405.230 - Penalty for obstruction or damage to highway; abatement of nuisance; removal of certain obstacles or encroachments.
405.230 Penalty for obstruction or damage to highway; abatement of nuisance; removal of certain obstacles or encroachments.
1. Any person who, in any manner, obstructs any road, street or alley, or in any manner damages it or prevents travel thereon, or who obstructs, dams or diverts any stream or water so as to throw it, or cause the flowage thereof, upon, across or along the pathway of any road, highway, street or alley is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the extent of damage to the section of the road, street, alley or highway damaged, and in no event less than a misdemeanor.
2. The court before which the conviction is had shall order the sheriff or any constable of the county to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of the road, street or alley, or any obstruction from the stream so as to allow it to flow in its natural bed.
3. The department of public works or any other appropriate county agency is authorized to remove from the highways any unlicensed obstacle or encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, before the expiration of 5 days after personal service of notice and demand upon the owner of the obstacle or encroachment or the owner’s agent. In lieu of personal service upon that person or the person’s agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the obstacle or encroachment described in the notice. Removal by the department or other agency of the obstacle or encroachment on the failure of the owner to comply with the notice and demand gives the department or other agency a right of action to recover the expense of the removal, investigative costs, attorney’s fees, cost and expenses of suit, and in addition thereto the sum of $250 for each day the obstacle or encroachment remains after the expiration of 5 days from the service of the notice and demand.
4. As used in this section, “obstacles or encroachments” mean any objects, materials or facilities not owned by the county that are placed within a right-of-way of the county for storage purposes or decorative improvements for front lots that are not a part of a highway facility. The term does not include vehicles parked in a lawful manner within that right-of-way.
[6:111:1866; BH § 445; C § 452; RL § 3009; NCL § 5397]—(NRS A 1967, 571; 1979, 602; 1993, 897)