LOOKING IN ON: CLARK COUNTY

Sunday, July 9, 2006 | 7:38 a.m.

The local trash company is dumping its controversial policy of paying its truck drivers $4 for each photo they take of overloaded trash containers so that extra fees can be charged for rubbish pickups.

The photos, which the company uses to justify charging property managers a fee of nearly $50, sparked outrage and accusations that garbage collectors skip the large garbage containers on trash day and set up photos.

Bob Coyle, area president for the trash company, Republic Services, said he decided to end the practice because of the backlash.

The Sun highlighted the dispute in a story last month.

Property managers have questioned the legality of the fee, which Republic charges them when garbage is piled higher than the rim of the trash bin.

In charging the fee, Republic is relying on a provision in Clark County's code that allows for "special one-time, on-call collection charges." But property managers say that provision was intended to allow them to ask for a special trash pickup during times such as Christmas, when an unusually large amount of trash is generated.

After the Sun's story, county officials requested a legal opinion about the fee from the Clark County district attorney's office.

That opinion said that while the code does not specifically address such a fee, the combination of several provisions in the code "provide sufficient basis for Republic Services to have inferred that it has the authority to charge a special one-time collection fee in such instances."

Don Burnette, the county's chief administrative officer, said the controversy has made it clear that the county's code needs to be tweaked.

"I think there's got to be a better way of clarifying it," he said.

The county plans to work with Las Vegas, which is already considering an ordinance that would specifically allow the fee, he said.

"I envision us coming up with a separate definition for an 'overage fee' and outlining a process that would allow apartment owners to challenge the overage fee," Burnette said.

Some property managers are considering legal action to recover the fees they already have been charged. They question why county code needs to be changed if the fees that Republic has been charging them for the past 18 months are legal.

"Nobody has yet to address the issue of reimbursing us," said Barbara Holland, president of H&L Realty and legislative chairwoman for the Institute of Real Estate Managers, a professional organization of 160 local property managers.

Speaking of trash, how do you stop people from breaking the county's laws against properties that pose a public nuisance?

Lower the penalties, of course.

That's the counterintuitive theory county officials employed Wednesday when they approved changes to the county code that reduce fines against owners of problem properties.

Commissioners changed the civil penalty from a flat $200 a day to a graduated scale that starts at $50 and reaches $200 only after one month of noncompliance.

The change also caps fines at $10,000. Previously, there was no cap. The shift is intended to persuade property owners to fix up dangerous structures and clean up rubbish, weeds or noxious plant growth that violate county code, county spokesman Don Shook said.

"It seemed to be a little too steep and didn't seem to encourage people to clean up their properties. By lowering the initial daily penalty, it is hoped this will be an incentive to get owners to comply."

Until last week, County Commission Chairman Rory Reid's sole challenger in the District G race was gearing up for an Aug. 15 election.

"I have six weeks," said Matthew O'Neil, 30, of Henderson, referring to the amount of time he believed he had left to convince voters they should elect him instead of Reid.

Although O'Neil and Reid are both Democrats, they will skip the August primary and face off in November because there are no other contestants, said John Trent, spokesman for the secretary of state's office.

O'Neil said his freedom from special interests is one of his strongest qualities as a candidate. He acknowledged he has an uphill battle At least he'll have three months longer than he thought to try.