Chapter 8.05
REFUSE, GARBAGE AND WEEDS
Sections:
8.05.020 Maintenance of premises – Generally.
8.05.030 Maintenance of premises – Violations of chapter – Issuance of written notice.
8.05.050 Containers – Required.
8.05.060 Containers – Placement for collection.
8.05.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Abandoned Vehicle. A vehicle upon private property is an abandoned vehicle:
(1) When any of the four tires of the main wheels of such vehicle have been removed or are deflated, other than for repair.
(2) When any of the main wheels of the vehicle have been removed, other than for repair.
(3) When such vehicle is totally or partially suspended above the ground by jacks, blocks or any other lifting devices, other than for repair.
(4) When current license plates or valid temporary permits are not displayed on such vehicle; provided, that this shall not apply to vehicles in the possession of licensed dealers for the purpose of sale at the place licensed for such sale.
(5) When any part of the mechanism of the vehicle has been removed so as to render the vehicle inoperable, other than for repair.
For state law on abandoned vehicles, see WS, 1977, 31-13-101.
“Garbage” means wastes resulting from the handling, preparation, cooking or consumption of foods; wastes from the handling, storage and sale of produce; any other matter whatsoever that may decompose and become foul, offensive, unsanitary or dangerous to health.
“Refuse” means combustible and noncombustible discarded materials including, but not limited to, paper, wood, glass, metal and cloth products, yard trimmings, tree branches, furniture, bedding, building materials, leaves, ashes and solid wastes resulting from industrial and manufacturing processes. [1996 Code § 17-1.]
8.05.020 Maintenance of premises – Generally.
The following international code, supplements, and amendments thereto are hereby adopted by reference as provided by WS, 1977, 15-1-119 (Lexis/Nexis 2017 as amended), except those portions of such code as amended, modified, added, or deleted below and the provisions thereof shall be controlling within the town.
(a) The International Property Maintenance Code, 2021 Edition, is hereby adopted by reference as if the same were fully set forth herein.
(1) 2021 International Property Maintenance Code.
a. Section 101.1. Insert: [Town of Wheatland].
b. Section 103.1. Insert: [Building & Life Safety Department].
c. Section 107.1. Shall read as follows:
In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to conditions described in Section 111, and Section 113, the Town of Wheatland Board of Adjustment shall be the board of appeals for this code. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. All other orders, decisions or determinations made by the code official shall be appealed before the Municipal Judge and the judge shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.
d. Section 109.3. See WMC 8.05.030 for additional procedural policy.
e. Section 302.4. Insert: [8 inches].
f. Section 302.8. See WMC 8.05.010 “Abandoned Vehicle.”
g. Section 304.14. Insert: “From [March 15th] to [November 15th].”
h. Section 308. Shall be deleted in its entirety. See WMC 8.05.050 and 8.05.060.
i. Section 602.3. Insert: “From [January 1st] to [December 31st].”
j. Section 602.4. Insert: “From [January 1st] to [December 31st].” [Ord. 842, 2023; Ord. 559 § 1, 1983; Ord. 453 § 1, 1977. 1996 Code § 17-2.]
8.05.030 Maintenance of premises – Violations of chapter – Issuance of written notice.
Notices of violation according to IPMC 2021 Section 111.4 shall be issued at the code official’s discretion or when a written complaint is filed by a citizen of the town of Wheatland.
(a) Time allowed for correction of violations shall be as follows. All times given shall be from the date the notice of violation was issued. Variances to the times listed below may be granted by the code official if extenuating circumstances are presented.
(1) Unmown grass, weeds, garbage, and refuse violations shall be given 14 days to correct the violation with the right to appeal to the municipal court session noted on the notice of violation.
(2) Unkept buildings, fences, and rodent or insect pest violations shall be given 30 days to correct the violation with the right to appeal to the municipal court session noted on the notice of violation.
(3) If a building is found unfit for occupancy, the owner shall have three months to correct the violations or vacate the property with the right to appeal to the board of adjustment session noted on the notice of violation.
(4) If an accessory building is condemned, the owner shall have three months to demo the building and terminate all utilities as required by the town of Wheatland, or complete all repairs required by the code official with the right to appeal to the board of adjustment session noted on the notice of violation.
(5) If a primary dwelling or commercial building is condemned, the owner shall have 12 months to demo the building and terminate all utilities as required by the town of Wheatland or begin substantial repairs as required by the code official with the right to appeal to the board of adjustment session noted on the notice of violation.
(b) If a defendant fails to comply with a notice of violation, the appropriate proceeding shall be as follows:
(1) If a violation is relative to the conditions described in IPMC Section 111 or Section 113, the code official shall proceed with the required steps to correct the violation according to IPMC Sections 109.4, 109.5, 112, and 113.3 regarding the best interest of the town.
(2) All other violations shall be served with a municipal development code citation summoning the defendant before the municipal judge and every effort shall be made to gain compliance before implementing compulsory compliance. [Ord. 842, 2023; Ord. 656, 1996. 1996 Code § 17-3.]
8.05.040 Reserved.
[Ord. 842, 2023; amended during August 1984 supplementation; Ord. 453 § 3, 1977. 1996 Code § 17-4.]
8.05.050 Containers – Required.
(a) All garbage and refuse containers will be furnished by the town.
(b) The following items are prohibited from being placed in garbage and refuse containers:
Tree limbs/yard/green waste;
Construction debris and waste;
Hazardous waste;
Air conditioners;
Dead animals (fish and wild game, skinned and gutted, will be accepted);
Appliances;
Concrete;
Furniture;
Batteries;
Shingles;
Asphalt;
Engines;
Carpet;
Tires;
Paint;
Ashes;
Metal;
Mattresses;
Anything in trash cans over four feet in length.
In the event the above items are placed in the garbage/refuse container the container will not be picked up and dumped by the town until such items have been removed.
(c) The town currently provides roll-off containers at certain locations throughout the town for collection of green waste only. Green waste includes grass clippings, leaves, small tree limbs, and bushes. All other items are prohibited from being placed in the roll-off containers. Anyone caught dumping items, other than green waste, may be fined up to $750.00 per incident.
(d) The sanitation supervisor, at his discretion, may prohibit other items from being placed in the garbage and refuse containers. [Ord. 823, 2019; Ord. 547 § 1, 1982; Ord. 405, 1976. 1996 Code § 17-5. Prior Code § 20-107.]
8.05.060 Containers – Placement for collection.
All containers shall be placed at the rear of the premises near the alley where they are used and at a place easily accessible to the garbage collector. Where premises have no alley all containers shall be placed in a nearby alley or on a street easily accessible to the garbage collector and in no event shall any garbage collector be required to go upon private property for the purpose of collecting garbage, or removing such containers. [Ord. 405, 1976. 1996 Code § 17-6. Prior Code § 20-107.]
8.05.070 Fees.
The fees to be charged for the removal of garbage and refuse shall be as established by the town council from time to time. [1996 Code § 17-7.]
8.05.080 Tree trimmings.
Any person who shall trim trees on any property within the town shall be responsible for the removal, from the streets, alleys and other public ways of the town, of all trash, limbs and other debris created by such trimming. [Ord. 451, 1977. 1996 Code § 17-8.]