(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 municipal court clerk within ten (10) calendar days from the date of delivery 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 or junk.
(B) In the event of a public nuisance as defined in section 94.02 of this chapter of which notice has been given, and which remains unabated for more than fifteen (15) calendar days after delivery, the town special municipal officer, peace officer or their designee is granted authority to abate, remove or cause the removal of the nuisance; provided however, that if a proper request for hearing is filed, abatement shall only proceed upon order of the municipal court judge or hearing examiner.
(C) In the event a request for hearing is filed as provided, a hearing shall be held before a hearing examiner or municipal judge designated by the governing body. 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 ten (10) calendar days in advance of the hearing to the requesting parties and the town attorney.
(D) At such hearing, all parties and the town 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 shall be excluded; and the decision of the hearing examiner shall be based upon the evidence submitted at the hearing. The hearing examiner shall allow evidence according to the rules generally applicable to contest case hearing under the Wyoming administrative procedure act.
(E) At or after such hearing, and in the event of confirmation that a public nuisance exists, the municipal court may resolve or order that the town and/or employee or agents remove or otherwise abate the nuisance; provided, however, that if the circumstances justify, in the opinion of the municipal court, the time for abatement may be delayed. In the event a nuisance is confirmed, administrative removal costs may also 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 municipal court 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 provisions of Wyoming Statutes section 16-3-114.
(Ord. 2023-12, 1-9-2024)