Nevada Code § 244.353545

Ordinance regulating rental of residential unit as transient lodging and accommodations facilitators: Requirements; penalties; restriction on regulations
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1. A board of county commissioners shall
adopt and enforce an ordinance regulating:
(a) The rental of a residential unit or a room
within a residential unit for the purposes of transient lodging in the county;
and
(b) Accommodations facilitators.
2. The ordinance adopted pursuant to
subsection 1 must, without limitation:
(a) Require the rental to meet the definition of
transient lodging set forth in the ordinance adopted pursuant to NRS 244.33565 by the board of county
commissioners.
(b) Set forth the requirements for an application
for an authorization issued pursuant to NRS
244.35356 , including, without limitation, designating an agency, officer or
department of the county to administer applications for authorizations.
(c) Establish the amount of:
(1) The annual fee for an authorization
issued pursuant to NRS 244.35356 ; and
(2) The minimum liability coverage the
holder of an authorization must maintain for the residential unit.
(d) Prohibit the rental of a residential unit or
a room within a residential unit that is located in an apartment building.
(e) Prohibit the rental of a residential unit or
a room within a residential unit for less than the minimum period for the
residential unit. If the residential unit:
(1) Is owner-occupied, the minimum period
for the rental is 1 night.
(2) Is not owner-occupied, the minimum
period for the rental is 2 nights.
(f) Establish requirements to ensure a minimum
distance:
(1) Of 660 feet between any residential
units offered for rent for the purposes of transient lodging, except for
residential units in a multifamily dwelling, and any other minimum separation
requirement the board determines is necessary; and
(2) Of 2,500 feet between any residential
units offered for rent for the purposes of transient lodging and a resort
hotel, as defined in NRS 463.01865 .
(g) Establish the maximum occupancy requirements
for a residential unit, which may not exceed 16 persons per residential unit.
(h) Prohibit the issuance of an authorization
pursuant to NRS 244.35356 :
(1) If the issuance would result in more
than 10 percent of the residential units or rooms within the residential units
in a multifamily dwelling being rented for the purposes of transient lodging or
if the issuance would violate a prohibition against such rentals or a stricter
limitation established by the owner of the multifamily dwelling; or
(2) For a residential unit or a room
within a residential unit that is located in 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 purposes of transient
lodging.
(i) Establish a maximum number of authorizations
a person may hold, which may not exceed five authorizations per state business
license.
(j) Establish a maximum number of authorizations
that may be issued for the rental of rooms within a single residential unit.
(k) Define party as a gathering of people that
exceeds the maximum occupancy of the residential unit established by the board
of county commissioners pursuant to paragraph (g) and prohibit the use of the
residential unit for parties, weddings, events or other large gatherings.
(l) Establish specific requirements for noise,
trash and security for the rental of the residential unit or a room within the
residential unit for the purposes of transient lodging.
(m) Establish a process for a person to report
violations of the requirements established in the ordinance adopted pursuant to
subsection 1 or any other issues resulting from the rental of the residential
unit or a room within the residential unit for the purposes of transient
lodging.
(n) Establish a schedule of civil penalties for
violations of the ordinance adopted pursuant to subsection 1 by a holder of an
authorization or an accommodations facilitator. A civil penalty imposed
pursuant to such an ordinance:
(1) May not exceed $1,000 for a single
violation or the nightly rental value of the residential unit or room within
the residential unit, whichever is greater;
(2) Is in addition to any other penalty
provided by law; and
(3) May only be imposed against the holder
of the authorization or the accommodations facilitator, as applicable, who has
committed the violation.
3. The ordinance adopted pursuant to
subsection 1 may, in addition to any other penalty provided by law, establish a
schedule of civil penalties or fines to impose on a person who makes available
a residential unit or room within a residential unit without holding an
authorization issued pursuant to NRS
244.35356 . Any such civil penalty or fine for a single violation must not
be less than $1,000 or more than $10,000. If the ordinance includes a schedule
of civil penalties of fines pursuant to this subsection, the board of county
commissioners must establish standards for determining the amount of the civil
penalty or fine which take into account, without limitation:
(a) The severity of the violation;
(b) Whether the person who committed the
violation acted in good faith; and
(c) Any history of previous violations of the
provisions of the ordinance or any other ordinance related to transient
lodging.
4. A board of county commissioners shall
not enact or enforce a complete prohibition on the rental of a residential unit
or a room within a residential unit for the purposes of transient lodging. Any
ordinance or regulation which is inconsistent with this subsection is null and
void and the board of county commissioners shall repeal any such ordinance or
regulation.

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