§ 14-7. Abatement proceedings— Generally; citation, complaint; summons; hearing., Article I. Prohibited Acts; Specific Nuisances Enumerated; Abatement Proceedings, Chapter 14. Nuisances Generally, Code of the City of Evanston, Wyoming, Code of Ordinances, Evanston

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.

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.

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.

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.

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.