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BILL NO. 2025-02 PAHRUMP TOWN ORDINANCE NO.74 SUMMARY: An Ordinance Amending Pahrump Town Ordinance Chapter 8 Titled Business Regulations by Adding Article V Titled Short Term Vacation Rental Licensing Requiring Business Licensing and Registration for Short Term Vacation Rentals and the Collection of Room Tax by Adding Section 8.115 Titled Purpose of Ordinance, Section 8.116 Titled Short Title, Section 8.117 Titled Definitions, Section 8.118 Titled Standards, Section 8.119 Titled Registration Requirements, Section 8.120 Titled Transient Lodging Tax, Section 8.12 1 Titled Enforcement Process, Section 8.122 Titled Appeals, Section 8.123 Titled Delinquent Transient Lodging Tax, Section 8.124 Titled Termination of Registration, Section 8.125 Titled Administrative Hearing: Termination of Registration, Section 8.126 Titled Fines and Fees, and Providing for the Severability, Constitutionality, and Effective Date Thereof; and Other Matters Properly Relating Thereto. TITLE: AN ORDINANCE AMENDING PAHRUMP TOWN ORDINANCE CHAPTER 8 TITLED BUSINESS REGULATIONS BY ADDING ARTICLE V TITLED SHORT TERM VACATION RENTAL LICENSING REQUIRING BUSINESS LICENSING AND REGISTRATION FOR SHORT TERM VACATION RENTALS AND THE COLLECTION OF ROOM TAX BY ADDING SECTION 8.115 TITLED PURPOSE OF ORDINANCE, SECTION 8.116 TITLED SHORT TITLE, SECTION 8.117 TITLED DEFINITIONS, SECTION 8.118 TITLED STANDARDS, SECTION 8.119 TITLED REGISTRATION REQUIREMENTS, SECTION 8.120 TITLED TRANSIENT LODGING TAX, SECTION 8.121 TITLED ENFORCEMENT PROCESS, SECTION 8.122 TITLED APPEALS, SECTION 8.123 TITLED DELINQUENT TRANSIENT LODGING TAX, SECTION 8.124 TITLED TERMINATION OF REGISTRATION, SECTION 8.125 TITLED ADMINISTRATIVE HEARING: TERMINATION OF REGISTRATION, SECTION 8.126 TITLED FINES AND FEES, AND PROVIDING FOR THE SEVERABILITY, CONSTITUTIONALITY, AND EFFECTIVE DATE THEREOF; AND OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the Nye County Board of County Commissioners (Board) has a duty to protect the public health, safety and welfare of the residents of Nye County; and WHEREAS, the Board is empowered, pursuant to the provisions of Chapter 244.195 of the Nevada Revised Statutes, to perform all acts necessary to discharge its duties toward the residents ofNye County; and Page 1 of 16 ---PAGE BREAK--- WHEREAS, the Board believes it is in the best interest of the people of Nye County that the Business Regulations Ordinance, Pahrump Town Ordinance Chapter 8, be amended requiring business licensing and registration for short term vacation rentals and the collection of room tax; and WHEREAS, the Board finds these changes to be appropriate and an improvement to the regulations; WHEREAS, pursuant to NRS 244.119 and 269.155, the Board is authorized to amend the Pahrump Town Ordinance. NOW, THEREFORE, pursuant to NRS 244.110, the Board of County Commissioners of the County of Nye, State of Nevada, does ordain as follows: CHAPTER 8 BUSINESS REGULATIONS ARTICLE V — Short Term Vacation Rental Licensing Sec. 8.115 Purpose of Ordinance Sec. 8.116 Short Title Sec. 8.117 Definitions Sec. 8.118 Standards Sec. 8.119 Registration Requirements Sec. 8.120 Transient Lodging Tax Sec. 8.12 1 Enforcement Process Sec. 8.122 Appeals Sec. 8.123 Delinquent Transient Lodging Tax Sec. 8.124 Termination of Registration Sec. 8.125 Administrative Hearing: Termination of Registration Sec. 8.126 Fines and Fees 8.115 PURPOSE OF ORDINANCE. To require business licensing and registration for Short Term Vacation Rentals and the collection of Room Tax. 8.116 SHORT TITLE. The Title by which this ordinance shall be know is the “SHORT TERM VACATION RENTAL ORDINANCE”. 8.117 DEFINITIONS. COMMON INTEREST COMMUNITY: A residential development where homeowners share ownership of common areas and are obligated to pay for maintenance, improvements, and insurance of those areas HOTEL: An establishment providing accommodations, meals, and other services for travelers and tourists. NCC: Nyc County Code NRS: Nevada Revised Statutes PARTY: A social gathering of invited guests, typically involving eating, drinking, and entertainment. PTO: Pahrump Town Ordinance SHORT TERM RENTAL ACCOMMODATIONS FACILITATOR: is a person who arranges for the rental of a residential unit or room for transient lodging. This can include a hosting platform. Page 2 of 16 ---PAGE BREAK--- REGISTERED LOCAL CONTACT: Refers to a designated individual who is responsible for responding to inquiries or on-site concerns about short-term rental property. SHORT TERM VACATION RENTAL: A permanent residential dwelling unit or any portion ofsuch dwelling unit, rented for occupancy for a period of less than thirty (30) consecutive calendar days, or, in February, less than twenty-eight (28) consecutive calendar days, counting portions of a day as full days, regardless of whether a permanent resident is also present during the period of occupancy. TOWN: The unincorporated Town of Pahrump, Nye County, Nevada. 8.118 STANDARDS. The following short-term vacation rental standards are not waivable. Failure to comply with any of these standards shall constitute a violation of this Section. A. Unless mapped (i.e. Condominium or Townhome for individual ownership) dwelling units in a multi- unit dwelling structure shall not be utilized as short-term vacation rentals. B. Any property owner wishing to operate a short-term vacation rental must license its property in accordance with this Ordinance and must obtain a State of Nevada Business License and a Town of Pahrump Business License. C. Only the property owner of record, as listed in the Nye County Assessor’s records at the time of registration, may register a short-term vacation rental. The property owner must be at least eighteen (18) years of age. The property owner may also be referred to in this Section as the “applicant” or “registrant”. If the property owner of record is an entity, an officer or manager of the entity may register the short- term vacation rental upon providing proof of entity action authorizing the registration. If the property owner of record is a trust, only a trustee designated by the trust may register the short-term vacation rental. D. Each property owner is limited to a maximum of five registrations per State of Nevada business license held by that owner. E. Recreational Vehicles (RV’s), travel trailers, tents, vehicles, and similar non-permanent structures may not serve as short-term vacation rentals. F. Short-term vacation rentals are considered “transient lodging” for the purposes of PTO No. 27 and are required to meet the definition of transient lodging set forth in NRS 116.340. G. A short-term vacation rental shall not generate more traffic or