Nuisance | Town Of Midwest Copy

ORDINANCE NO. 2021-04

AN ORDINANCE AMENDING ORDINANCE 2020-06 PERTAINING TO PUBLIC NUISANCES

Whereas, it is necessary and prudent to the public welfare to define and regulate nuisances within the corporate limits of the Town of Midwest,

Therefore, Ordinance 2020-06 is hereby amended to read as follows:

Section 1. Definitions

A. For the purposes of this section, the following words and phrases have the following meanings:

"Junk" includes any iron, glass, paper, rags, wood, machinery parts, tires, cloth manufactured items which, by reason of partial or complete disassembly or dilapidation, is unable to perform the function or purpose for which it was originally constructed, any other waste or discarded material of any nature or substance whatsoever, and any scrap or salvage material of any nature or substance whatsoever and any scrap or salvage materials or manufactured thing which is held for scrap or salvage purposes. "Junk" does not include firewood in individual lengths which are stacked or organized in a neat manner.

2. "Junked or Abandoned Vehicle" means any vehicle as defined below which does not display current
registration, wrecked, junked, dismantled, partially dismantled, inoperative, abandoned or discarded; or is
unable to perform the function or purpose for which it was originally constructed.

"Property" means any real property within the Town or any Town property which is not a street or highway
"Repair" means any mechanical repair or servicing of vehicles other than the changing of flat tires.
"Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular use.
"Vehicle" means any vehicle originally designed or constructed to be propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners, or slides and transports persons or property or pull machinery, and shall include, without limitation, automobiles, trucks, trailers, buses, motor homes, campers, snowmobiles, motorcycles, tractors, buggy and wagon, dune buggies or any other off-road vehicles.

7. “Vegetation” means any weeds, noxious vegetation growth, or grass growth exceeding eight inches (8”)
in height, dead or dying trees that create a hazard to the health or safety of other property or human
welfare, branches or tree limbs cut or still attached to the trunk; live branches or limbs and shrubs,
hedges or bushes.

Section 2. Public Nuisance Declared.

A. No person shall permit or allow any public nuisance to exist upon any property owned or occupied by such person, nor shall any person allow or permit any public nuisance to exist upon any property of the Town or any other property owned or occupied by any other person.

B. Any one of the following circumstances existing shall be considered prima facie evidence of a condition constituting a nuisance.

(1) When any of the four tires of the main wheels of such vehicle have been removed or are deflated, other than for repair;

(2) When any of the main wheels of the vehicle have been removed other than for repair;

(3) When such vehicle is totally or partially suspended above the ground by jacks, blocks or any other lifting devices, other than for repair;

(4) When there are more than two unlicensed vehicles. All other vehicles shall display valid current or temporary permits. All vehicles shall be stored upon premises so that the vehicle registration is visible from public property. If the vehicle registration is not visible from public property the owner shall provide proof of current registration within ten (10) days upon demand of the Mayor or his authorized designee. Any person who fails to comply with these requirements may be cited and punished as provided by Section 8. This shall not apply to vehicles in the possession of licensed dealers for the purpose of sale at the place licensed for such sale.

(5) When any part of the mechanism of the vehicle has been removed so as to render the vehicle inoperable, other than for repair

(6) Any junk, vehicle, junked vehicle, abandoned vehicle or vegetation parked or placed on Town property;

(7) An abandoned vehicle, junk, junked vehicle or vegetation as defined in Section 1 of this ordinance.

(8) To permit the accumulation of manure, animal feces in any stable, stall, corral, lot or yard;

(9) To fail to keep alleyways clean and free from rubbish of all kinds;

(10) To obstruct the streets, parking areas or sidewalks in any way without the permission of the Town Council;

(11) Repair of vehicles on public streets, highways or parking areas or other Town property.

(12) To allow the growth of grasses and weeds in excess of eight inches (8") in height.

(13) To allow tree branches to grow within eight feet (8') above the sidewalk and 14 feet (14') above the streets.

(14) To allow hedges and bushes to grow to a height of thirty-three inches (33") to restrict visibility on corner lots.

C. (1) Wood Piles that are stacked in a neat and orderly fashion shall not be construed to be nuisances; and

(2) Recreational use vehicles which are in an operable condition, which are not required to be
licensed by the State of Wyoming to operate, and which vehicles take the form of non-street legal
dirt motorcycles, ATV's, stock cars, and snowmobiles, shall not be construed to be nuisances solely
because they are unlicensed.

D. The intent of this ordinance is not to restrict the number of unlicensed vehicles for sale or repair carried out on commercial property zoned for that purpose.

Section 3. Notice to Abate Nuisance-Compliance Require.

