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S.F. No. 0027 |
County nuisance abatement authority. |
Sponsored By: Senator(s) Ross and Representative(s) Illoway and Samuelson
AN ACT relating to counties; providing for regulation of nuisances by counties; and providing for an effective date.
1/4/2008 Bill Number Assigned
2/11/2008 S Received for Introduction
2/12/2008 S Introduced and Referred to S01
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Massie, Mockler, Perkins, Peterson, Ross, Schiffer, Sessions and Von Flatern
Nays: Senator(s) Bebout, Larson, Meier, Nicholas, Scott, Townsend and Vasey
Ayes 23 Nays 7 Excused 0 Absent 0 Conflicts 0
2/15/2008 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Decaria, Perkins, Ross and Sessions
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/15/2008 S Placed on General File
SF0027SS001/ADOPTED
Page 2-line 2 After "nuisances" insert "which the commission determines to be a threat to health or safety".
Page 2-line 11 After "offense." insert "For the purposes of this paragraph, ongoing oil and gas development and mining at the location of their operations shall not be considered a nuisance.".
Page 3-line 3 Delete "of any".
Page 3-line 4 Delete "kind of character" insert "which the commission determines to be a threat to health or safety". ROSS, CHAIRMAN
SF0027SW001/ADOPTED
Page 2-line 11 After "offense." and after the Senate Standing Committee Amendment (SF0027SS001/A) to this line, insert: "Nothing in this paragraph shall be construed to impair or modify any rights afforded to farm or ranch operations pursuant to the Wyoming Right to Farm and Ranch Act.". ROSS
2/21/2008 S Passed CoW
2/22/2008 S Passed 2nd Reading
2/25/2008 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Bebout, Burns, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Case
Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0
2/26/2008 H Received for Introduction
2/26/2008 H Introduced and Referred to H05
2/28/2008 H05 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Brechtel, Diercks, Edmonds, Samuelson, Semlek, Teeters, Wallis and Zwonitzer, Dn.
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/28/2008 H Placed on General File
SF0027HW001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 13 After "paragraph," insert "permitted industrial facilities,". ILLOWAY, MARTIN, SAMUELSON, SEMLEK
2/29/2008 H Passed CoW
3/3/2008 H Laid Back Pursuant to HR 9-3
SF0027H2001/FAILED (TO ENGROSSED COPY)
Page 2-line 4 Before "." insert ", including, but not limited to all acts regulated under W.S. 33-5-101 through 33-5-117". SAMUELSON
SF0027H2002/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Delete the Illoway, et al. committee of the whole amendment (SF0027HW001/AE) entirely.
Further amend the engrossed copy as follows:
Page 2-lines 13 and 14 Delete entirely.
Page 2-line 15 Delete the line through "nuisance." insert "No resolution issued pursuant to this paragraph shall regulate any permitted industrial facility or use or occupancy reasonably necessary to the extraction or production of the mineral resources.". MILLER, SAMUELSON, THRONE
SF0027H2004/ADOPTED (TO ENGROSSED COPY)
Page 2-line 12 Delete the line through "($750.00)" insert "one hundred dollars ($100.00)"; After "offense." insert "Each day shall constitute a separate violation until the offender submits a plan to abate the nuisance that is accepted by the board of county commissioners.". LUBNAU, SAMUELSON
SF0027H2005/ADOPTED (TO ENGROSSED COPY)
Delete the Brown second reading amendment (SF0027H2003/AE) entirely.
Further amend the engrossed copy as follows:
Page 1-line 2 After "counties;" insert "providing procedures for declaring a nuisance; providing for resolutions establishing standards;".
Page 1-After line 4 Insert:
"Section 1. W.S. 18-2-115 is created to read:
18-2-115. Nuisance abatement; procedures.
(a) A board of county commissioners shall, by resolution, establish standards for determining when a site may be declared a nuisance under W.S. 18-2-101(a)(viii).
(b) A board of county commissioners may issue an order declaring a property to be a nuisance under W.S. 18-2-101(a)(viii) and shall provide written notice to the owner or occupant of the property describing with specificity the nature of the nuisance and the steps required for abatement. The order shall be in writing, shall state the grounds for the order and shall be filed in the office of the clerk of the district court of the county in which the property is situated. A copy of the order shall be served in accordance with the Wyoming Rules of Civil Procedure upon the owner or occupant with a written notice that the order has been filed and shall remain in force, unless the owner or occupant files his objections or answer with the clerk of the district court within twenty (20) days. A copy of the order shall be posted in a conspicuous place upon the property.
(c) Within twenty (20) days of service of an order issued under subsection (b) of this section, the owner or occupant may file with the clerk of the district court and serve upon the board of county commissioners issuing the order, an answer denying the existence of any of the allegations in the order. If no answer is filed and served, the court shall affirm the order declaring the site a nuisance and fix a time when the order shall be enforced. If an answer is filed and served, the court shall hear and determine the issues raised as set forth in subsection (d) of this section.
(d) The court shall order a hearing within twenty (20) days from the date of the filing of the answer. If the court sustains all or any part of the order, the court shall fix a time within which all any part of the order so sustained shall be enforced. Otherwise, the court shall annul or set aside any portion of the order declaring the property to be a nuisance not sustained.
(e) An appeal from the judgment of the district court may be taken by any party to the proceeding in accordance with the Wyoming Rules of Appellate Procedure.".
Page 1-line 6 Delete "Section 1" insert "Section 2".
Page 2-line 4 Delete "through resolution" insert "as provided in W.S. 18-2-115".
Page 2-line 6 Delete "this".
