The property maintenance and nuisance abatement requirements are designed to ensure public health, safety and welfare by regulating and governing the conditions and maintenance of property and improvements within the city; by providing standards essential to ensure that structures and properties are safe, sanitary and fit for occupation and use; to improve the appearance of the city; encourage a more attractive environment; improve quality of life, and encourage citizens to achieve code compliance.
(Ord. 17-023 § 1, 2017)
As used in this chapter:
"Abate" or "abatement"
means the action taken to remove or alleviate a nuisance, including, but not limited to, demolition, removal, repair, boarding and securing or replacement of property.
"Code compliance officer"
includes such designated positions as are employed thereby for the enforcement of this city municipal code, or those individuals that are otherwise designated by the city administrator to perform those functions.
"Notice of violation"
shall mean that written notice prepared by the city to provide notice to individuals determined to be responsible for a public nuisance, or requiring notice of such due to their position, of that public nuisance and the steps deemed necessary to correct such nuisance.
"Nuisance" or "public nuisance"
means any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial loss in the value of other property in the neighborhood in which such premises are located or promotes urban blight and deterioration, or invites plundering, or creates fire hazards, or constitutes an attractive nuisance creating a hazard to the health and safety of minors, or creates a harborage for vermin, or to be injurious to the health, safety and general welfare of the public. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any of the following:
1. 
Any nuisance declared in this chapter or within the entire city municipal code;
2. 
Abandoned, discarded or unused objects or equipment including, but not limited to, automobiles, furniture, stoves, refrigerators, freezers, cans, or containers.
"Occupier"
shall mean that person(s) actually occupying the property.
"Owner" or "property owner"
shall mean that person(s) shown in Fremont County tax records to be the recorded owner of the property. In the case of a landlord-tenant situation, regardless of any written lease, the landlord shall be solely liable for any violation maintained on the real property or other locations specified by this chapter.
"Person"
means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, sergeant, officer, or employee of any of them, or any other entity that is recognized by law as the subject of rights and duties.
(Ord. 17-023 § 1, 2017)
A. 
The provisions of this chapter shall apply to all matters affecting or relating to the maintenance of buildings and premises and the abatement of nuisances.
B. 
The code compliance officer shall be responsible for enforcing the provisions of this chapter.
(Ord. 17-023 § 1, 2017)
The code compliance officer and/or building official shall investigate complaints and conduct inspections of violations of the provisions of this chapter. Reports of such investigations and inspections shall be in writing. The code compliance officer and building official are authorized to engage such expert opinion as deemed necessary to report unusual technical issues that may arise, subject to the approval of the city administrator.
(Ord. 17-023 § 1, 2017)
The code compliance officer is authorized to enter upon premises at reasonable times to investigate or inspect, with the permission of the owner, owner's agent, or occupant. The code compliance officer shall carry proper identification when investigating or inspecting premises in the performance of duties under this chapter.
(Ord. 17-023 § 1, 2017)
Whenever the code compliance officer is of the opinion that any condition is a public nuisance as defined within this code, the code compliance officer shall attempt to issue written notice to the owner of the condition, if his or her address is known, to the owner of the land where the condition is located, or any person occupying property, or to any other person or entity known by the code compliance officer to have a security interest in the alleged public nuisance. Such notice shall include substantially the following information:
A. 
The name of person who is the owner as disclosed in the tax records of Fremont County, Wyoming, or otherwise recorded; the name of person who is occupier of property if known, or the name of person who has a security interest if known;
B. 
The date of the inspection of the property;
C. 
A description of the real property, by street address or otherwise, on which the nuisance exists;
D. 
A statement that a certain condition is a nuisance within the provisions of this chapter and in the case of a vehicle, the notice should include make and model, and what must be abated;
E. 
A statement that such nuisance must be abated within 10 days from the date on the notice;
F. 
A statement that if the nuisance is not abated within the time provided, the city 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; and
G. 
A statement that failure to abate the nuisance may result in a city abatement and/or criminal charges.
(Ord. 17-023 § 1, 2017)
A. 
If, after inspection of the premises, the code compliance officer determines that a public nuisance exists, a notice of violation shall be served upon the owner of property on file with the Fremont County Assessor for tax purposes. Notice shall be issued in one or more of the following ways:
1. 
Personal service by the code compliance officer; or
2. 
Standard U.S. Postal Service mail; or
3. 
Certified mail, return receipt requested, signature required; or
4. 
Posting a copy of the notice in some conspicuous place on the offending property. In the case of vehicles, where practical, the notice shall also be affixed to the windshield or some other part of the vehicle where it can be easily seen. Where affixing the notice to a vehicle is impractical, and in the case of other nuisances, the notice shall be posted at the site or on the premises where the nuisance exists; or
B. 
Proof of notice shall be made naming the person to whom notice was given and specifying the time, place and manner thereof, by the certification of any officer or employee of the city, affidavit of any person over 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.
C. 
Receipt of service of the notice shall be deemed completed upon delivery by personal service, by regular mailing, or mailing of a certified letter.
(Ord. 17-023 § 1, 2017)