[HISTORY: Adopted by the City Council of
the City of Evanston as Ch. 12 of the 1977 Code. Amendments noted
where applicable.]
[Amended by Ord. No. 3-15]
A.
For the purposes of this chapter, the term "nuisance"
is defined as the doing of or failure to do something that injuriously
affects the safety, health or morals of the public or works some substantial
annoyance, inconvenience or injury to the public or such part of the
public as necessarily comes in contact with it in the exercise of
a public or common right. A "nuisance" is the maintenance by any person
of any condition or use of real or personal property in such manner
as to unreasonably interfere with the use and enjoyment of the property
of another, or which is detrimental to the health, safety and welfare
of the inhabitants of the City or is detrimental to the property of
others, or which causes or tends to degrade or cause substantial diminution
in the value of other property in the neighborhood in which such nuisance
is maintained.
B.
The unlawful doing of any act or the omission to perform
a duty, which annoys, injures or endangers the public health, safety,
welfare or quiet enjoyment of property of the citizens of the City
or which unlawfully interferes with or tends to obstruct, or in any
way render unsafe and insecure, other persons in life or in the use
of their property, is hereby declared a "nuisance." The term "nuisance,"
as used herein, shall be deemed to include, but is not limited to,
the following:
(1)
The keeping of inflammable or combustible material
of every nature whatsoever in such a manner as to endanger by fire
any property or structure within the City, unless guarded and protected,
so far as practicable, to prevent fires from originating therein or
from spreading when started near such materials.
(2)
The keeping of quantities of straw, hay, paper and
paper products, dry grass cuttings, wood and wood products and the
storing of oily rags and waste in such a manner as to endanger by
fire any property or structure within the City, unless guarded and
protected, so far as practicable, to prevent fires from originating
therein or from spreading when started near such materials.
(3)
The accumulation upon any property or within any structure
within the City of junk, rubbish, trash, waste, discarded material
or salvage in such a manner as to harbor rats, rodents, mice, pack
rats, wild rabbits, vermin, skunks, cats or animals which may transmit
or cause to be transmitted diseases to human beings rabies, tularemia,
plague, tick fever or other diseases, or in such a manner as to provide
a breeding place for flies, mosquitoes, earwigs or other harmful insects;
or in such manner as to constitute a fire hazard or other hazard to
the health, safety and welfare of the inhabitants of the City.
(4)
The keeping of abandoned, discarded or unused objects
or equipment, such as furniture, stoves, refrigerators, freezers,
cans or containers and the like.
(5)
The discharge of any foul or nauseous liquid or liquor
or substance of like kind discharged into or upon any public or private
property within the City.
(6)
The keeping or discharge of any stale or putrid fat,
grease, garbage, meat, excrement or other foul or objectionable matter
of any kind.
(7)
The storage or keeping of old, unused, stripped, junked
and other machinery, implements, equipment, appliances and personal
property of any kind which is no longer used or safely usable for
the purpose for which it was manufactured, which hereinafter are collectively
described as "personalty," for a period of thirty days or more, except
in licensed junk yards or in an enclosed building.
(8)
The keeping of a partially dismantled, wrecked, junked,
discarded or otherwise nonoperating motor vehicle longer than thirty
days, except in an enclosed building. This subsection shall not apply
with regard to any vehicle on the premises of a business enterprise
operated in a lawful place, other than in a residential district,
and operated in a lawful manner, when the keeping or maintenance of
such vehicle is necessary to the operation of such business enterprise,
or with regard to a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner by the City or any other public
agency or entity.
(9)
The keeping or maintaining of premises in a manner
causing substantial diminution in the value of property of others
in the vicinity in which such premises are located.
[Amended by Ord. No. 3-15]
A.
It shall be a misdemeanor for a person, whether as owner, lessee, tenant, occupant or otherwise, to cause, or be in any manner whatsoever instrumental in causing, keeping, permitting or maintaining, a nuisance as defined in Section 14-1 within the limits of the City or its police jurisdiction.
B.
It shall be a misdemeanor for a person to obstruct
in any way the abatement of a nuisance or to fail or refuse to abate
a nuisance after being ordered to do so by the municipal court.
