§ 95.05 PERSONS LIABLE.

   Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property, created by a former owner, is liable therefor in the same manner as the person who first created it.

(Prior Code, § 4-3-5)

§ 95.06 LAPSE OF TIME; EFFECT.

   No lapse of time can legalize a public nuisance amounting to an actual obstruction of the public right.

(Prior Code, § 4-3-6)

§ 95.07 REMEDIAL ACTION.

   (A)   Public nuisances. The remedies against a public nuisance are:

      (1)   Prosecution on complaint before the Municipal Court;

      (2)   Civil action; or

      (3)   Abatement:

         (a)   By the person injured as provided in 50 O.S. § 12; or

         (b)   By the town in accordance with law or ordinance.

   (B)   Private nuisances. The remedies against a private nuisance are:

      (1)   Civil action; or

      (2)   Abatement:

         (a)   By the person injured as provided in 50 O.S. §§ 14 and 15; or

         (b)   By the town in accordance with law or ordinance.

(Prior Code, § 4-3-7)

§ 95.08 PUBLIC NUISANCE ABATEMENT.

   (A)   Removal of nuisance condition; authority. Pursuant to authority granted by 63 O.S. § 1-1011, the town shall have the authority to order the owner or occupant of any private premises in the town to remove from such premises, at his or her own expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within 24 hours, or within such other time as may be reasonable.

   (B)   Nature and service of order. Such order shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, by the town or by a police officer, or a copy thereof may be left at the last usual place of abode of the owner, occupant or agent, if known and within the state. If the premises are unoccupied and the residence of the owner, occupant or agent is unknown or is outside the state, the order may be served by posting a copy thereof on the premises or by publication in at least one issue of a newspaper having a general circulation in the town.

   (C)   Abatement by town; costs. If the order is not complied with, the town may cause the order to be executed and complied with, and the cost thereof shall be certified and the cost of removing or abating such nuisance shall be charged to the owner or occupant, enforceable as a lien or any other method allowed by law or ordinance.

(Prior Code, § 4-3-8)

§ 95.09 SUMMARY ABATEMENT OF NUISANCES.

   (A)   Dangerous condition; immediate action required. Some nuisances are of such nature 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. It is recognized that circumstances may be such as to justify, and even to require, the town or other appropriate officer or agency of the town 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)   Statement of nuisance; recommended abatement. An officer of the town may submit a statement as to the existence of a nuisance as defined by the ordinances of the town or law, and a request or recommendation that it be abated.

   (C)   Determination of nuisance existence; notice and abatement.

      (1)   The town or its designee shall determine if a nuisance exists as defined by the ordinances of the town or law. If a nuisance does in fact exist, town personnel shall direct the owner or other persons responsible for or causing the nuisance:

         (a)   By certified mail; or

         (b)   By publication, if the owner cannot be so served or found, to abate the nuisance within a specified time if the peace, health, safety, morals or welfare of the person or persons or public adversely affected would not be unduly jeopardized by the consequent delay.

      (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 town to abate the nuisance, the town 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. The town 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 town collectible as other debts may be collected.

   (D)   Appeals. The determination of the existence of a nuisance and order to abate it, as made by the town, may be appealed by the occupant or owner or person causing the nuisance by filing a request for hearing in writing with the town within the period of time specified in the notice for abatement of the nuisance. The town’s Clerk-Treasurer shall cause the matter to be placed on the agenda of the town’s Board of Trustees for final determination with appropriate notice of the hearing provided to the person requesting the appeal.

(Prior Code, § 4-3-9)

§ 95.10 ABATEMENT BY SUIT IN DISTRICT COURT.

   In cases where it is deemed impractical to summarily abate a nuisance, the town may bring suit in the district court.

(Prior Code, § 4-3-10)

§ 95.11 CITIZEN RIGHTS NOT JEOPARDIZED.

   Nothing herein contained shall be construed to abridge the rights of citizens of the town to bring and maintain actions in the proper courts for the abatement of private nuisances or those specially injurious to them.

(Prior Code, § 4-3-11)