Town holds public hearing for nuisance property violation appeal

At the April 2 Thermopolis Town Council board meeting held at Town Hall, Mayor Adam Estenson and the council held a public hearing at the request of property owner Allen Webber, from Casper, for an appeal to a nuisance violation for 117 Fremont Street. Webber did not appear for his requested public hearing. An unidentified subject attempted to represent the property owner. This subject was later identified by town officials as property tenant Paul Mathewson. However, Mayor Estenson said, “I don’t have any documentation stating that you would be representing him. I need Mr. Allen Weber to be here tonight. Is Mr. Allen Weber here?” No one answered. Mayor Estenson continued and said, “Mr. Allen Weber has not shown up here tonight. He will waive his right to a public hearing. However, we will still need to determine if the property rises to the level of a nuisance.”

Town Attorney Marshall Keller called multiple witnesses who were sworn in by Mayor Estenson. The witnesses who testified were Chief of Police Pat Cornwell, Nuisance Officer Grace Wagstaff, and Codes Administration/Assistant to the Mayor Jim Jeunehomme. Chief Cornwell and Officer Wagstaff provided a detailed timeline of the nuisance issues of the property, starting in October 2022 until the current time. There were multiple attempts to contact the property owner through the use of phone calls, in-person attempts, certified letters, and other methods. 

According to information presented during the meeting, the property contains piles of junk, scrap metal, abandoned vehicles, appliances, tires, cardboard, wood, shingles, a bus, an RV, multiple lawnmowers, and other various items. Some of the complaints given were about leaking oil into the soil and that there were skunks and vermin present on the property.

Officer Wagstaff provided 17 photos, giving visual evidence of these items from drone shots and ground-level photography. The photos presented were from different times, from when the original complaints were documented to photos of a day before the public hearing for the appeal. According to Officer Wagstaff, some of the items were shuffled around or re-piled but still were present on the property as a nuisance.

Several neighbors of the property also provided testimony of the nuisance issues. One neighbor testified that her real estate agent said her property’s value had decreased due to nuisance issues at 117 Fremont Street. 

Codes Administration/Assistant to the Mayor Jim Jeunehomme also testified and read into the record the definition of a nuisance and answered questions from Keller.

Mayor Estenson then asked the council if they had questions. The definition of what is an appliance was discussed and one council member asked if there were gas cans on the property that could be a fire hazard. Officer Wagstaff said she wasn’t sure if there were, as she was not able to get close enough to see. The council also discussed that the property owner has not responded to the multiple attempts to address the nuisance issue. 

Mayor Estenson and the council went through a checklist to determine if the property was a nuisance or not based on the definition given in the nuisance ordinance. After reviewing all council members and the Mayor’s checklists, they unanimously determined that the property owner, Allen Weber, violated the nuisance ordinance. 

The council voted and passed the approval to set the abatement date for April 15 to enforce the cleanup of the property. The council also voted and passed the approval to assess fees to the property owner, which will be determined at another council meeting. These fees may include abatement fees, attorney fees, and police department fees. 

Mayor Estenson concluded the public hearing by saying, “This is not the first go around with this property, is my understanding. I think this is absolutely appropriate because, ultimately, the abatement of this property is for the health and well-being, first and foremost, of neighboring properties, and it is about property value. We decide to live inside an incorporated town limits, and we agree essentially by doing so, that we’re going to adhere to the ordinances that are on the book. There are mechanisms to change that. That’s obviously in our purview too, but that’s what we’re agreeing to. And, as this process plays out, if the property owner is not holding to their end of the bargain. This is the process that we go through. So, anyway, I think the specificity is appropriate for this.”

During citizen participation, Jeb Schenck, representing the Big Horn Basin Nature and Discovery Center (BHBNDC) presented a request for a letter of support for their TAP Grant for construction on their site. The grant is for $520,000 and includes a 9.51% match. Schenck said that they have approximately $41,000 already raised for the match and would do a fundraiser to reach the $49,450 total needed. The BHBNDC board applied for this grant in the previous year but did not get awarded. The council voted and passed the approval to sign the letter of support.

Town Engineer Anthony Barnett reported that they received the sanctuary survey and there were a couple of items of concern. Barnett discussed the use of fluoride in the water plant and its potential dangers, and the amount of incoming water from upstream and outgoing water from the water plant basically contains the same amount of fluoride after being treated. This issue was brought up during the recent inspection. 

Councilmember Dusty Lewis also informed the council about some bike loop trails being explored with a possible new trailhead north of town. He also discussed the 8th Street boat ramp improvements.