Existing law provides that if the board of county commissioners in a county whose population is 700,000 or more (currently only Clark County) or the governing body of a city which is located in such a county (currently the cities of Boulder City, Henderson, Las Vegas, Mesquite and North Las Vegas) adopts an ordinance restricting the hours in which construction work may begin in a common-interest community, the hours for construction work in a declarant-controlled common-interest community must be allowed to begin at, but not earlier than, 5 a.m. during the period beginning on April 1 and ending on September 30. (NRS 244.3679, 268.4137) Sections 3.3 and 3.5 of this bill provide that, regardless of the population of the county, if a board or governing body adopts an ordinance restricting the hours in which construction work may begin, the hours for construction work on any project that is more than 300 feet from an occupied residential unit must be allowed to begin by 5 a.m. during the period beginning on April 1 and ending on September 30. Existing law provides that if, in a county whose population is 700,000 or more (currently only Clark County), the governing body of the county or city adopts an ordinance restricting the hours in which construction work may begin, a declarant-controlled common-interest community must not restrict the hours that construction work may begin in the declarant-controlled common-interest community during the period beginning on April 1 and ending on September 30 to hours other than those set forth in the ordinance. (NRS 116.347) Section 3.6 of this bill applies such authorization to the governing body of a county or city regardless of the population of the county. Section 3.7 of this bill provides that if, on the effective date of this bill, the board of county commissioners or the governing body of a city has adopted an ordinance restricting the hours in which construction work may begin and the ordinance does not allow construction work more than 300 feet from an occupied residential unit to begin by 5 a.m. during the period beginning on April 1 and ending on September 30, the ordinance is void and unenforceable. Section 3.7 further provides that any provision in a governing document of an executive board of a common-interest community or a plan for the development of a planned development which is more restrictive than the provisions of this bill is void and unenforceable.

Statutes affected:
As Introduced: 244.3679, 116.347, 268.4137
Reprint 2: 116.347
Reprint 3: 116.347
As Enrolled: 116.347
BDR: 244.3679, 116.347, 268.4137