(A) (1) 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 Board of Trustees or other appropriate officer or agency of the town government to take immediate and proper action to summarily abate such nuisances or to reduce or suspend the danger until more deliberate action can be taken toward such abatement.
(2) An officer subordinate to the Town Board of Trustees may submit to the Town Board of Trustees 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. Any Board member or any resident or residents of the town may submit such a statement and request a recommendation to the Town Board of Trustees.
(3) The Town Board of Trustees, or its designee, shall determine whether or not the alleged nuisance is a nuisance in fact. Before proceeding to abate the nuisance or have it abated, the Board shall give notice of a hearing on the proposed abatement to the owner of any property concerned and to any other person alleged or deemed responsible for, or to be causing, the nuisance and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. The notice to the owner and other persons concerned shall be given in writing by mail or by service by a police officer if their names and addresses are known; but, if the names or addresses are not known, and the peace, health, safety, morals, or welfare of the person or persons, or public, adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a paper of general circulation within the town.
(4) If the Board finds that a nuisance does in fact exist, it shall direct the owner or other persons responsible for, or causing, the nuisance to abate it 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. 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, the Board shall designate a person to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 O.S. § 16. The Town Clerk/Treasurer 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 of the town may be collected.
(5) The determination of the existence of a nuisance and order to abate it, as made by the Town Board of Trustees, may be appealed by the occupant or owner or person causing the nuisance by filing a request for hearing in writing with the Town Clerk/Treasurer within the period of time specified in the notice for abatement of the nuisance. The Town Clerk/Treasurer shall cause the matter to be placed on the agenda of the Town Board of Trustees for final determination with appropriate notice of the hearing provided to the person requesting the appeal.
(Prior Code, § 8-407)
(B) In cases where it is deemed impractical summarily to abate any such nuisance such town may bring suit in the district court of the county in which such nuisance is located, and it is hereby made the duty of the governing body of any such town, by the adoption of a resolution to direct the bringing of suit in the proper court for the purpose of abating any such nuisance. The district court of the county in which any such nuisance exists or is maintained shall have jurisdiction of any such case and power to adjudge and determine any action brought under the provisions hereof, and where it is adjudged that any such nuisance exists or is maintained and should be abated, such court shall have the power and authority either by, and through, a commissioner appointed by such court, or otherwise, to cause such nuisance to be abated and to assess all the costs thereof, including the costs of suit, against the property on which such nuisance existed or is maintained, and to declare such costs a judgment against said property, and order and direct the sale of said property for the purpose of satisfying said judgment, and shall cause the same to be sold and proceeds thereof applied to the payment of the costs of abating any such nuisance.
(Prior Code, § 8-408)
(C) (1) 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. 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.
(2) 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 added to the water bill or other town utility bill of the owner or occupant if he or she is a user of water from the town water system, or such other utility service. The cost shall be treated as a part of such utility bill to which it is added, and shall become due and payable and be subject to the same regulations relating to delinquency in payment as the utility bill itself. If such owner or occupant is not a user of the town utility service, such cost, after certification to the county for the ad valor tax rolls, may be collected in any manner in which any other lien or debt is collected, or may be pursued as any debt due the town may be collected.
(3) The Town Board of Trustees, or its designee, may cause property within the town limits to be cleared of trash or weeds, and grass to be cut or mowed in accordance with the following procedures: At least ten days’ notice shall be given to the property owner, by mail, at the address shown by the current year’s tax rolls in the County Treasurer’s office, before the Town Board of Trustees, or its designee, holds a hearing or takes action. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and said notice shall further state that unless such work is performed within ten days of the date of the notice, the work shall be done by the town, and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing the town. At the time of mailing of notice to the property owner, the town shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mail-lee. If the property owner cannot be located within ten days of the date of mailing, notice may be given by posting a copy of the notice on the property and by publication, as defined in 11 O.S. § 1-102, one time not less than ten days prior to any hearing or action by the town. If the town anticipates summary abatement of a nuisance in accordance with this subchapter or applicable state law, the notice, whether by certified mail, or posting and publication, shall state that any accumulations of trash, or excessive weed or grass growth on the owner’s property occurring within six months after the removal of trash or cutting or mowing of weeds or grass on the property pursuant to such notice may be summarily abated by the town.
(Prior Code, § 8-410)
Statutory reference:
Cities and towns; power to define and summarily abate nuisances, see 50 O.S. § 16
Definitions, see 11 O.S. § 1-102
Health nuisances; removal; collection of cost of removal, see 63 O.S. § 1-1011
Real property used for felony drug offenses, see 50 O.S. § 21