Existing law authorizes the governing body of any county, city or town to create an improvement district for the acquisition, improvement, equipment, operation and maintenance of certain local improvement projects, including a neighborhood improvement project, and to finance the cost of any such project through such methods as the issuance of certain bonds and the levy of assessments upon property in the improvement district. (NRS 271.265, 271.270, 271.325) Section 1 of this bill amends the definition of “neighborhood improvement project” to include the improvement of a water or sewer system that is owned by a common-interest community. Existing law authorizes, under certain circumstances, the governing body of any county, city or town to dissolve by resolution an improvement district that is created for the purposes of a neighborhood improvement project. (NRS 271.296) Section 2 of this bill provides that the authority to dissolve an improvement district does not apply to a neighborhood improvement project that improves a water or sewer system that is owned by a common-interest community. Existing law sets forth certain notice requirements for a hearing as to the propriety and advisability of an improvement project that has been provisionally ordered by the governing body of a county, city or town. For a neighborhood improvement project, the notice must state that: (1) a person who owns or resides within a tract in the proposed improvement district may file a protest to inclusion in the assessment plat; and (2) if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the neighborhood improvement project are presented to the governing body, the governing body is prohibited from proceeding with the project. (NRS 271.305, 271.306) Section 3 of this bill provides that this prohibition does not apply to a neighborhood improvement project that improves a water or sewer system that is owned by a common-interest community. Instead, section 4 of this bill provides that a neighborhood improvement project that improves a water or sewer system that is owned by a common-interest community will not be stayed or defeated or prevented by written complaints, protests and objections, unless the governing body deems such written complaints, protests and objections proper to cause the neighborhood improvement project to be stayed or prevented. Section 5 of this bill makes a conforming change to authorize the governing body of a county, city or town to proceed with the improvement district after the hearing and after the governing body makes certain determinations, including a determination that an exception applies that authorizes the governing body to acquire or improve an improvement project despite certain complaints, protests and objections. Existing law requires a governing body which has acquired or improved a neighborhood improvement project to annually: (1) prepare an amendment to the assessment roll for the district and an estimate of the expenditures for the next fiscal year; (2) hold a public meeting to consider the amendment; and (3) provide certain notice to the owner of each tract being assessed. (NRS 271.377) Section 6 of this bill makes these provisions inapplicable to a neighborhood improvement project that improves a water or sewer system that is owned by a common-interest community.

Statutes affected:
As Introduced: 271.147, 271.296, 271.305, 271.306, 271.320, 271.377