455.040 - Contents of notice; judgment; criminal penalty. - Nevada Statutes

455.040  Contents of notice; judgment; criminal penalty.

      1.  The notice served pursuant to subsection 2 of NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in the place of the justice of the peace, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if the person or persons fail to appear, judgment will be entered against the person or persons for double the amount required to abate the condition.

      2.  All proceedings had therein must be as prescribed by law in civil cases.

      3.  Such persons, in addition to any judgment that may be rendered against them, are liable and subject to a fine not exceeding the sum of $250 for each violation of the provisions of NRS 455.010 to 455.180, inclusive, which judgments and fines must be adjudged and collected as provided for by law.

      [4:16:1866; B § 112; BH § 293; C § 274; RL § 3236; NCL § 5633]—(NRS A 1979, 1476; 1987, 1869; 1993, 881; 2005, 905)