Washoe County Board overturns hearing officer's decision on agricultural RV use

The Washoe County Board of Adjustment convened on April 3, 2025, to address a significant case involving property violations at 120 Mule Tail Circle in Red Rock. The meeting focused on an appeal regarding a civil penalty notice issued for alleged code violations related to improper storage and use of recreational vehicles (RVs) on a vacant property.

The case originated from an anonymous complaint received on April 2, 2024, which claimed that RV living was occurring without a principal use on the property. Code enforcement confirmed the presence of RVs, livestock, and other items on the site, leading to the issuance of a penalty notice. The property, spanning 10 acres and zoned for low-density residential use, was found to lack a principal dwelling, which is required for the storage of such items.

During the meeting, code enforcement officials detailed the timeline of events, including attempts to establish compliance through the submission of building permit applications for a single-family dwelling. Despite initial communication from the property owner indicating plans to build, subsequent follow-ups revealed no progress, prompting the county to pursue the appeal.

The property owner, represented by attorney Michael Moppin, argued that an agricultural use had been established due to the presence of livestock, which should exempt them from the violations cited. Moppin contended that the hearing officer's decision to dismiss the violation was valid and that the county's continued pursuit of the matter was unwarranted.

Board members engaged in discussions regarding the definitions of agricultural use and the legality of RVs as storage structures. Questions arose about the adequacy of sanitation facilities on the property, as concerns about sewage disposal were raised. Code enforcement officials confirmed that while a well had been drilled, no septic system was in place, raising public health concerns.

After deliberation, the Board of Adjustment voted to reverse the hearing officer's decision, upholding the violation and ordering the removal of the RVs and any other items not related to agricultural use within 25 days. The board also upheld the $100 penalty fine issued to the property owner.

The decision underscores the ongoing challenges faced by property owners in navigating compliance with county codes, particularly in establishing agricultural uses while adhering to residential zoning regulations. The board's ruling allows for further legal recourse, as the property owner retains the right to appeal the decision in district court.