Enforcement and Penalties for Violations of the City of Reno Land Development Code
Unauthorized construction or land use in the City of Reno may result in the issuance of stop-work orders, the withholding of building permits, and the mandatory abatement of public nuisances. Under the City of Reno Land Development Code, violators are subject to civil penalties and the potential revocation of any entitlements, permits, or approvals previously granted by the City.
Authority and Liability
Any person who erects, constructs, reconstructs, alters, repairs, converts, or maintains any building, structure, or sign in violation of the City of Reno Land Development Code is subject to penalties and enforcement action [Section 18.01.501]. The City of Reno Administrator is the primary official responsible for administering and enforcing these regulations and has the power to delegate enforcement decisions to authorized designees [Section 18.01.503].
Definition of Violations
In the City of Reno, it is considered a violation of the Land Development Code to engage in activities such as:
- Activities Inconsistent with the Code: Developing or subdividing land contrary to the established regulations and procedures of the City of Reno [Section 18.01.502].
- Unpermitted Land Disturbance: Excavating, grading, cutting, or clearing land without first obtaining the necessary land use approvals or permits [Section 18.01.502].
- Creation of Nonconformities: Expanding or replacing a nonconforming use, lot, or sign except in strict compliance with the City of Reno Land Development Code [Section 18.01.502].
- Increasing Use Intensity: Increasing the intensity of land or structure use beyond the standards allowed by the City [Section 18.01.502].
- Non-compliance with Approvals: Failing to comply with specific terms, conditions, or limitations placed upon a final development plan or subdivision plat [Section 18.01.502].
Remedies and Penalties
The City of Reno uses several mechanisms to address code violations. The following table outlines the potential consequences for non-compliance.
| Consequence Type | Description of Action |
|---|---|
| Stop-Work Orders | The Administrator may issue a written order to halt any building, structure, or site activity that is in substantial violation of the City of Reno Land Development Code [Section 18.01.503]. |
| Withholding Permits | The City of Reno may withhold building permits for properties with active zoning violations [Section 18.01.504]. |
| Revocation of Entitlements | The City may revoke any permit or approval if the user violates permit conditions, creates a public nuisance, or provided fraudulent statements in the application [Section 18.01.504]. |
| Civil Citations | Enforcement officials may issue administrative citations and notices and orders under Chapter 1.05 of the City of Reno Municipal Code [Section 18.01.503]. |
| Mandatory Removal | If a nonconforming sign is declared a hazard, the owner must remove or repair it within 10 days of notice from the Administrator [Section 18.05.117]. |
Stop-Work Order Procedures
If a City of Reno stop-work order is issued, it must be in writing and directed to the person performing the work. It must specify the exact provision of the City of Reno Land Development Code being violated. Once issued, no work may proceed on the site except to correct the violation or comply with the order. The Administrator will only rescind the order once the cited conditions have been adequately addressed [Section 18.01.503].
Revocation of Approvals
A decision to revoke a development approval in the City of Reno must be supported by a finding that the owner or responsible party is in substantial nonconformance with the conditions of approval or City of Reno ordinances [Section 18.08.307]. The Planning Commission must hold a public hearing before recommending revocation to the City Council. Following a City Council hearing, the permit may be revoked, or the Council may choose to impose additional conditions or reinstate the permit [Section 18.08.307].
Specific Violations in Restricted Areas
The City of Reno applies stricter enforcement standards in certain sensitive areas, such as Flood Hazard Areas.
Flood Hazard Area Violations
Every new structure, fill, or development located in an area of special flood hazard must comply with the Flood Insurance Rate Map (FIRM) in effect. Any structure not in compliance is declared a "public nuisance per se" and may be abated, prevented, or restrained by the City of Reno [Section 18.04.102].
If a violation is discovered in a Flood Hazard Area, the City of Reno may:
- Require the owner to provide additional information within five days [Section 18.04.102].
- Take action to affect the abatement of the violation [Section 18.04.102].
- Submit a declaration to the Federal Insurance Administration (FIA) for the denial of flood insurance for the property [Section 18.04.102].
Sections Cited
- Chapter 18.01 Article 5, Enforcement, Violations, and Penalties
- Section 18.01.501, Liability for Violations
- Section 18.01.502, Violations
- Section 18.01.503, Enforcement Actions
- Section 18.01.504, Remedies and Penalties
- Section 18.04.102, Flood Hazard Areas
- Section 18.05.117, Termination of Right to Nonconforming On-Premises Sign
- Section 18.08.307, Post-Decision Actions and Limitations
- Section 18.09.401, All Other Terms Defined (Administrator)