different types of vehicle traffic than a home occupied by a permanent resident. H. A short-term vacation rental may only be used for overnight accommodation and shall not be used for weddings, bachelor or bachelorette parties, or any gathering exceeding the capacity as stated in paragraph L of this section. I. A short-term vacation rental shall, at all times, comply with all residential property maintenance requirements of NCC Section 15.16.015. J. Complaints regarding short-term vacation rentals shall be directed to the Town Code Compliance as set forth in Section 8.120 of this title. The registered local contact shall be available by phone twenty-four (24) hours a day to answer calls from the complaint hotline, as well as complaints from any other sources. Upon receipt of a notification or attempted notification regarding a complaint, the registered local contact shall contact the occupant of the short-term vacation rental and resolve the issue giving rise to the complaint. The registered local contact shall have thirty (30) minutes from the time of notification or attempted notification of a complaint to resolve the problem, giving rise to the complaint. Failure to resolve the problem within thirty (30) minutes shall constitute a violation ofthis code unless the registered local contact can demonstrate that they contacted the occupant of the short-term vacation rental within thirty (30) minutes and attempted to resolve the problem but were unable to do so. In that event, the Page 3 of 16 ---PAGE BREAK--- registered local contact shall visit the short-term vacation rental property to address the problem and resolve the complaint within thirty (30) minutes thereafter. 1. The registered local contact shall provide a detailed report of all complaints received and their resolution or attempted resolution to the Town of Pahrump Code Compliance Department within forty-eight (48) hours of notification or attempted notification of a complaint. If the registered local contact disputes the complaint, the report shall include all photographs, videos, audio recordings, and other documentation refuting the existence of the problem underlying the complaint. 2. The registered local contact’s failure to resolve any complaint or to report complaints to the Town’s Code Compliance Department as required in this Section 8.118(J), shall be a violation of this Section and shall be cause for the issuance of administrative fines and potential termination of registration pursuant to Section 8.121, Enforcement Process for Short-Term Vacation Rentals. Violations of this Section 8.118(J) shall be considered separate and independent from any violation of any other provision of this Section. The Town may take enforcement action against a short-term vacation rental for any violation of this Section 8.118(1), separately from and in addition to any enforcement action taken to address the violation underlying the complaint, if any. K. A change in record ownership of a registered short-term vacation rental for any reason shall terminate the current registration upon recordation of the transfer of property or sale of the property and requires a new registration in the name of the new property owner of record, in compliance with this ordinance. Any transfer of ownership interests in an entity shall constitute a change in ownership of a registered short-term vacation rental which shall terminate the current registration upon such transfer of ownership interests and requires a new registration disclosing all ownership interests in the entity. L. The occupancy of a short-term vacation rental is limited to four occupants for the first bedroom and two occupants per each additional bedroom as listed with the Nyc County Assessor’s Office as of the date of registration, up to a maximum of sixteen (16) persons. M. The Town-issued business license number and the Secretary of State business identification number shall be listed within the property description on any advertisement for the short-term vacation rental. The Town issued business license, and the State of Nevada business license shall be posted inside the property in a conspicuous location. The on-site posting shall include the maximum number of occupants permitted per the business license, the registered local contact name and phone number, and the issue date and expiration date of the business license. N. The number of short-term vacation rentals within a multi-unit dwelling structure or mixed-use building is limited to ten (10) percent of the total number of residential units within a property or complex. Each short-term vacation rental shall require a separate registration. Where more applications are submitted to operate a short-term vacation rental than are allowed within the same multi-unit dwelling structure or mixed-use building, the first applicant(s) to complete the registration process, as measured by the date and time of final approval of registration, shall be entitled to operate a short-term vacation rental. 0. A short-term vacation rental shall not be located within one thousand (1,000) feet of another registered short-term vacation rental. The distance shall be measured as a radius from the property line of the registered short-term vacation rental to the nearest property line of the proposed short-term vacation rental. This distance requirement is not waivable. This distance separation does not apply to units mapped for individual ownership within a multi-unit dwelling structure, which units shall be limited as described in Subsection 8.118(N), above; 1. A short-term vacation rental shall not be located within two thousand five hundred (2,500) feet of a hotel, as defined in this ordinance. The distance shall be measured as a radius from the property line of the proposed short-term vacation rental to the nearest property line of the resort hotel. This distance requirement is not waivable. Page 4 of 16 ---PAGE BREAK--- P. The following shall be permitted to operate as a legal non-conforming short-term vacation rental, subject to the requirements of subsections through of Subsection 8.118: a registered short-term vacation rental that does not meet the required distance separation from another registered short-term vacation rental as required in Subsection 8. 118(0), as of time of ordinance adoption; a registered short-term vacation rental that does not meet the required distance separation of two thousand five hundred (2,500) feet from a resort hotel as required in Subsection 8.118(O)(1), as of time of ordinance adoption; a registered short-term vacation rental in a multi-unit dwelling structure with more than ten (10) percent of units registered as short-term vacation rentals as required in Subsection 8.118(N) as of time of ordinance adoption. 