Board reverses hearing officer, orders removal of RVs from vacant Red Rock parcel

The Washoe County Board of Adjustment reversed an administrative hearing officer’s dismissal of a code-enforcement action and found that a Red Rock property at 120 Mule Tail Circle was in violation of Washoe County Code for outdoor storage on a vacant parcel (appeal of administrative hearing order). The board ordered removal of the stored recreational vehicles and any items not related to an agricultural use within 25 days and upheld a $100 penalty.

Planning Manager Chad Giesinger said code enforcement opened the case after an anonymous complaint on April 2, 2024, reporting RV living and storage on the 10‑acre parcel without an existing principal use. Giesinger said code enforcement initially sought compliance through establishment of a principal use (for example, submitting a building permit) and issued extensions while awaiting progress toward a building permit. Environmental Health Services also opened a concurrent case because of concerns about on-site sewage; EHS staff confirmed a test trench was completed in June 2024 and noted pump receipts had been requested from the property owner.

At an administrative hearing the property owner argued that an agricultural principal use had been established by bringing livestock onto the site and that, under Washoe County Code Section 110.330.55, certain buildings and structures used in conjunction with an agricultural use are permitted. The hearing officer concluded the RVs were necessary to support an agricultural use and dismissed the penalty notice. Code enforcement appealed that order to the Board of Adjustment, arguing code definitions make a key distinction: an ‘‘agricultural building’’ is a structure and the code defines ‘‘structure’’ as not including a tent, trailer or vehicle; therefore, RVs cannot qualify as agricultural buildings and the RVs on site were not permitted by that section.

At the hearing before the board, the property owner’s counsel argued the hearing officer’s factual findings should be afforded deference and that trailers on the site were towed structures used in support of agricultural activities. The owner’s counsel also said the owners had been working toward a building permit and septic permitting and would sell the property if the matter continued unresolved.

Board members questioned both legal and factual points. Several commissioners asked staff to display code definitions clarifying that an agricultural building is defined as a ‘‘structure’’ and a ‘‘structure’’ does not include a trailer or vehicle; staff cited Washoe County Code Article 902 definitions in support of the enforcement position. Environmental Health supervisor David Kelly confirmed that a well had been installed and that a test trench for septic was completed in 2024, that pump receipts had been provided in earlier correspondence but were requested again, and that EHS had no documented evidence of improper sewage disposal.

After discussion, board member Don Christensen moved to reverse the hearing officer, finding Ms. Jones in violation of Washoe County Code Section 110.3060.35(b), upholding a $100 penalty and ordering removal of the RVs and items not related to an agricultural use within 25 days; Leo Harishni seconded. The motion carried and the chair directed staff to prepare a written order to be filed with the secretary of the Board of Adjustment. The board’s order explains the appellant may seek judicial review in the Second Judicial District Court per county code and state law.