Bill No.: SF0027                  Drafter:  LGC

LSO No.:  08LSO-0242              Effective Date:  7/1/2008

Enrolled Act No.:  <enrnum>

Chapter No.:       <chptnum>

Prime Sponsor:     Senator Ross

Catch Title:       County nuisance abatement authority.

Subject:            Allows boards of county commissioners to pass a resolution establishing standards for when a site can be declared a nuisance.

Summary/Major Elements:

· The act gives boards of county commissioners authority to pass resolutions establishing standards for when a site can be declared a nuisance.

· The resolution may not regulate any permitted industrial facility or any use of occupancy reasonably necessary to the extraction or production of mineral resources.  The resolution may not be construed to impair or modify any rights afforded under the Wyoming Right to Farm and Ranch Act.

· Violation of a resolution is punishable by a fine of $100 for each day until the offender submits an acceptable plan to abate the nuisance.

· The act provides a process whereby a board of county commissioners may issue an order declaring a property to be a nuisance.  The order must be filed with the district court and the landowner has twenty days to file an answer.  If no answer is filed the court shall affirm the order and fix a time when the order may be enforced.  If an answer is filed the court must hold a hearing within twenty days of the answer to determine if the order is sustainable.  The court's decision may be appealed as provided in the rules of appellate procedure.

Comment:  Final action on this bill was not taken at the time this summary was prepared.  Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.