1. A legal non-conforming short-term vacation rental registration shall automatically terminate if not renewed by the annual registration date; and thereafter, the property may not be registered and may not operate as a short-term vacation rental. 2. A legal non-conforming short-term vacation rental registration that is terminated for any other reason pursuant to the provisions of this Section 8.118, Enforcement Process for Short-Term Vacation Rentals, may not be registered thereafter and may not operate as a short-term vacation rental. 3. A legal non-conforming short-term vacation rental registration shall automatically terminate with a change in record ownership of the short-term vacation rental for any reason, upon recordation of the transfer or sale of the property. For a legal non-conforming short-term vacation rental owned by an entity, any transfer of ownership interests in the entity shall constitute a change in the ownership of the legal non-conforming short-term vacation rental which shall terminate the current registration upon such transfer of ownership interest. Q. Only one short-term vacation rental booking is allowed per registered property at any given time. R. Exterior signs identifying the property as a short-term vacation rental are prohibited. S. Short-term vacation rentals shall be booked for a minimum of two nights per booking, unless the rental is owner-occupied, in which case the minimum shall be one night. T. Pools and/or spas shall not be used between the hours of 10:00 p.m. and 10:00 a.m. on weekends, and 10:00 p.m. and 7:00 a.m. on weekdays. Signage shall be posted at these outdoor areas to notify occupants of the prohibited hours. U. Each short-term vacation rental shall install a front, street-facing security camera that shall be installed and remain functioning as long as the property is registered as a short-term vacation rental. Security footage shall be maintained for a minimum of sixty (60) days. This requirement does not apply to multi- unit dwelling structures that have monitored common entrances to the building. V. Each short-term vacation rental shall comply with PTO 43 (Solid Waste Management). The property owner shall include usable trash and recycling containers, the trash services collection schedule and instructions for proper trash disposal in the rental rules provided to each occupant. W. Each short-term vacation rental shall comply with noise standards listed below: 1. Quiet hours which shall be between the hours of 10:00 p.m. and 10:00 a.m. on weekends, and 10:00 p.m. and 7:00 a.m. on weekdays. a. No outdoor amplified sounds shall occur during quiet hours. b. Yelling, shouting, hooting, whistling, or singing during quiet hours so as to unreasonably annoy or disturb the quiet, comfort, or repose of any persons of ordinary sensibilities is prohibited. c. During non-quiet hours, outdoor amplified sound shall comply with noise regulations. Page 5 of 16 ---PAGE BREAK--- d. All rear and side yard outdoor lighting shall be turned off during quiet hours, with the exception of motion-sensitive outdoor security lighting and landscape lighting. X. All short-term vacation rentals shall maintain a noise management plan. 1. The noise management plan must include: a. Continuous operation of noise monitoring device(s) while the registered property is rented; b. Conspicuous posting on-site of established quiet hours and penalties for violations of the PTO 74; c. A commitment by the short-term vacation rental owner and registered local contact, upon notification that the short-term vacation rental occupants andlor their guests have created unreasonable noise or disturbances or violated provisions of the Pahrump Town Ordinance or state law pertaining to noise or disorderly conduct, that the short-term vacation rental owner or its registered local contact will act within thirty (30) minutes to prevent continuation and/or a recurrence of such conduct by those short-term vacation rental occupants and/or their guests. d. Noise level data records maintained by the property owner for a minimum of two months. e. Noise monitoring equipment located both indoors and outdoors, in common areas; and Additional noise monitoring equipment shall be installed at the pool/spa areas for non-multi-unit dwelling structures with a pool or spa. Y. The Town shall have the right to request an inspection of all short-term vacation rentals. An inspection shall be conducted at a reasonable time and shall be limited in scope to inspection of areas needed to determine compliance with the registration requirements of this Ordinance. If the property owner agrees to the inspection, the property owner or the registered local contact must meet the Town inspector at the property for any requested inspection. Z. All hosting platforms shall: 1. Require that all users listing rentals on the platform include the Town issued registration number in any listing for a short-term vacation rental on the platform and, effective at the time of adoption of this ordinance, the Secretary of State business license number; 2. Ensure the deactivation of all short-term vacation rental listings that lack a business license number by doing one of the following: a. Check the listed registration number against the Town’s registry described in Subsection 8.118, above, and deactivate any short-term vacation rental listing that lacks a registration number that appears on the Town’s registry; or b. Deactivate any short-term vacation rental listing that lacks a registration number within seven calendar days of receiving notice from the Town. 3. Submit a quarterly report to the Town and to the State of Nevada Department ofTaxation stating, for each quarter: a. The number of bookings, listings, owners and lessees for the Town; b. The average number of bookings per listing for the Town; c. Current year-to-date booking value for the Town; d. Current year-to-date revenue collected from all rentals through the platform in the Town, disaggregated by owners or lessee; and e. The average length of a rental in the Town. Page 6 of 16 ---PAGE BREAK--- 4. In addition to hosting platforms, all accommodations facilitators that collect such information must submit the above-required quarterly report. To the extent the accommodations facilitator does not collect any of the above information, the Town may require the owner to submit a quarterly report of such information. 5. Effective at the time of ordinance adoption, impose, collect and remit all required taxes on the gross receipts from the rental of transient lodging advertised on its platform in compliance with the requirements applicable to operators set forth in PTO 32. 