[Amended by Ord. No. 82-83]
Any person who shall post, place, paint or stick,
or cause to be posted, placed, painted or stuck, any handbill or placard
upon any public or private building, or upon any fence or other structure,
or upon any motor vehicle, without permission from the owner or occupant
of the same, shall be deemed the author of a nuisance, and any handbill
or placard so posted, placed, painted or stuck is hereby declared
to be a nuisance.
No abattoir or slaughterhouse shall be used
or established within the corporate limits, or within two miles thereof,
without the owner thereof first having obtained the consent and permission
of the City council therefor.
[Amended by Ord. No. 81-4; Ord. No. 83-7; 6-20-2017 by Ord. No. 17-03]
A.
APIARY
BEE
COLONY
FLYWAY
HIVE
Definitions.
The following words, terms and phrases, when used in this section,
shall have the following meaning ascribed to them:
A place where bee colonies are kept.
Any stage of the common domestic honey bee, Apis mellifera
species.
A hive and its equipment and appurtenances, including bees,
comb, honey, pollen, and brood.
A solid wall, fence or dense vegetation that directs the
flight pattern of the bees at least six feet above ground level over
the nearest property line in the vicinity of the apiary.
A structure intended for the housing of a bee colony.
B.
Hives.
All bee colonies shall be kept in hives with removable combs, which
shall be kept in sound and usable condition in compliance with the
applicable Wyoming Statutes.
C.
State
Law. Each beekeeper shall register with the Wyoming Department of
Agriculture and shall comply with all applicable state statutes and
regulations regarding the keeping of bees.
D.
Residential zones. In residential zones or neighborhoods, hives shall
not be located in a front yard. Hives shall be located at least 25
feet from any adjoining property line or street right-of-way unless
shielded by a flyway barrier. If shielded by a flyway barrier hives
shall be at least five feet from any adjoining property line or street
right-of-way line. Hive entrances shall be oriented away from the
nearest dwelling located on an adjacent lot or parcel of property.
E.
Water. Each beekeeper shall ensure that a convenient source of water
is available at all times to the bees, to prevent them from congregating
on sources of water on nearby properties which may cause human, bird,
or domestic pet contact. The water shall be maintained so as not to
become stagnant.
F.
Abandonment. Any bee colony not residing in a hive structure intended
for beekeeping, or any swarm of bees, or any colony residing in a
standard or homemade hive which, by virtue of its condition, has obviously
been abandoned by the beekeeper, is unlawful and may be summarily
destroyed or removed from the city.
G.
Ownership. A person shall not locate nor allow a hive on property
owned or occupied by another without first obtaining written permission
from the owner and/or occupant.
[Amended by Ord. No. 3-15; 12-15-2009 by Ord. No. 09-07]
A.
Except for enforcement of the landscape standards set forth in Article II of the chapter, all proceedings for the enforcement of this chapter shall be governed by rules of practice and procedure in the municipal court, and in the absence of such specific provisions, proceedings hereunder shall be governed by state law governing practice and procedure before justices of the peace, except as otherwise herein provided.
B.
All actions for violations of this chapter may be
commenced by the issuance of a citation by any member of the police
department or by filing with the municipal court a sworn complaint
and affidavit by any responsible citizen of the City or, detailing
with particularity the facts showing the existence of a nuisance as
herein defined and praying that such nuisance be abated.
C.
If the action is commenced by a citation, the police
officer shall specify on the citation the date and time when the person
cited must appear in municipal court for their arraignment. A citation
issued pursuant to this section is a "must appear offense" as defined
by the Wyoming Rules of Criminal procedure.
D.
