278.02313 - Maintenance, reconstruction and repair of sidewalks: Circumstances under which governing body may compel action by owner of property. - Nevada Statutes

278.02313  Maintenance, reconstruction and repair of sidewalks: Circumstances under which governing body may compel action by owner of property.

      1.  Except as otherwise provided in subsection 2, a governing body shall not require an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his or her property.

      2.  The provisions of subsection 1 do not prohibit a governing body from:

      (a) Imposing an assessment or other charge authorized by law for any reconstruction or repair of a sidewalk that the governing body causes to be performed within a public right-of-way;

      (b) Requiring any reconstruction or repair of a sidewalk as a condition of approval for a change in the use of the land;

      (c) Requiring an owner of property to maintain a sidewalk in a public right-of-way that abuts his or her property if the sidewalk was constructed pursuant to standards that exceed the general standards of the governing body for sidewalks; or

      (d) Requiring, by ordinance, owners of property to be responsible for:

             (1) The repair and reconstruction of a sidewalk in the public right-of-way that abuts the property of the owner if the owner caused the need for such repair or reconstruction.

             (2) The general maintenance of a sidewalk in the public right-of-way that abuts the property of the owner, including, without limitation, sweeping, removal of snow, ice and weeds, and maintenance of any grass, shrubs or trees that encroach on the sidewalk.

      (Added to NRS by 2003, 1738)