Code enforcement manual OK'd despite concerns

The manual for the Nye County code enforcement officer was approved by a 3-2 vote of the county commission July 17, after discussions that included concerns over the Fourth Amendment.

Commissioners Jeff Taguchi and Dick Carver voted against the motion.

Barbara Taylor has been keeping a low profile since being hired as county code enforcement officer Feb. 5, after 12 years working for the city of Ridgecrest, Calif. A nuisance ordinance was shelved by the Pahrump Regional Planning Commission, but the code enforcement officer will still be serving citations on individuals in violation of planning and zoning laws, building codes and mobile home park laws.

Commissioner Cameron McRae said a provision requiring that all media inquiries be directed to the Nye County planning director or assistant director was micro-managing the department. Commissioner Joni Eastley had concerns over the officer carrying a badge -- that was replaced by an identification card.

McRae said the policy doesn't give the code enforcement officer powers to detain and arrest a violator.

The mission statement in the manual reads, "The code compliance/enforcement officer shall seek to obtain compliance voluntarily whenever possible. Many people do not intentionally violate county laws and ordinances and are unaware that they are in violation; therefore a helping hand approach is desired over a punitive approach."

The personalities involved and the degree of violation dictate whether to be sensitive to the dilemma by allowing violators every chance to comply, or seek immediate injunctive relief, the manual states. The manual contains a code of ethics and puts the highest priority on the safety of the code enforcement officer.

One item states: "Do not violate private property without the consent of the property owner." If the officer isn't comfortable with the demeanor of an individual or location, a drive-by inspection will be performed, a sheriff's deputy will be summoned if the officer feels threatened.

The code enforcement officer will respond to written complaints from residents about code compliance and will visit a location within five days to investigate it. Complaints will be recorded in a complaint log and violations will be photographed.

The code enforcement officer will be allowed to issue one courtesy notice and up to two notices of violation, allowing 30 days for each notice, before a court citation is issued.

A cease and desist notice will be issued immediately for constructing buildings without a permit, construction within county road right-of-way without a permit, excavation or grading without a permit, operating a regulated use without a conditional use permit, or health and safety issues. If there is no owner or tenant available to address a situation, an emergency abatement permit will be requested to solve problems like malfunctions in septic tanks or building projects left in a dangerous state.

In the event of a court action, a notice of pendency will be filed with the Nye County Recorder's Office, to notify any potential buyers.

Carver, who carries a copy of the U.S. Constitution in his shirt pocket, didn't like page 27 of the manual, which states exceptions to the Fourth Amendment right against unreasonable search and seizure. The exceptions are allowed if the code compliance officer attempts to obtain the consent of the person before conducting an inspection; if a violation is in plain view of the public; if there is an immediate danger to human life; the U.S. Supreme Court has ruled there is an exception for construction inspections and unoccupied buildings can also be inspected without a warrant.

"There is absolutely no exception to the Fourth Amendment," Carver said. "Instead of being a county trying to provide services to the community, we're becoming a police state."

"It's a civil matter we want to stay out of. I can see where it's headed," he said. "This is exactly why people moved to Pahrump, to get away from the California attitude, the Las Vegas attitude."

Eastley replied the officers can't go on the property without permission of the property owners.

"I'd like to think cooler heads will prevail and we'll do something different," Commissioner Henry Neth said.

Resident Harley Kulkin said compliance officers know parcel numbers, they should show violators some dignity and just send them a letter.

Resident Mary Paskvan called it selective enforcement of county codes in the Pahrump Regional Planning District. Also the county should clarify in the manual what it means by attempts to make contact with the property owner for permission to enter the property, she said.

Resident Sheldon Bass said the state Manufactured Housing Division, which puts an inspection sticker on mobile homes, won't enter a person's property unless they see a visible danger to public health.

"How many calls have we got about people not complying with these codes?" asked resident Bill Green.

"I get seven or eight a week," McRae replied.

Green said that still only amounted to about 1 percent of the population. Neth said a lot more people would file complaints but some people don't think anything is going to be done about it.

Resident Liz Kerby called the code enforcement manual "a revenue-generating scheme" and added, "People can be harassed by codes that are arbitrary in the first place."

Williams emphasized the code enforcement department is not trying in any way, shape or form, to enforce codes, covenants and restrictions enacted by homeowner's associations.

"If you're going to come on my property, get a warrant," Taguchi said. However, he admitted codes were needed to protect people's rights.

"With rights come responsibilities," Eastley said.

Kulkin charged the whole process was about improving real estate values in Pahrump. "We got to stop catering to real estate people," he said.

In another planning matter, county commissioners gave the go-ahead to the planning department to draw up an "urban growth overlay zone" -- placing restrictions on manufactured housing by requiring a minimum square footage, prohibiting singlewides, placing an age requirement and requiring permanent foundations.

Williams said the Nye County District Attorney's office believes Nye County is required under Senate Bill 323 to impose those restrictions on manufactured housing. The urban growth overlay zone grew out of a suggestion by McRae to limit those restrictions to areas where homeowners associations already have CC&Rs restricting development, namely the Calvada subdivision south of Highway 372.

"This is probably the best step to take for the areas created by subdivisions of a little higher density," McRae said, "leave the balance of the regional planning district outside that so you don't have one glove fitting it all."

"The people who are asking for the protection, we need to do something to give them that protection," Neth added.

While McRae said he was against a districtwide ban on installing a brand new singlewide trailer, the requirement could be satisfied in the urban growth zone.

Williams said he wanted the views of the county commission first, before going through the laborious process of notifying affected property owners 10 days in advance of public hearings on the zoning change. As it currently stands, Pahrump has an open use zoning designation, except for a highway frontage zone along Highway 372, Highway 160 and Bell Vista Road.