A Henderson woman says poor maintenance caused a city-owned sign last month to damage her property but as Contact 13 has learned the city officials say they are not paying for any damage.
Karen Loeffler says a school zone speed limit sign in her front yard is meant to grab the attention of drivers but it now has her attention for the wrong reason.
"This is our property and they have no right to damage it and if they do then they need to suffer the consequences," said Loeffler.
Karen noticed the sign began to tilt at an odd angle during a wind storm in March and would have reported the issue to the city sooner but she was in a rush to get her mother to an appointment.
"She's 90 years old," said Loeffler.
Karen says the next day, her neighbor knocked on her door and she learned the sign had fallen over and damaged a cinder block wall.
"It's rusted and rotted out. It's ridiculous!" said Loeffler.
Karen filed a claim with the City of Henderson but risk management denied it citing state law.
"Which provides no action may be brought against a political subdivision: for (1) failure to inspect any building, structure, vehicle, street, public highway or other public work, facility, or improvement to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect; or (2) failure to discover such hazard, deficiency or other matter, whether or not an inspection is made. An individual may only void the operation of the statue by showing that the City was on actual notice of a defect in its premises."
"That's bologna," said Loeffler.
"If I have to, I will write Governor Sandoval, we will get an attorney with the understanding the attorney will go after the city," said Loeffler.
Contact 13 asked the City of Henderson what Karen should have done before the sign fell over.
If a resident becomes aware of an issue with a sign, such as a rusted support poll, we ask that they please contact the city right away so there is enough time to reasonably repair it. The City will assess the problem and then determine when the situation can be addressed. The goal is to prevent any damage from occurring.
What responsibilities fall on Henderson property owners to prevent damage?
Property owners are expected to report problems to the City of Henderson once they become aware of an issue.
Problems can be reported online 24 hours a day through the City's Contact Henderson portal at www.cityofhenderson.com [cityofhenderson.com] or by calling 702-267-3200
In addition, The City of Henderson will evaluate any notice of claim that is properly submitted and will provide a property owner with a response regarding their claim in a timely manner.