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Lyon County declares 85 Hart Street in Dayton a public nuisance; county authorized to abate if owners do not comply

2247825 · February 6, 2025
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Summary

After multi-year enforcement, the board declared the property at 85 Hart Street, Dayton, a public nuisance and ordered the property owners to abate conditions within 10 days or face county-led abatement and assessment of costs to the parcel (APN 006-033-02).

The Lyon County Board of County Commissioners on Feb. 6, 2025, declared the property at 85 Hart Street in Dayton a public nuisance and directed county staff to pursue enforcement, including county-led abatement at the owner’s expense if the property is not remedied.

Why it matters: County staff and the sheriff’s office reported a long history of complaints and code-enforcement actions at the property. The board found the site posed health and safety risks and authorized an abatement process intended to protect neighbors and first responders.

Evidence and enforcement history: Lyon County Code Enforcement Officer Joseph Sanchez told the board the county and sheriff’s office had received repeated complaints about accumulation of trash, abandoned vehicles, and human and animal waste at the property since 2017. Sanchez said sheriff and code-enforcement staff have cited occupants and made on-site visits since February 2018 and described photographs and field documentation showing obstructed rights-of-way, flammable debris, and other risks.

Sanchez identified occupants as John Muldoon and Tara Weed and said Ms. Weed is awaiting trial on charges that include alleged animal cruelty and failure to comply with previous court-ordered remediation. Lyon County Deputy District Attorney Steve Wright explained that the case had been through court and that county staff had made numerous outreach efforts before bringing the matter to the board.

Sheriff’s office support: Commander Ryan Powell told the board the sheriff’s office supported the district attorney and code-enforcement recommendations. Powell said the sheriff’s office had 17 investigative instances tied to that property dating back to 2017 and supported board action to abate the conditions.

Board action and requirements: The board adopted a resolution finding the activities at 85 Hart Street constituted a public nuisance under Lyon County Code, Title 6, Chapter 1 (nuisance). The resolution ordered the property owners to abate the nuisance within 10 days from the order (time frame in the resolution: up to and including Feb. 16, 2025) and to report progress to Joseph Sanchez, the county code-enforcement officer. The resolution warned that failure to comply would permit the county to contract for abatement and assess the cost as a lien against the property (Lyon County Code citation referenced in the resolution: 6.010.09(b) as read aloud at the hearing).

Grant funding and timing: Sanchez said grant funds have been identified (held by Central Lyon Fire) to facilitate a county-led cleanup and that the grant has a hard deadline of March 10, 2025; staff said the county’s intent was to act quickly if property owners did not remediate.

Discussion points: Commissioners and staff discussed whether occupants had been referred to social or health services; staff said they had coordinated referrals to human services and other supports while pursuing code compliance. Community Development Director Gavin Henderson said that after exterior cleanup staff would follow up with interior and sanitation assessments as permitted by law.

Outcome and next steps: The board’s resolution passed (motion and second recorded on the public record) and staff were authorized to proceed with enforcement steps in accordance with the county code. If the county performs abatement, costs will be assessed to the parcel (APN 006-033-02) and collected in the same manner as property taxes, per the resolution language.

Ending: The board’s decision follows multiple years of public complaints, court actions and code-enforcement efforts and moves the case from ongoing outreach into a formal abatement timetable with county oversight.