(A) (1) Some nuisances are of such a nature so as to constitute a grave and immediate danger to the peace, health, safety, morals or welfare of one or more persons or of the public generally.
(2) It is recognized that circumstances may be such so as to justify, and even to require, the city or other appropriate officer or agency of the city government to take immediate and proper action summarily to abate such nuisances or to reduce or suspend the danger until more deliberate action can be taken toward such abatement.
(B) An officer of the city may submit a statement as to the existence of a nuisance as defined by the ordinances of the city or law, and a request or recommendation that it be abated.
(C) (1) The city, or its designee, shall determine if a nuisance exists as defined by the ordinances of the city or law. If a nuisance does in fact exist, then city personnel shall direct the owner or other persons responsible for or causing the nuisance to abate the nuisance within a specified time, if the peace, health, safety, morals or welfare of the person or persons or the public adversely affected would not be unduly jeopardized by the consequent delay, by:
(a) Mailing of notice by the city, with a receipt of mailing being obtained from the U.S. post office, said receipt showing the date of mailing and the name and address of the mailee. Said receipt of mailing shall be properly kept in the records of the city to prove that such mailing was accomplished;
(b) Posting notice on the property in question in a prominent place if the address of said property owner cannot be obtained, or again if the address cannot be obtained; and
(c) Publication in a newspaper in general circulation within the community for one time not less than ten days prior to any action or hearing by the city.
(2) If such peace, health, safety, morals or welfare would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, or if the persons responsible authorize the city to abate the nuisance, then the city shall direct the appropriate officer to abate the nuisance or have it abated, if summary abatement is practical, as authorized by 50 O.S. § 16.
(3) The city shall send a statement of the cost of such summary abatement to the owner or other persons responsible for or causing the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the city, collectible as other debts may be collected.
(D) The determination of the existence of a nuisance and order to abate it, as made by the city, may be appealed by the occupant or owner or person causing the nuisance by filing a request for hearing in writing with the city within the period of time specified in the notice for abatement of the nuisance. The City Clerk shall cause the matter to be placed on the agenda of the City Council for final determination, with appropriate notice of the hearing provided to the person requesting the appeal.
(Prior Code, § 8-109) (Ord. 2008-04, passed 7-7-2008)
Statutory reference:
Related provisions, see 50 O.S. § 16