New law hits pocketbooks of neglectful homeowners

CARSON CITY -- Like other Las Vegans, Assemblyman Marcus Conklin has been shocked at the number of deteriorating foreclosed homes in his neighborhood, replete with weed-covered lawns and strewn about trash.

"At the end of the day all these vacant homes with weedy yards are reducing the property values for all of us," Conklin said. "We needed to do something to prevent declining property values. Plummeting home values have been one of the biggest contributors to our current economic crisis."

At the 2009 Legislature. Conklin, D-Las Vegas, and members of his Assembly Commerce and Labor Committee introduced Assembly Bill 140, which became law on Thursday. It says any bank or loan company that forecloses on a home -- or any individual who buys a foreclosed home -- must take steps to keep the exterior in good shape.

If they fail to do so, they face fines of as much as $1,000 a day.

The law requires owners to limit growth of excess foliage in the yard, prevent mosquitoes from accumulating in standing water, and prevent trespassing and other conditions that create a public nuisance.

Cities and counties are given authority to enforce the law, although municipalities with similar laws on the books may decide instead to enforce their own laws. The city of Las Vegas said it has had success in getting people to clean up their yards through its own ordinance, which carries much smaller fines.

Under the state law, the owner of the property or the bank must begin to make improvements within 14 days after receiving a notice from a city or county government. Fines will go to local government funds to reduce public nuisances.

Conklin emphasized the law is not designed to replace existing city and county ordinances that deal with vacant homes. He said it is a tool that governments can use in places without such ordinances.

Mary Ann Price, a city of Las Vegas spokeswoman, said Las Vegas already has an ordinance that been fairly effective in getting owners to clean up vacant homes.

Price said there is no fine for the first time inspectors arrive and issue an order to clean up the place. For a second violation, the fine is $120 and subsequent violations increase gradually.

She added the goal is not to fine the owners, but to get them to clean up the premises.

Dan Kulin, a Clark County government spokesman, said county commissioners are expected to discuss the problem during an upcoming board meeting.

The county already imposes civil penalties for property maintenance code violations that require abatement. The code covers all properties, including those that are abandoned or in foreclosure.

Conklin said that Bank of America as well as other banks supported the bill during legislative hearings, and he expects they will follow the law. And he noted the new state law does not cover every situation.

The state law, like Las Vegas' ordinance, does not specify that lawns outside vacant homes must be watered to keep the grass from dying. And, for example, a homeowner who abandons a property is not mentioned in the state law.

That homeowner's yard would not be covered by the law until a bank or loan company takes back the property.

It makes little sense to go after people who abandon homes since they likely have little money, Conklin said. Otherwise, they would not have left their home in the first place.

Contact Review-Journal Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 702-687-3901.