§ 3.04.060. Emergency powers.

The provisions of this section shall be operative only during the existence of an emergency or disaster as defined in Section 3.04.010. The existence of such emergency or disaster may be declared by proclamation of the county manager, or by resolution of the board of county commissioners, by proclamation of the Governor of the state of Nevada, or by resolution of the legislature, if the county manager, or the county commission or the Governor, or the legislature finds that a natural or man-made disaster of major proportions has actually occurred or is likely to occur within this county or this state, or that an attack upon the United States has occurred or is imminent, or that emergent or resurgent infectious diseases are detected and the safety, health and welfare of the inhabitants of this county or this state require an invocation of the provisions of the section. Any such emergency or disaster, whether proclaimed by the county manager, the board of county commissioners, the Governor, or by the legislature of the state of Nevada shall terminate upon the proclamation of the termination thereof by the county manager, the board of county commissioners, the Governor, or the passage by the legislature of a resolution terminating such emergency or disaster. During the period when an emergency or disaster exists or continues, the board of county commissioners shall have and may exercise the following powers in addition to those powers granted in other sections of this chapter:

(a)

To enforce all laws, rules and regulations relating to emergency or disaster operations and to assume direct operational control of all emergency management resources in the county;

(b)

To sell, lend, lease, give, transfer or deliver materials or perform services on such terms and conditions as the board of county commissioners shall prescribe without regard to the limitations of any existing law, and to account to the county treasurer for any funds received for such property;

(c)

To procure, by purchase, condemnation, seizure, or other means, to construct, lease, transport, store, maintain, renovate or distribute materials and facilities without regard to the limitations of any existing law, provided it makes compensation for the property so seized, taken or condemned on the following basis:

(1)

In case property is taken for temporary use, the board of county commissioners, within ninety days after the date of the taking, shall fix the amount of compensation to be paid therefor, and in case such property is returned to the owner in a damaged condition, or is not returned to the owner, the board of county commissioners, within ninety days after the date of the return, shall fix the amount of compensation to be paid for such damage or failure to return. Whenever the board of county commissioners deems it advisable for the county to take title to property taken under this section, it shall forthwith cause the owner of such property to be notified thereof in writing by registered mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the county clerk.

(2)

Within the ninety-day period fixed in subdivision (1) of this subsection, the board of county commissioner shall make an offer in writing to the person or persons entitled to receive the same of the amount of money proposed to be paid as and for full compensation. In the event the offer is accepted, the money shall be paid out of such funds as are available and no further action either in law or in equity shall ever be maintained in connection therewith. If such offer of payment is refused, the person or persons entitled to compensation shall have the same rights as claimants in actions of eminent domain insofar as the fixing of damages and compensation is concerned, and NRS Chapter 37, so far as applicable, shall apply and proceedings shall be made in conformity therewith so far as possible. Such action must, however, be commenced within one year from the receipt of the offer of compensation from the board of county commissioners;

(d)

To suspend the provisions of any statute prescribing the procedures for conduct of county business, or the orders, rules or regulations of any county agency if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary actions in coping with the emergency or disaster;

(e)

To utilize all available resources of the county and of each political subdivision within the county as reasonably necessary to cope with the emergency or disaster.

(f)

To authorize the county manager to transfer the direction, personnel or functions of county departments and agencies or units thereof for the purpose of performing or facilitating emergency services;

(g)

To prescribe routes, modes of transportation and destinations in connection with evacuation;

(h)

To control ingress and egress to and from an emergency or disaster area, the movement of persons within the area and the occupancy of premises therein; to cooperate and coordinate with district health officials in implementing and carrying out the compulsory physical separation, including the restriction of movement or confinement of individuals and/or groups reasonably believed to have been exposed to or known to have been infected with a contagious disease from individuals who are believed not to have been exposed or infected, in order to prevent or limit the transmission of the disease to others, or in cases of other hazards to public health and safety;

(i)

To suspend or limit the sale, dispensing, use or transportation of alcoholic beverages, explosives and combustibles;

(j)

To make provision for the availability and use of temporary emergency housing;

(k)

To enter into contracts and incur obligations necessary to combat such emergency or disaster, to protect the health and safety of persons and to provide for emergency assistance to the victims of such emergency or disaster.

(l)

Subject to the provisions of the State Constitution and state statutes, to remove from office any public officer having administrative responsibilities under this chapter for willful failure to obey any order, rule or regulation adopted pursuant to this chapter. Such removal shall be upon charges after service upon such person of a copy of the charges and after giving him/her an opportunity to be heard in his/her defense. Pending the preparation and disposition of charges, the board of county commissioners may suspend such person for a period not exceeding thirty days. A vacancy resulting from removal or suspension pursuant to this section shall be filled as provided by law;

(m)

To perform and exercise such other functions, powers and duties as the board in its discretion deems reasonably necessary to promote and secure the safety and protection of the civilian population.

(1)

If a special meeting of the board is not warranted or feasible, the county manager or his designee may declare a state of emergency for the purpose of utilizing all available resources of the county necessary to cope with the disaster or emergency; transfer personnel or functions of county departments and agencies to perform or facilitate emergency services; to enter into contracts and incur obligations necessary to combat such disaster or emergency and to provide for emergency assistance to the victims of the disaster or emergency; and, to ask the state of Nevada or other entities for emergency assistance.

(Ord. 2762 (part), 2002: Ord. 1881 § 1 (part), 1996)

(Ord. No. 4332, § 1, 10-12-2015)