Board reverses hearing officer, orders removal of RVs from vacant Warm Springs parcel within 25 days

The Washoe County Board of Adjustment on March 6 reversed an administrative hearing officer’s order and found that an RV and other items were being stored on a vacant Warm Springs parcel in violation of Washoe County Code; the board ordered removal within 25 days.

Staff from Code Enforcement presented the appeal, saying the administrative hearing officer’s order improperly directed the respondent to "seek" a building permit and included language outside the hearing office’s authority. Planning manager Jagga Singer (staff) argued the property lacked an established principal use and the temporary-occupancy allowance had been exceeded.

Singer summarized the timeline: a building permit for a small dwelling was issued on Nov. 28, 2019; the county allowed extensions during the COVID period but denied a third extension after a long period with no inspections or active construction. Singer cited WCC §110.310.35 (temporary occupancy allowances) and WCC §110.306.35(b) (prohibiting outdoor storage on vacant parcels) as the controlling code provisions. "In no case will the temporary occupancy be permitted for 37 months from the original date of the permit," Singer said, and staff told the board the respondent had exceeded that period.

Respondent Jonathan Belfort and several supporters argued the building-permit timeline was disrupted by COVID and cited medical issues and other disputes with neighbors and local organizations. Belfort submitted material alleging broader disputes and asserted procedural and jurisdictional claims; portions of his testimony included allegations about title irregularities and complaints against nearby property owners.

Neighbors and other commenters disputed Belfort’s assertions and supported enforcement. Jeff Hill, identified in public comment as a nearby property owner, denied collusion claims and said he no longer works for the City of Reno. Another commenter, Jeffrey Merritt Wilson, described alleged association accounting problems and urged enforcement.

Planning and health staff explained that the septic work submitted in 2020 was not completed or finaled; environmental-health supervisor David Kelly said he had inspected trenches for an engineered septic system in July 2020 but "we never saw any additional inspections after that." Staff said building-permit activity and inspections are necessary to keep a permit active and to validate any temporary-occupancy exemption permitting an RV on-site.

After discussion, Board Member Don Christensen moved to reverse the administrative hearing officer’s order, finding a violation of WCC §110.306.35(b). The motion, seconded by Rob Pierce, ordered removal of the stored RVs and any other items illegally stored on the vacant property within 25 days. The board instructed the chair to prepare a written order; staff said the 25-day compliance period aligns with the respondent’s right to petition the district court for judicial review.

Votes at a glance: appeal of administrative hearing officer’s order (code enforcement v. Belfort) — motion to reverse and require removal within 25 days, moved by Don Christensen, second Rob Pierce; outcome: reversed (unanimous among members present).

The board advised that an appeal of the Board of Adjustment decision must be filed in Second Judicial District Court as a petition for judicial review within 25 days.