Page 2-line 7 Delete "paragraph." insert "W.S. 18-2-115(a)."; delete balance of the line.
Page 2-lines 8 and 9 Delete entirely.
Page 2-line 10 Delete the line through "abatement.".
Page 2-line 11 Delete "this paragraph" insert "W.S. 18-2-115(a)".
Page 3-line 15 Delete "2." insert "3.". SIMPSON
3/4/2008 H Passed 2nd Reading
3/5/2008 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brown, Buchanan, Childers, Cohee, Craft, Diercks, Edmonds, Edwards, Esquibel, F., Esquibel, K., Goggles, Hales, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Millin, Petersen, Samuelson, Simpson, Slater, Thompson, Throne, Warren, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Davison, Dockstader, Gilmore, Gingery, Hallinan, Jones, Miller, Olsen, Philp, Quarberg, Semlek, Shepperson, Steward, Stubson, Teeters, Wallis and White
Ayes 42 Nays 18 Excused 0 Absent 0 Conflicts 0
3/6/2008 S Did Not Concur
ROLL CALL
Nays: Senator(s) Anderson, J., Aullman, Bebout, Burns, Case, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Coe and Larson
Ayes 0 Nays 28 Excused 2 Absent 0 Conflicts 0
3/6/2008 S Appointed JCC01 Members
Senator(s) Ross, Bebout, Perkins
3/6/2008 H Appointed JCC01 Members
Representative(s) Stubson, Illoway, Throne
3/7/2008 S Adopted SF0027JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Bebout, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Landen, Larsom, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Ayes 30 Nays 0 Excused 2 Absent 0 Conflicts 0
3/7/2008 H Adopted SF0027JC01
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Blake, Brechtel, Brown, Buchanan, Cohee, Craft, Diercks, Dockstader, Edmonds, Edwards, Esquibel, K., Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Petersen, Philp, Samuelson, Semlek, Shepperson, Simpson, Slater, Stubson, Teeters, Thompson, Throne, Wallis, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Olsen, Quarberg and Steward
Excused: Representative(s) Berger, Childers, Davison, Esquibel, F. and Gilmore
Ayes 52 Nays 3 Excused 5 Absent 0 Conflicts 0
SF0027JC01/AA ADOPTED (TO ENGROSSED COPY)
Delete the following House amendments:
SF0027H2002/ACE
SF0027H2004/AE
SF0027H2005/AE
SF0027HW001/AE
Further amend the ENGROSSED COPY as follows:
Page 1-line 2 After "counties;" insert "providing procedures for declaring a nuisance; providing for resolutions establishing standards;".
Page 1-After line 4 Insert and renumber:
"Section 1. W.S. 18-2-115 is created to read:
18-2-115. Nuisance abatement; procedures.
(a) A board of county commissioners shall, by resolution, establish standards for determining when a site may be declared a nuisance under W.S. 18-2-101(a)(viii).
(b) A board of county commissioners may issue an order declaring a property to be a nuisance under W.S. 18-2-101(a)(vii) and shall provide written notice to the owner or occupant of the property describing with specificity the nature of the nuisance and the steps required for abatement. The order shall be in writing, shall state the grounds for the order and shall be filed in the office of the clerk of the district court of the county in which the property is situated. A copy of the order shall be served in accordance with the Wyoming Rules of Civil Procedure upon the owner or occupant with a written notice that the order has been filed and shall remain in force, unless the owner or occupant files his objections or answer with the clerk of the district court within twenty (20) days. A copy of the order shall be posted in a conspicuous place upon the property.
(c) Within twenty (20) days of service of an order issued under subsection (b) of this section, the owner or occupant may file with the clerk of the district court and serve upon the board of county commissioners issuing the order, an answer denying the existence of any of the allegations in the order. If no answer is filed and served, the order shall become a final order declaring the site a nuisance and fix a time when the order shall be enforced. If an answer is filed and served, the court shall hear and determine the issues raised as set forth in subsection (d) of this section.
(d) The court shall hold a hearing within twenty (20) days from the date of the filing of the answer. If the court sustains all or any part of the order, the court shall issue a final order and fix a time within which all or any part of the final order shall be enforced.
(e) An appeal from the judgment or final order of the district court may be taken by any party to the proceeding in accordance with the Wyoming Rules of Appellate Procedure.".
Page 1-line 6 Delete "1" insert "2".
Page 2-line 4 Delete "through resolution" insert "as provided in W.S. 18-2-115".
Page 2-line 5 Delete "resolution" insert "final order issued pursuant to W.S. 18-2-115.".
Page 2-line 6 Delete.
Page 2-line 7 Delete "paragraph.".
Page 2-line 10 After "Whoever" delete balance of line and insert "fails to comply with a final order shall be assessed a civil penalty of up to one hundred dollars ($100.00) per day for each day the violation continues.".
Page 2-lines 11 through 14 Delete.
Page 2-line 15 Delete through "nuisance." insert "No resolution issued pursuant to this paragraph shall regulate any permitted industrial facility or oil and gas or mining operations necessary to the extraction, production or exploration of the mineral resources.".
Page 3-line 15 Delete "2" insert "3". ROSS, BEBOUT, PERKINS, STUBSON, ILLOWAY, THRONE.
3/7/2008 Assigned Number SEA No. 0061
3/7/2008 S President Signed SEA No. 0061
3/7/2008 H Speaker Signed SEA No. 0061
3/12/2008 Governor Signed SEA No. 0061
3/12/2008 Assigned Chapter Number
Chapter No. 0081 Session Laws of Wyoming 2008.