A. It shall be the duty of any person receiving the notice of a public nuisance as provided in this ordinance to comply with the provisions of the notice and to abate such nuisance immediately for any nuisance existing upon property of the Town including, but not limited to, a nuisance identified in section 2, B (11), within thirty (30) days for a “vegetation violation”, seventy-two (72) hours for a weed and grass violation, or ten (10) days for any other violation of this ordinance after receipt of such notice, and if such person shall fail or refuse to abate such nuisance without just cause, such failure is declared to be unlawful and shall constitute a misdemeanor, punishable by any assessment of a fine but not less than twenty-five dollars ($25.00) or more than not to exceed seven hundred fifty dollars ($750.00) for each separate violation. Each day such nuisance persists shall constitute a separate violation.

B. It is unlawful and shall constitute a misdemeanor for any person, after having received notice as provided herein, to remove any vehicle, junk or vegetation from private property to any other private property upon which storage is not permitted, or onto any public property for the purpose of storage or disposal.

Section 4. Notice to Abate Nuisance-Contents-Procedure.

A. Except as provided below, whenever it is apparent that any vehicle, junk, repair or vegetation is a public nuisance as defined herein, the mayor or representative shall attempt to give written notice to the owner of the vehicle, junk or vegetation, if his or her address is known, to the owner of the land where the vehicle, junk or vegetation is located, or to any other person or entity known to have a security interest in the vehicle, junk or vegetation. The notice shall be attempted by certified first class mail or personal service, if the address of the individual or entity is known and the notice shall be posted on a conspicuous location on the property.

B. Such notice shall include the following information:

1. A statement that a certain vehicle, junk or vegetation is a nuisance within the provisions of Section 2; in the case of the vehicle, the notice should include make, year, license plate number and vehicle identification number, if reasonably possible;

2. A description of the real property, by street address, or otherwise, on which the nuisance exists;

3. A statement that such nuisance must be abated within either 72 hours or (10) ten orthirty (30)days from the date of notice, depending on the violation;

4. A statement that if the nuisance is not abated within the time period, the Town may either:
a. Issue a citation for the nuisance for each day the nuisance is not abated; or
b. May abate the nuisance and the cost of the abatement may be charged to the owner of the
nuisance, or assessed against the land upon which the nuisance exists, or both.

5. A statement that a hearing upon the allegation of a public nuisance and the assessment of costs may be requested by giving written notice to the town clerk within ten (10) days from the date on the notice, and that if a hearing is not so requested, the right to a hearing shall be waived.

C. In the event that notice, as provided in subsection A of this section, cannot be given to each individual known by the mayor or his designated representative to have an interest in the vehicle, junk or vegetation, service shall be made by publication or public posting in three locations within the town. Such notice by publication shall be made by one publication in a newspaper of general circulation in Natrona County. The notice of publication or public posting shall contain the same information required in the notice described in subsection A of this section. Notice by publication or public posting may contain multiple listings of public nuisances.

D. Proof of notice shall be made by the certification of any officer or employee of the Town, or affidavit of any person over eighteen (18) years of age, naming the person to whom notice was given and specifying the time, place and manner thereof. Proof of notice shall be made in each case and maintained for a period of two (2) years from the date of abatement of nuisance for which notice has been given.

E. The notice provisions of this section shall not apply and no notice shall be required to declare and enforce the abatement of any nuisance caused or created by any person upon the property of the Town or upon property owned by any other persons. Upon discovery of any such nuisance, the mayor or his representative may immediately issue citation(s) to the responsible person(s) for each day the nuisance is not abated.

Section 5. Hearing Procedure.

A. A request for a hearing upon the allegation of a public nuisance and the assessment of costs shall be made in writing and delivered to the town clerk within ten (10) days from the date of the notice to abate. Such request shall specify the property concerning which the request is made, the requesting party's name and address and nature of the interest held by the requesting party in the vehicle, junk or vegetation.

B. In the event of a public nuisance as defined in Section 2 of which notice has been given, and which remains unabated for more than seventy-two (72) hours, ten (10) or thirty (30) days, depending on the violation, the mayor or his representative is granted the authority to

(1) Issue a citation for the nuisance for each day the nuisance is not abated; or

(2) May abate the nuisance and the cost of abatement may be charged to the owner of the nuisance or assessed against the land upon which the nuisance exists, or both; provided however, that if a proper request for hearing is filed, abatement shall only proceed upon resolution or order of the Town Council or hearing examiner. Prosecution of a citation for the nuisance however, may be enforced through the Town's municipal court at any time.

