher Education. 341.1455
Issuance of permits to private persons by Deputy Administrator of the Public Works - Compliance and Code Enforcement Section.
Last Updated

Jun. 24, 2021

§ 341.105’s source at nv​.us