1. Upon request of the Director of Planning or his or her designee, an accommodations facilitator shall report all current listings of a residential unit or a room within a residential unit that the accommodations facilitator brokers, coordinates, makes available or otherwise arranges for the short-term vacation rental. 6. A short-term vacation rental shall not be located within a common-interest community unless the governing documents of the community expressly authorize the rental of a residential unit or a room within a residential unit for the purpose of transient lodging. 8.119 REGISTRATION REQUIREMENTS. A. Operation of a short-term vacation rental requires a registration with the Town that must be renewed on an annual basis as set forth in this Section. Registration requires the following: 1. Advance payment of the then-current annual registration fee for the year following the date of registration. 2. Effective at time of ordinance adoption, a current State of Nevada business license in the name of the property owner. 3. Evidence that the registrant is at least eighteen (18) years of age; or, if the property owner of record is an entity, proof of entity action authorizing the registration by a manager or officer of the entity; or, if the property owner of record is a trust, a copy of the certification of trust authorizing the registration by a trustee designated by the trust. 4. A listing of the number of bedrooms that are available for rent at the property as listed with the Nye County Assessor’s Office. 5. A certificate of insurance indicating that the property is used as a short-term vacation rental and carries general liability coverage with policy limits of not less than one million dollars per occurrence. An excess liability policy or umbrella liability policy may be used in addition to the general liability policy to meet the minimum liability requirements. Insurance shall be maintained for the duration of the short-term vacation rental registration. Proof of insurance shall be required at the time of the application submittal. 6. A notarized statement from the registrant: a. Certifying that operation of the short-term vacation rental, if located within a common-interest community, is expressly authorized by the current governing documents of the community, with such governing documents expressly authorizing operation of a short-term vacation rental provided as a required attachment to the notarized statement, and with the express authorization language clearly identified by the registrant. b. Acknowledging that registration with the Town will not supersede any such governing documents; c. Acknowledging that the registrant has reviewed this Section and understands its requirements and consents to abide by the same; Page 7 of 16 ---PAGE BREAK--- d. Certifying that the property is fully compliant with all applicable laws and has installed or included the following: a smoke alarm in each bedroom, a carbon monoxide detector on each floor, an illuminated street address number visible from the street, one fire extinguisher per floor, and an evacuation map; e. Acknowledging that the registrant is responsible for each and every occupant’s compliance with the PTO 74 while they are on the property; f. Certifying that there are no delinquent room tax liabilities or liens on or associated with the property; g. Certifying that a noise management plan as required in Subsection 8.118(X) will be in place prior to first rental after registration approval; h. Acknowledging that the property does not receive affordable housing incentives and is not located in any subsidized housing, public housing, or other unit subject to income restrictions. i. Certifying that the registrant intends to operate a short-term vacation rental on the property and is not obtaining a registration for any other purpose; and j. Acknowledging that the registrant agrees to indemnify and defend the Town against any third- party claims based upon the foregoing statements. k. Designation by the owner of a registered local contact(s) who shall be available twenty-four (24) hours per day, seven days per week, to respond to and resolve any complaint as set forth in Section 8.118(J), above. The property owner shall provide the registered local contact(s) person’s proof of residency within Nye County, at the time of registration. A property owner may contract with a private security company that is licensed to conduct business within the Town to act as the registered local contact. The licensed security company shall provide monitoring and compliance enforcement twenty-four (24) hours per day, seven days per week, and is required to provide services complying with the requirements of PTO 74 Subsection 8.118(J), above. 7. Dissemination of registered local contact information to all properties located within a two hundred (200) foot radius of the short-term vacation rental parcel within ten (10) days ofregistration approval. Information shall be mailed to each address and to each owner of property as listed with the Nye County Assessor’s Office and to any homeowner’s association that is registered with the Town within the two hundred (200) foot radius. Proof of mailing and a copy of the information sent to residents and homeowners associations shall be provided to the Town of Pahrump Business Licensing Department within fourteen (14) days of mailing. B. If the registered local contact is changed, the owner shall provide its updated registration information to the Town of Pahrump Business Licensing Department and to all properties within a two hundred (200) foot radius of the short-term vacation rental parcel within five business days of the change. C. The registrant shall conduct a self-inspection utilizing the Town’s short-term vacation rental checklist and shall provide the Town with a signed copy of the completed checklist as part of the registration process. The Town reserves the right to inspect the property during the registration period for the limited purpose of determining that all registration requirements for the property have been met, and the property meets all building code requirements prior to beginning operation as a short-term vacation rental. Any inspection shall occur upon prior notification to the property owner, at a reasonable time, and with the property owner or its designated agent present for the inspection. The registrant is responsible for payment of any costs related to the inspection. D. Once the applicant has submitted a complete application and all required materials and registration fees, the Business Licensing Department will review the application and materials and determine whether the Page 8 of 16 ---PAGE BREAK--- short-term