C. In the event a request for hearing is filed as provided, a hearing shall be held before the Town Council or such other individual or group as designated by the Town Council to act as hearing examiner. The purpose of the hearing shall be to confirm or deny the existence of a public nuisance and for taking such further action as is authorized under this chapter. Notice of the time, place and hour of the hearing shall be sent at least fourteen (14) days in advance of the hearing of all known parties.

D. At such hearing all parties shall be afforded an opportunity to present evidence, to cross-examine and present argument; provided that all persons testifying shall be sworn; irrelevant, immaterial or unduly repetitious evidence will be excluded as determined by the Town Council or hearing examiner. All evidence presented shall be of the type commonly relied upon by reasonable, prudent people in the conduct of their serious affairs.

E. At or after such hearing, and in the event of confirmation that a public nuisance exists, the Town Council or hearing examiner, as the case may be, may resolve or order that the mayor and/or his employees or agents, remove or otherwise abate that nuisance, provided, however, that if the circumstances justify, in the opinion of the entity or person presiding at the hearing, the time for abatement may be delayed. In the event the nuisance is confirmed, administrative and removal costs may be assessed at the hearing. If it is found that a public nuisance does not exist, abatement authority shall be denied and costs shall not be assessed.

F. Appeals from adverse decisions rendered by the Town Council or hearing examiner pursuant to subsection D of this section, may be made to the district court in the same manner as an appeal from an adverse decision rendered by an agency in a contested case under the provision of Section 16-3-114, of the Wyoming Statutes, 1977.

G. In the event a request for hearing, as provided is not filed, the right to a hearing shall be considered to have been waived.

Section 5 6. Removal-Voluntary Consent-Affidavit.

The owner of any vehicle, junk or vegetation may voluntarily consent to the removal of such property by the Town. In order to give such consent, all owners of the property shall execute an affidavit in a form acceptable to the town attorney, stating that there are no other owners of the property; that the owners will reimburse the town for the actual costs of removal or such other costs as are established by the Town Council for such removal; and that such reimbursement will be made to the Town within thirty (30) days of removal. Such affidavit shall constitute a statement by the owners signing such affidavit that they will indemnify the Town for any loss of expense alleged by any other party as a result of removal or disposal. The execution of such affidavit shall also release the Town.

Section 6 7. Towing Vehicles Upon Streets or Highways or Town Property.

Any vehicle found upon any street, highway, alley or other property of the Town in violation of this ordinance may be impounded by the Chief of Police by posting notice of intent to impound the vehicle in a prominent position on the vehicle at least seventy-two (72) hours prior to removal. The owner of any vehicle posted for impoundment shall not remove or relocate the vehicle to any other location in violation of this ordinance or other applicable law. In the event the owner fails, within the time provided herein, to remove any vehicle posted, the Chief of Police shall cause the vehicle to be relocated and stored at the owner's expense.

The Chief of Police is authorized to provide for the removal and impounding of vehicles under this ordinance by such private wrecker services as may designated by the administrative authority of the Town of Midwest. No vehicle impounded under this ordinance shall be released until all charges for towing and storage have been paid by the owner thereof. The charge for towing, storage or removal of any motor vehicle shall be fixed by the Town Council by resolution from time to time.

Whenever the Chief of Police removes a vehicle from a street as authorized in this chapter and knows or is able to ascertain from the registration or other records in the vehicle or otherwise the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, the reasons therefore and of the place to which such vehicle has been removed. Whenever the Chief of Police is unable to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, the officer may consider that the motor vehicle may have been stolen and shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the location where the vehicle is stored, with request that the owner of such vehicle be notified immediately.

Any vehicle impounded pursuant to this ordinance may be claimed by the owner thereof, by providing suitable documentation of ownership and paying all towing and impound fees within thirty (30) days after its relocation. After giving public notice as provided by law, any vehicle, parts or other personal property not timely claimed as provided herein may be sold or auctioned without warranty by the Town.

Section 7 8. Penalty

Any person in violation of any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof may be fined any amount not to exceed seven hundred fifty dollars ($750.00) plus court costs for each violation. Each day a violation shall continue shall constitute a separate offense.

Section 8 9.Unenforceability

If any section, paragraph, clause or provision of this ordinance shall, for any reason, be held unenforceable, the invalidity or unenforceability of such section, paragraph clause or provision shall not affect the remaining provisions of this ordinance.

Section 9 10. Full Force Date

This ordinance shall be in full force and effect from and after passage on three readings and public posting.

Section 10 11. Conflicting Ordinances

All Ordinances and parts of Ordinances in conflict with provisions of this Ordinance, are hereby amended or repealed.

PASSED on 1st reading the 28 day of April, 2021.

PASSED on 2nd reading the 12 day of May, 2021.

PASSED on 3rd reading the 26 day of May, 2021.