How The District’s Fees Can Be Collected
Again, it depends upon what type of fee we’re talking about. However for starters,
NRS 318.197(4): NRS 318.197(4) expressly instructs that “the Board may provide for the collection of (those rates, tolls and) charges” provided for in NRS 318.197(1).
NRS 318.197(6): NRS 318.197(6) instructs that “the Board may provide that charges for any service must be collected together with and not separately from the charges for any other service rendered by it.”1
NRS 318.197(7): NRS 318.197(7) instructs that “the board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by the person, firm or corporation of the charges for the service furnished by any enterprise.”
NRS 318.197(4)(c): NRS 318.197(4)(c) instructs that the District may “requir(e)…a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.”
In fact NRS 318.197(7) goes on to instruct that “if all or any part of any bill rendered by the person, firm or corporation pursuant to a contract is not paid and if the person, firm or corporation renders any public utility service to the person billed, the person, firm or corporation may discontinue its utility service until the bill is paid.”
NRS 318.199(2): NRS 318.199(1) – (2) instruct that when it comes to sanitary sewer facilities pursuant to NRS 318.140 or water facilities pursuant to NRS 318.144, “any individual or joint rate, toll, charge, service or product, or any individual or joint practice which will affect any rate, toll, charge, service or product, the board of trustees shall hold public hearings after 30 days’ notice has been given to all users of the service or product within the district.” NRS 318.199(5) instructs that “if, after public hearing, the board of trustees determines that the proposed action is required, the board shall adopt a resolution establishing the new or changed rates, tolls, charges, services to be performed or products to be furnished.” And those new or changed rates, tolls or charges can be collected as can any other NRS 318.197(6) charge for service.
NRS 318.115: instructs that “the board shall have the power to sue.” In fact, NRS 318.197(8) goes on to instruct that “an action may be brought in the name of the District in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due, or against any person guaranteeing payment of bills.”
NRS 318.201: As an “alternative to all other powers of the district, and…to other procedures adopted by the board for the collection of such charges,”2 NRS 318.201(1) instructs that “any board which has adopted rates pursuant to this chapter may, by resolution…elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes.”
NRS 318.210: And if the foregoing weren’t sufficient, given: NRS 318.210 instructs that “the Board shall have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this chapter,” and NRS 318.197(1) instructs that “the Board may fix, and from time to time increase or decrease (various)…rates, tolls or charges other than special assessments,” wouldn’t one of those rights and powers incidental to or implied from this power be the power to collect such rates, tolls or charges?
So now you know.
- In other words, a local parcel owner’s monthly water and sewer utility bill can be used to collect any other charges for service.
- See NRS 318.201(2).