vacation rental property meets all of the Town’s requirements for registration. If it is determined that the application and other submittals meets all ofthe requirements, the Business Licensing Administrator will issue the registration. E. Registrations must be renewed by the annual registration renewal date. Renewal will require submittal of the following: I. The annual registration fee; 2. Current State of Nevada business license; 3. An updated general liability insurance certificate; 4. Updated property owner contact information; 5. Updated registered local contact information, including proofof residency within Nye County; ifnew registered local contact, must also include required short-term vacation rental certification certificate or a copy of a valid state license for a local contract that is NRS645 licensed property manager; 6. A completed Town short-term vacation rental checklist; 7. Any additional information the Business Licensing Department may request upon review of the renewal application; and 8. An inspection ofthe property by the Town, ifneeded during the renewal period for the limited purpose of determining that all registration and/or renewal requirements for the property have been met, and the short-term vacation rental meets all building code requirements. Any inspection shall occur upon prior notification to the property owner, at a reasonable time, and with the property owner or its designated agent present for the inspection. Failure to complete the renewal process by the annual deadline will require completion of a new registration. E. Registrants shall conform with all registration requirements contained in this Section at all times. Should a registrant fail to conform or become unable to conform with these requirements, the registrant shall immediately discontinue the use of the property as a short-term vacation rental. Failure to immediately discontinue the use ofthe property as a short-term vacation rental may result in the immediate suspension of the business license upon written notice from the Town. F. If the property is served by a private on-site septic system, the property owner shall provide a stamped letter from a Nevada licensed engineer that indicates the maximum number of people the septic system is able to handle. 8.120 TRANSIENT LODGING TAX. A. The registrant shall comply with PTO 32 with regard to its requirements for imposing, collecting and remitting taxes on the gross receipts from the rental of the transient lodging. For a short-term vacation rental with no accommodations facilitator, the registrant shall continue to be responsible for compliance with PTO 32. B. The registrant shall maintain rental records in accordance with PTO 32.700. C. The registrant shall submit to the Town a transient lodging tax return on a basis, whether or not the short-term vacation rental generated revenue for the designated month. Accommodation facilitators shall file with the Town a transient lodging tax return on a basis for all short-term vacation rentals in the Town for which they facilitated a rental during that month. Ifthe accommodations facilitator is a hosting platform, it shall submit a transient lodging tax return for all short-term vacation rentals listed on the platform during that month, whether or not the short-term vacation rental(s) generated revenue for Page 9 of 16 ---PAGE BREAK--- the designated month. For short-term vacation rentals with no short-term rental accommodations facilitator, the registrant shall remain responsible for submitting the transient lodging tax return. 8.12 1 ENFORCEMENT PROCESS. A. This Section shall apply only to properties being operated as short-term vacation rentals as defined in Section 8.117. The Town officials responsible for enforcement of this Section shall be referred to herein as “enforcement official(s)”. 1. Unregistered Properties. a. Subpoena i. The Director of Planning or his or her designee is authorized to issue a subpoena for the production of documents, records or materials relevant to determining whether a residential unit or room within a residential unit has been rented in violation ofthis Ordinance, any other provision ofthe Pahrump Town Ordinance, or any law of the State of Nevada. The subpoena may be issued only if: a. There is evidence to support a reasonable belief that a residential unit or room within a residential unit has been rented or is being rented in violation of this Ordinance, the Pahrump Town Ordinances, or any law of the State of Nevada; b. The subpoena identifies the rental alleged to be in violation of this Ordinance, any other provision of the Nye County Code, or any law of the State of Nevada, and the provision of State law or Town ordinance allegedly violated. ii. A subpoena issued by the Director of Planning or his or her designee must be mailed by regular and certified mail to the accommodations facilitator or, if applicable, the owner or lessee who was required to file a quarterly report per PTO 74 8.11 iii. An accommodations facilitator served with a subpoena shall provide notice of the subpoena to the user of the accommodations facilitator who provided the rental identified in the subpoena and shall produce any subpoenaed books, papers or documents not later than twenty-one (21) days after providing the notice required by this paragraph unless otherwise ordered by a court. iv. An owner or lessee served with a subpoena shall produce any subpoenaed books, papers or documents not later than twenty-one (21) days after the service of the subpoena, unless otherwise ordered by a court. v. If a person to whom a subpoena has been served refuses to produce any document, record or material that the subpoena requires, the District Attorney may apply to the district court for the enforcement of the subpoena in the matter provided by law for the enforcement of a subpoena in a civil action. b. Where a property is being operated as a short-term vacation rental without the required registration as set forth in this Chapter, the enforcement official shall issue a written notice and order to cease operation to the property owner, via personal service or certified mail sent to the owner’s mailing address as listed in the records of the Nye County Assessor’s Office. If the owner’s mailing address is different from the property address, the notice shall also be delivered to the subject property address via personal service, certified mail, or posting on the premises. c. The notice shall order the property owner to immediately cease operating as a short-term vacation rental. If the property is in a zoning district where short-term vacation rentals are permitted pursuant to Nye County Code Chapter 17.04, the notice and order shall