If the action is commenced by the filling of a complaint
and affidavit, the municipal judge shall:
(1)
Enter the case on his docket in the usual manner as
required by law;
(2)
Issue summons, which shall be dated the date it is
issued, signed by the municipal judge issuing the same, directed to
the sheriff or any police officer of the City and containing the name
of the defendant, if known (if unknown, a fictitious name may be used),
and command the officer serving the same to summon the defendant to
appear before such municipal judge at his office in the City hall
at a time specified therein, but in any event not more than ten days
from the date of service, then and there to show cause why the nuisance
complained of should not be abated, and stating that if the defendant
fails to appear, judgment as prayed for in the affidavit of complaint
will be entered against him. The summons must be returnable not more
than ten days from its date and must be served at least three days
before the time of appearance by delivering a copy of the summons,
certified by the officer serving the same to be a true copy, to the
defendant or leaving the same at his usual place of residence or business
with some person over fourteen years of age residing or staying thereat,
to whom the contents shall be explained; and acknowledgment on the
back of the summons or the voluntary appearance of the defendant is
equivalent to service. If personal service cannot be made upon the
defendant the municipal judge shall give notice to the defendant by
posting a copy of the summons at some conspicuous place on the property
where the nuisance is maintained and by publishing such summons for
two consecutive weeks in the official newspaper of the City at least
twenty days before the date set for the hearing.
E.
At the arraignment or upon completion of the trial, the municipal court shall determine whether the defendant has caused, permitted or maintained a nuisance If so, the municipal judge shall ascertain and determine the legal description of the property upon which the nuisance is situated and shall order the defendant to abate and remove the nuisance by a date certain as determined by the judge and shall make a minute entry of such order on the docket in the proceedings before him. In addition, the municipal judge may impose a penalty on the defendant as provided by section 14-11.
A.
If the municipal judge shall find and recommend that
the condition complained of constitutes a nuisance as defined in this
chapter and should be removed and abated, a notice forthwith shall
be given by him to the owner or occupant, containing a description
of the condition found to be a nuisance, and upon what lot and block
it is situate or erected, requiring the abatement and removal of the
same within ten days of the service of such notice, in person, to
remove, destroy and abate such condition so declared to be a nuisance.
B.
Upon failure, neglect or refusal of the owner or occupant
of such premises and the property constituting such nuisance to remove
and abate the same under the terms of the notice, and within the prescribed
time set by the municipal judge, the municipal judge shall, without
further proceedings, order and direct the police officers or other
employees of the City to abate or cause to be abated and remove the
property constituting such nuisance to a suitable storage area designated
by the chief of police or any police officer of the City, all at the
expense of the owner or occupant or person in charge thereof. Such
order shall be final and conclusive as against all persons. The police
officer or other employee of the City shall thereupon proceed to tear
down, destroy, remove and abate such nuisance and condition, and use
all reasonable means and force to do so, and shall keep a just and
accurate account of the expense thereof and return it to the City
clerk to be presented to the City council for further action thereon.
The City council at a regular meeting shall
consider the expense of the abatement by the City of a nuisance and
by resolution finally determine the actual cost of removal and abatement
and all costs and assess the same against the lot and block from which
such nuisance and construction was removed, and fine the amount charged
against the same, which shall be a "yea" and "nay" vote and spread
at length upon the minutes, and shall thereupon declare any amount
so found due a special assessment, which shall be levied and assessed
as such and be collected in like manner as any other City taxes. The
City clerk shall, in the manner prescribed by law, initiate further
proceedings as required by law for the collection thereof as a City
tax.
Whenever any nuisance shall be found in any
premises or elsewhere within the City, contrary to any provision of
this Code or any other ordinance, the mayor, in his discretion, is
hereby authorized to cause the same to be summarily abated in such
manner as he may direct.
[Amended by Ord. No. 81-41; Ord. No. 3-15]
A person who causes, keeps, permits or maintains a nuisance as defined by this chapter, or who obstructs in any manner the abatement of a nuisance or who fails or refuses to abate a nuisance after being ordered to do so by the municipal court, has committed a misdemeanor and may be fined and sentenced to jail as provided by section 1-5 of the City Code.
[Added 12-15-2009 by Ord. No. 09-07]
The abatement of weed and grass nuisances may be abated in accordance
with the procedures set forth in this article. The Nuisance Officers
appointed by the Mayor shall have the authority to abate weed and
grass nuisances as set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes native and non-native weeds, grasses, and other
plant materials that are purposefully managed by the property owner
or occupant of the property as part of a coordinated landscape plan
for the entire property, which includes an existing residential use.
Natural landscaping may be managed for aesthetic considerations or
to promote wildlife habitat considerations.
Grass that is customarily used for ornamental purposes and
which has been incorporated into the landscaping of the property.
The owner of record as shown in any record of the City or
county or any agent or representative of such owner and any person
entitled to possession or use of the premises by virtue of a lease,
easement or other right.
