NAC461A.410. Liability of agency for enforcement for expense caused by removal or replacement of material.

     1. The agency for enforcement is not liable for any expense caused by the removal or replacement of any material by the agency for enforcement in the mobile home park if:

     (a) The removal or replacement of material was required to allow inspection;

     (b) The requirement was reasonable;

     (c) An alternative method of inspection was not acceptable;

     (d) The agency for enforcement had a reasonable belief that the removal or replacement of material was necessary to determine whether the mobile home park had a substandard, unsafe or unsanitary condition; and

     (e) The agency for enforcement actually found or confirmed a substandard, unsafe or unsanitary condition within the mobile home park as a result of the removal or replacement of material.

     2. If the agency for enforcement does not find or confirm the existence of a substandard, unsafe or unsanitary condition within the mobile home park as a result of the removal or replacement of material, it shall pay the cost of replacing any soil, pavement, gravel, sod or any other ground covering or material that was removed. The agency for enforcement shall replace the material in such a manner as to return the mobile home park to a condition similar to that before the removal of such material.

     (Added to NAC by Mfd. Housing Div. by R055-02, eff. 7-18-2002)