inform Page 10 of 16 ---PAGE BREAK--- the property owner that operation of the short-term vacation rental may not resume until registration with the Town is completed and approved. If the property is in a zoning district where short-term vacation rentals are not permitted by Nye County Code 17.04 or where short- term vacation rentals are not permitted, the notice and order shall include a statement of that prohibition. d. Concurrently with the notice and order, the enforcement official shall issue an administrative citation to the property owner. The citation shall assess a corresponding daily fine for each day the property continues to operate in violation of PTO 74, according to the fine and fee schedule set forth in PTO 74 Subsection 8.125(F)(3). e. The District Attorney may also petition a court of competent jurisdiction for injunctive relief or any other appropriate remedy to prevent the continued unapproved operation of the short-term vacation rental. f. Administrative citations and accompanying fines issued to unregistered properties may be appealed pursuant to the provisions of PTO 74 Subsection 8.122. B. Other Violations. 1. All notices and administrative citations to be issued under PTO 74 Section 8.120 shall be in writing and delivered to both the property owner and the subject property address, if the subject property address is different from the owner’s mailing address as provided by the owner on its registration application or most recent annual renewal. Delivery shall be made via personal service or certified mail to the address provided by the owner in the owner’s registration application or most recent annual renewal, or, if the owner has consented in writing to receive notifications under these sections by email, to the email address provided by the owner in its registration application or most recent annual renewal. If applicable, delivery to the subject property address shall be made via personal service, certified mail or by posting on the premises. The date of delivery of the notice shall be the date of mailing, emailing or posting, as applicable. Where an accommodations facilitator has violated a provision of Section 8.1 18(Z)(4) and or 8.119(3), a written notice and/or administrative citation shall be delivered to the accommodations facilitator via certified mail. a. Violation Notices and Citations. i. Where a property is in violation of any of the provisions PTO 74 Section 8.118 other than the failure to complete registration, the enforcement official may issue a written notice of violation. The notice shall clearly state the nature of the violation, the required action to correct the violation, and the time period in which the violation must be corrected. ii. The Town may take immediate action when necessary to address emergencies or other urgent complaints regarding a property operating as short-term vacation rental, without first issuing a notice under this Section. iii. In the following instances, the enforcement official may issue an administrative citation in addition to, or, where applicable, in lieu of a notice of violation: a. A violation has not been cured by the deadline stated a notice of violation; b. The Town is required to take immediate action to address complaints regarding a short-term vacation rental and incurs costs as a result; or c. A registered short-term vacation rental violates any provision of PTO 74 subsections 8.118 or 8.119. Page 11 of 16 ---PAGE BREAK--- The citation shall assess a corresponding daily fine for each day the violation continues according to the fine and fee schedule set forth in PTO 74 Subsection 8.125. If the violation was corrected by the Town, the citation may include any applicable fees and costs incurred by the Town. The citation shall enclose a copy of the initial violation notice, if applicable, or shall state the nature of the violation and the required action to correct the violation. 8.122 APPEALS A. Property owners or other persons issued an administrative citation may appeal the citation, fine and/or fee by submitting a written request for an administrative hearing to the Director of Planning or his or her designee. 1. The request for hearing must 1) identify the enforcement action that the person is contesting, 2) set forth the facts supporting the appeal, 3) identify the requested relief, and 4) be delivered to and received by the Director of Planning or his or her designee, personally, or (ii) by first-class mail and email with confirmed receipt no later than the 10th day following the service ofthe administrative citation. A timely request for hearing shall toll the deadline for compliance, accrual of fines, and payment of fines and fees. An untimely request for hearing shall not be considered and instead shall be dismissed. 2. The Director of Planning or his or her designee shall set a hearing and shall issue notice of the hearing date no later than ten (10) days prior to the date set for the hearing, unless a shorter time period is agreed to in writing by the appellant. The notice shall state the date, time and location of the hearing, and shall include a short explanation of the hearing process. 3. The Director of Planning or his or her designee shall conduct and preside over the hearing. At the hearing, that person, referred to herein as the “presiding officer”, shall direct the order of the proceedings and shall hear all evidence presented relevant to the subject violation(s), fines andlor fees. This may include the presentation of written evidence as well as testimony by Town employees, the property owner or other cited person, and any witnesses called by the Town, the property owner, or other cited person. Affidavits or declarations of witnesses made under penalty of perjury may be presented at the hearing if they are provided to the other party no later than five days prior to the hearing date. 4. The hearing shall be conducted informally and shall not be constrained by evidentiary or procedural rules applicable to public hearings or judicial proceedings. The hearing shall provide a fair opportunity for the Town and the property owner or other cited person to present evidence regarding the subject violation and the issuance of the subject citation, fines and/or fees. The presiding officer shall have the discretion to question witnesses, to allow rebuttal testimony, to limit the time of the hearing to a reasonable length, to limit the presentation of immaterial or unduly repetitious evidence, and to record the hearing. 