County pushing ‘flexibility’ law

Adrienne Packer

Monday, Jan. 15, 2001 | 10:54 a.m.

Clark County can't offer low-income senior citizens redevelopment grants, it needs a court order to remove graffiti from private property and it can't donate excess land to non-profit groups.

Community resources manager Douglas Bell is frustrated.

County officials, whose actions are bound by state statute, are growing increasingly irritated they cannot respond to residents concerns because of an antiquated law written when Clark County was rural.

"It's a legal straight-jacket, which I'm not convinced truly helps our citizens," Bell said. "You're kind of going, 'Wait a minute, what's wrong with this picture?' "

Bell, like other county administrators and commissioners, hopes the picture is altered during the upcoming Legislative session.

A Nevada Association of Counties-authored bill dubbed the "flexibility" law would authorize counties to enact ordinances to address public safety, public health, redevelopment and nuisance abatement problems.

If the bill is passed, it would unshackle counties that now must get approval from the Legislature if a statute doesn't specifically say what actions a government entity can take.

Even if federal laws allow, for example, housing rehabilitation grants to be used for senior citizens, state law prevents the county from using the money in that manner.

"It's a systemic barrier to good public service," Bell said. "We encourage government officials to work with neighborhoods and communities; it's frustrating when you want to do something but can't because a law won't allow it."

Bell said his division has asked that certain redevelopment bill proposals be brought to the Legislature, but they're often left off the list in the end. Clark County has a limited number of bills it can introduce and higher priorities beat his proposals.

Further hindering counties is the fact that the Legislature meets every two years for only 120 days.

"Counties spend a lot of time and money to come down here and get these things passed," said Andrew List, the policy research coordinator for the Nevada Association of Counties.

"This would be a win-win situation for everybody. Legislators have so much to do already. If counties had more flexibility, they wouldn't have to submit so many bill drafts, and they can get on with things they need to do."

Jim Spinello, the county's franchise manager who oversees proposed legislation, said the flexibility bill does not give counties taxing authority. The law primarily benefits the public, he said.

The bill also would allow counties to cite violators of county codes rather than file misdemeanor charges as they are currently required to do. A pet owner written up for noise annoyances have to appear in court rather than simply pay a fine under Nevada's existing laws.

"To enforce county ordinances, we have to get the DA to go out and criminally enforce the ordinance as opposed to a civil fine," Spinello said.

The proposed bill is important because it gives the county the same authorities enjoyed by chartered cities. Las Vegas officials can force homeowners to clean up their property, but across the street -- and across the boundary -- the county cannot.

"If it's not explicitly outlined in the statute that the county can do something, we can't do it," Atkinson Gates said. "Our hands are tied."

While none of the county officials have a feel for how the proposal will be received by legislators, they strongly believe it is time to transfer more power to counties -- especially Clark County.

And of the litany of bills to be introduced by the county, officials believe the Nevada Association of Counties is the most vital to the valley.

"Clark County is a growing urban area and we need increased flexibility," Bell said.