A lot or parcel of land devoted to a residential use or zoned
for residential use and which is located on an improved, dedicated
City street. The property shall consist of the lot or parcel plus
the area to the center of any alley abutting the lot or parcel and
the sidewalk, parking strip, curb, gutter and parking area of the
improved street abutting the lot or parcel of land.
The plants designated as noxious by the Wyoming Weed and
Pest Control Act and Wyoming Seed Law, W.S. § 11-5-102 and
11-12-104 and/or by the Uinta County Weed and Pest District.
A.
The purpose of an article regulating the maintenance of weeds and
grasses on property in residential zoning districts is to promote
the integrity of residential neighborhoods; to promote firesafety
by creating defensible open space between developed property and vacant
property; and to promote the general health, safety and welfare of
the inhabitants in the City.
B.
Weeds and grasses that are not purposefully maintained can provide
an environment for mice, rodents and other vermin which can potentially
transmit diseases to humans; can collect litter and other wind blown
trash which can potentially pose a fire hazard; can become unsightly
which can potentially have a negative impact to neighborhood aesthetics
and property values; can spread to adjacent properties, which can
pose potential maintenance hardships; and can become an attractive
nuisance, which can cause public safety considerations.
A.
No owner or occupant of property shall permit weeds and grasses to
grow upon such property to a height of more than 12 inches.
B.
This section shall not apply to ornamental grass so long as it is
used to supplement the property's overall landscaped area and
does not constitute in square footage more than 20% of the property's
overall landscaped area.
C.
This section shall also not apply to natural landscaping located
on residential lots or parcels which exceed one acre in size and which
is set back from the property line of the lot or parcel at least 10
feet.
D.
This section shall not apply to undeveloped property located at the
end of a stub or dead-end street.
Each year the Mayor may designate a police officer or other
City employee who shall act as the Nuisance Officer to abate weeds
and grasses as provided in this article.
A.
A notice to abate a weed or grass nuisance shall be sent by regular
mail to each owner and/or occupant. If such information cannot become
known to the City through the exercise of reasonable efforts, then
notice shall be posted on any land which a nuisance is discovered
to exist. The notice shall include the following information:
(1)
Citation of applicable provisions of the City Code;
(2)
Nature of violation;
(3)
Legal description or street address for property in violation;
(4)
Proper methods of abatement;
(5)
Requirement to comply within 10 days of issue of notice or posting;
(6)
A statement that if the nuisance is not abated within the time limit
stated in the notice to abate, the City may abate the nuisance or
issue an "authorization to abate nuisance" to an abatement contractor,
who shall proceed to abate the nuisance.
(7)
The name, signature, telephone number and title of posting or issuing
official.
B.
Extensions for nuisance abatement will be considered by the Nuisance
Officer upon receipt of written request for extension. The written
request must be submitted prior to the abatement deadline.
If the owner and/or the occupant of property within the City
should fail to abate the weed and grass nuisance within the time limit
stated in the notice to abate, the City may abate the nuisance or
issue an "authorization to abate nuisance" to an abatement contractor,
who shall proceed to abate the nuisance.
After a nuisance abatement by the City or authorized contractor,
the officer shall complete a statement of costs. For purposes of the
section, "abatement" shall include any action undertaken by the Nuisance
Officer or authorized contractor to achieve a nuisance abatement.
Such statement shall include the cost of the abatement, costs involved
in the notice and/or posting of the property, plus an administrative
fee in the amount not to exceed 50% of the abatement costs. The Nuisance
Officer shall notify the owner and/or the occupant of the property
involved by certified mail, return receipt requested, of the costs
being assessed. The Nuisance Officer shall further give notice that,
unless payment of the costs is made within 30 days after notification,
the City will take appropriate action to collect the same, including
but not limited to referral to a collection agency and reducing the
costs to judgment.
A.
In addition to the authority to abate a weed and grass nuisance as provided by this article, the City shall have the option to abate the nuisance through municipal court as set forth in § 14-7.
B.
It shall be a misdemeanor for any person to fail, refuse or neglect
to abate a weed and grass nuisance within the time specified in the
notice to abate issued pursuant to this article.