5. Afier the conclusion of the hearing, the presiding officer shall consider all evidence presented and shall issue a decision to uphold, reverse, or modify the disputed enforcement action. Written notice of the decision shall be issued no later than thirty (30) days following the conclusion of the hearing. The decision shall clearly state one of the following: a. That the administrative citation(s), fine(s) and/or fee(s) are upheld, including a short statement of findings explaining the basis for the decision, and providing a deadline for curing the subject violation(s) and payment of any fines and fees, with a notification that fines will resume accruing daily until the subject violation(s) is corrected; b. That the administrative citation(s), fine(s), and/or fee(s) are reversed, including a short statement of findings explaining the basis for the decision; or Page 12 of 16 ---PAGE BREAK--- c. That the administrative citation(s), fine(s), and/or fee(s) are modified, including a short statement of findings explaining the basis for the decision, and providing a deadline for any modified compliance obligations and payment of fines and/or fees, with a notification that fines will resume accruing daily until the subject violation(s) is corrected, if applicable. d. The presiding officer’s decision shall be the final administrative action on the appeal. 8.123 DELINQUENT TRANSIENT LODGING TAX. A. Where any approved short-term vacation rental is deemed significantly delinquent on the payment of transient lodging tax more than two times in any twelve (12) month period pursuant to PTO 32 and the property owner or accommodations facilitator, as applicable, fails to remit the funds as required by that Section, the short-term vacation rental registration shall be automatically suspended upon written notice from the Director of Planning or his or her designee to the owner and any accommodations facilitator for the short-term vacation rental, and operation of the short-term vacation rental must cease until such time as all outstanding transient lodging taxes and penalties are paid pursuant to PTO 32 and the requirements of PTO 32 have been satisfied. If the property owner fails to comply with any provision of this Section, the enforcement official may issue an administrative citation and fine in compliance with the procedures set forth in PTO 74 section 8.120 and 8.125. 8.124 TERMINATION OF REGISTRATION A. Where any of the following has occurred, the enforcement official shall initiate the process to terminate the registration of the short-term vacation rental: i. The approved short-term vacation rental has been the subject of two or more distinct violations of PTO 32 in any consecutive twelve (12) month period. ii. The approved short-term vacation rental has been the subject of three or more distinct violations of PTO 74 or other applicable laws or regulations related to the prevention of nuisance in any consecutive twelve (12) month period. iii. The short-term vacation rental registration application or supporting information supplied by the owner contains false, misleading or erroneous statements concerning issues material to the approval of the application. iv. The property has accumulated three thousand dollars ($3,000) or more in outstanding and past due fines for violations of the provisions of this Ordinance. v. For the purposes of this Subsection, “distinct” violation shall mean a violation of a distinct provision of PTO 32 or PTO 74, or a repeated violation of the same provision separated in time rather than continuing daily. B. The termination process shall be initiated by service of a written notice stating that the registration will automatically terminate if the property owner does not request an administrative hearing to contest the termination within ten (10) days of the date of the notice. Only the property owner shall have standing to request a hearing to contest a termination of registration. C. The property owner’s request for an administrative hearing to contest a termination of registration shall be made in writing and shall set forth in detail the facts supporting the request. The request for hearing must be delivered personally, or (ii) by first-class mail and email with confirmed receipt to the Director of Planning or his or her designee and must be received no later than the tenth (1 0t1) day following the service of the notice of initiation of the termination process. A timely request for an administrative hearing shall stay the termination date pending the outcome of the administrative hearing. Page 13 of 16 ---PAGE BREAK--- D. If a timely request for administrative hearing is not received, the registration shall terminate, and the Director of Planning or his or her designee shall issue a written notice of termination and order to cease operation of the short-term vacation rental. The notice and order shall indicate any further action the Town may take to enforce the tennination if necessary. A written notice of termination may be appealed to the Town by submitting a written request for an appeal to the Director of Planning or his or her designee within nine days of the notice and order pursuant to PTO 74 8.123(D). The property shall not operate as a short-term vacation rental during the period pending any Town Board appeal hearing. Short-term vacation rentals operated during this period shall be subject to administrative fines for operation without a registration. E. If an administrative hearing request is timely made, the Director of Planning or his or her designee shall set an administrative hearing for a date no later than thirty (30) days following receipt of the request for hearing. The notice shall state the date, time and location of the hearing, shall include a short explanation of the hearing process, and shall be served no later than ten (10) days prior to the date set for the administrative hearing unless a shorter time period is agreed to in writing by the property owner. 8.125 ADMINISTRATIVE HEARING: TERMINATION OF REGISTRATION A. The Director of Planning or his or her designee shall conduct and preside over the hearing. B. At the hearing, the Director of Planning or his or her designee, referred to herein as the “presiding officer”, shall direct the order of the proceedings and shall hear all evidence presented relevant to the basis for the termination of registration. This may include the presentation of written evidence as well as testimony by Town employees, the property owner and any witnesses called by the Town or the property owner. Affidavits or declarations of witnesses made under penalty of perjury may be presented at the hearing ifthey are provided to the other party no later than five days prior to the hearing date. The hearing shall be conducted infonnally, shall not be constrained by evidentiary or procedural rules applicable to public hearings or judicial proceedings and shall provide a fair opportunity for the Town and the property owner to present evidence regarding the basis for terminating the short-term vacation rental. The presiding officer shall have the discretion to question witnesses, to allow rebuttal testimony, to limit the time of the hearing to a reasonable length, to limit the presentation of immaterial or unduly repetitious evidence, and to record the hearing. C. After the conclusion of the hearing, the presiding officer shall consider all evidence presented and shall issue a decision to 1) terminate of the registration, 2) allow the registration to continue, or 3) allow the registration to continue upon the completion of certain conditions. The decision shall be made in writing, shall clearly state the basis for the decision and any applicable deadlines for compliance with the decision, and shall be served no later than 30 days following the conclusion of the hearing. If the decision results in the termination of registration, it shall provide an effective date of termination and include an order to cease operation of the short-term vacation rental as of the effective date. D. The decision of the presiding officer may be appealed to the Town by submitting a written request for an appeal to the Director of Planning or his or her designee within nine days of the date of the notice of termination, pursuant to PTO 74 subsection 8.1230(D). If the presiding officer terminates a short-term vacation rental registration, the property shall not operate as a short-term vacation rental during the period pending any Town Board appeal hearing. Short-term rentals operated during this period shall be subject to administrative fines for operation without a registration. E. If a short-term vacation rental registration is terminated, the subject property may not be used for a short term vacation rental for a period of two years following the date of termination. This two year prohibition shall not apply to a property whose registration is automatically terminated following a change in ownership pursuant to PTO 74 Subsection 8.118(K). At the time of new registration for short term vacation rental use, registration will require compliance with all rules, regulations, and laws then in effect. Page 14 of 16 ---PAGE BREAK--- 8.126 FINES AND FEES A. Fines a. Operation of a short-term vacation rental without registration, or operation after registration is suspended or terminated: five hundred dollars ($500) per day for each day the violation continues. b. For a second or more violation of the same section or this Ordinance in twelve (12) consecutive months: a maximum of one thousand dollars ($1,000) per day for each day the violation continues. In determining the fines to issue for this violation, the enforcement official shalt consider: 1) the severity of the violation and any resultant detrimental impacts to the neighboring properties; 2) whether the person who committed the violation acted in good faith; and 3) any history of previous violations of this Ordinance by the owner of the property. c. Any person that violates any of the provisions of this Ordinance is guilty of a misdemeanor and may be punished by imprisonment in the county jail for not more than six months, or by a fine of not more than one thousand dollars ($1,000), or by both fine and imprisonment for each violation. d. Each provision of this Ordinance that is not complied with shall constitute a separate violation subject to a separate fine, and fines may be assessed cumulatively in the same citation. B. Fees The fees are adopted by resolution and will be periodically reviewed. The resolution will include but is not limited to: 1. License Fee: Every licensed operation shall pay an annual fee, or any portion thereof as established by resolution. 2. Inspection Fee and Reinspection fee. Every licensed operation shall pay an inspection fee, or any potion thereof as established by resolution. 3. Fees Nontransferable: The fee paid by one licensee shall not insure to the benefit of another licensee. 4. Fees Nonrefundable: Unless otherwise provided in this chapter, no fees collected pursuant to the provisions of this chapter, or portions thereof, are refundable. C. Collection a. If administrative fines, fees or actual expenses incurred by the Town in addressing a violation are not paid by the deadlines stated in any decision of the presiding officer, or, if not appealed, by the deadline stated in the applicable notice, the unpaid amounts are deemed to be immediately due and owed to the Town by the property owner. b. The Town may take any lawful collection action deemed necessary and appropriate to recover the amounts owed, including but not limited to the District Attorney filing a petition in a court of competent jurisdiction for the entry of a civil judgment against the property owner in an amount equal to the unpaid fine and/or fee amounts owed, or referral of the unpaid amounts to a collection agency for recovery. In addition to the fines assessed pursuant to this chapter, the property owner shall be liable for an additional collection fee where the collection of the fines provided for herein is referred for collection. The amount of such fee shall be twenty-five percent (25%) of the outstanding indebtedness or two hundred and fifty dollars ($250), whichever is less. The amount of any such collection fee shall accrue and become due and payable at the time the indebtedness is referred for collection to the collection agency, and that amount may be added by the collection agency to the amount sought to be collected. Any judgment or amended judgment entered under this chapter may include the amount of the collection fee authorized herein. Page 15 of 16 ---PAGE BREAK--- SEVERABILITY. If any provision of this Ordinance or amendments thereto, or the application thereof to any person, thing or circumstance is held to be invalid, such invalidity shall not affect the validity or provisions or applications of this Ordinance or amendments thereto which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance and amendments thereto are declared to be severable. CONSTITUTIONALITY. If any section, clause or phrase of this Ordinance shall be declared unconstitutional by a court of competent jurisdiction, the remaining provisions of this Ordinance shall continue in full force and effect. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the 4th day ofAugust, 2025. Adopted on the 15th day of July, 2025. Vote: Ayes: Commissioners: Boskovich, Strickland, Jabbour, Koenig, Bayne Nays: Commissioners: 0 Absent: Commissioners: 0 / / Attest:,. Ron Boskovich, Chair Con Fiei Nye County Board of Nye County Clerk and Ex-Officio County Commissioners Clerk of the Board Page 16 of 16