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1. Whenever it is practical to do so, the City Council has the power summarily to abate any such nuisance, after notice to the owner and opportunity to be heard, if this can be done.
2. 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 the public generally, and it is recognized that, in such circumstances, the Mayor (or a representative) may be justified or required 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.
3. The Fire Chief, the Chief of Police, the City Attorney, the Health Official, any Trustee, any resident of the city or any other officer subordinate to the City Council, may submit to said City Council, a statement as to the existence of a nuisance as defined by state law or the ordinances of the city, and a request or recommendation that it be abated.
4. The City Council shall determine whether or not the alleged nuisance is a nuisance in fact, and before proceeding to have the nuisance abated, said City Council 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. Such 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; if the names and addresses are not known, and the peace, health, safety, morals or welfare of the person, persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a newspaper of general circulation within the city or county.
5. If the City Council finds that a nuisance does in fact exist, it shall direct the owner and/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, 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 City Council shall direct the Mayor to abate the nuisance or have it abated, if summary abatement is practical.
6. The City Clerk shall send a statement of the cost of such summary abatement to the owner and/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 of the city may be collected.
1. The Local or County Health Official shall have the authority to order, in writing, the owner or occupant of any private premises in the city to remove from such premises, within a reasonable length of time and at the owner’s 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; failure to do so shall constitute an offense. Such order shall be served on the owner or occupant (or agent) of the premises by the Local or County Health Official, or a police officer. If the premises are unoccupied and the residence of the owner, occupant or agent, if unknown, is without 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 city or county.
2. If the order is not complied with, the Health Official may cause the order to be executed, and the cost thereof shall be certified to the City Clerk; the cost of abating such nuisance shall be added to the municipal utility bill of the owner or occupant (if a user of any municipal utility service) 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 any municipal utility service, such costs, after certification to the City Clerk, may be collected in any manner in which any other debt due the city may be collected.
1. When, in the opinion of the Municipal Building Inspector, the Local or County Health Official or any municipal official, any building, wall or other structure upon, adjoining or near any street, avenue, alley or public ground within the city becomes dangerous, insecure or liable to collapse from inherent structural weakness or decay, or which, from fire damage or other causes, becomes a menace to life or property, the same may be declared to be a nuisance.
a. Any such building shall be reported by the Municipal Building Inspector or any municipal official to the City Council, together with the lot and block number, the owner (or agent) and a description of the condition. Additional data shall be provided, including material from the community’s preservation inventory, concerning historic and/or architectural significance.
b. Upon receipt of such report, the City Council shall review the significance to the community by requesting a recommendation from the Preservation Commission; following review of said recommendation, the City Council shall consider whether or not to declare such building or structure to be a nuisance and serve 15 days’ legal written notice on the owner (or agent) to wreck or remove the same, or provide an alternative proposal for restoration, sale and restoration, or other appropriate method of encouraging productive re-use of the structure. Said notice shall be posted on the property to be affected, and shall also be sent by certified mail, with return receipt requested, to the owner, as shown on the County Treasurer’s records. Written notice shall also be mailed to any mortgage holder, as shown by the County Clerk’s records. If neither the property owner nor the mortgage holder can be located, notice may be given by legal notice; such notice may be published once, not less than ten days prior to any hearing or action by the city pursuant to the provisions of this section, or, as an alternative, notice may be given by first-class mail to the property owner and mortgage holder.
c. The City Council may hear all objections and evidence in relation thereto and, unless the owner can show good and sufficient reason why the building should not be condemned, the original order of said City Council shall be executed, or any appropriate alternative solution may be implemented.
d. Pursuant to a finding that the condition of the property constitutes a detriment or a hazard and that the property would be benefitted by the removal of such conditions, the City Council may cause the dilapidated building to be torn down and removed, or implement an alternative solution, and shall fix reasonable dates for the commencement and completion of the work.
e. The City Clerk shall immediately file a notice of lien with the County Clerk describing the property, the findings of the municipality at the hearing and stating that the municipality claims a lien on said property for the destruction and removal costs. The agents of the municipality are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the municipality, if the work is not performed by the property owner within dates fixed by the City Council.
f. The City Council shall determine the actual cost of the repair, restoration, dismantling or removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the removal of the nuisance conditions, including the cost of notice and mailing. The City Clerk shall forward a statement of the actual cost attributable to the work on the buildings and a demand for payment of such costs, by certified mail with return receipt requested, to the property owner. In addition, a copy of said statement shall be mailed to any mortgage holder.
g. If the municipality repairs, restores, dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance and equipment required for the actual repairs, restoration, dismantling or removal of the dilapidated buildings. If work on the dilapidated building is done on a private contract basis, the contract shall be awarded to the most responsible and most responsive bidder.
h. When payment is made to the municipality for costs incurred, the City Clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six months from the date of the mailing of the statement to the owner of such property, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer. Said costs shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the County Clerk. Said lien shall be co-equal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At any time prior to collection, the municipality may pursue any civil remedy for collection of the amount owed and interest thereon. Upon receiving payment, the City Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
i. Nothing in the provisions of this section shall prevent the municipality from abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the health, safety or welfare of the general public.
j. After a building has been declared dilapidated, and before the commencement of the removal of the nuisance conditions on the dilapidated building, the City Council may authorize that such a building be boarded and secured.
2. Any municipal official shall have the right to stop the construction of any building or structure, or the alteration, repair or wrecking of the same, if the same is being done in a careless or reckless manner, or in violation of the provisions of this code of ordinances.
1. It shall be unlawful for any owner of any lot, tract or parcel of land situated wholly or in part within the corporate limits of the city to allow trash or weeds to grow, stand or accumulate upon such premises and it shall be the duty of such owner to remove or destroy any such trash or weeds.
2. Any officer or employee of the city who discovers an accumulation of trash or growth of grass and weeds, or both these conditions, upon any premises within the corporate limits of said city, shall report the condition to the Administrative Officer (who shall be appointed by the City Council) if, as a result of the accumulation or growth, the premises appear to be:
a. Detrimental to the health, safety, benefit and welfare of the public and the community;
b. A hazard to traffic; or
c. A fire hazard to property.
3. Upon receiving the report provided for in subsection 2. above, or upon receipt of equivalent information from any reliable source, and upon determination that a nuisance or violation of the code of ordinances exists, the Administrative Officer shall give written notice of the finding and direct the owner or occupant to abate the condition within ten days.
4. The written notice provided for in subsection 3. above shall be sent to the owner of the property at the address shown by the current year’s tax rolls in the office of the Treasurer of the county in which the property is located. The Administrative Officer or designee shall obtain a receipt of mailing from the postal service, the receipt shall indicate the date of mailing and the name and address of the mailee. If the owner cannot be served by mail, notice may be given by publication as provided in 11 O.S. §22-111, one time, not less than ten days prior to any hearing or action by the city. If the City Council anticipates further abatement of any nuisance in accordance with provisions of this section, the notice shall state that “Any accumulations of trash or excessive weed or grass growth on the property occurring within six months after the initial removal of trash or the cutting or mowing of weeds or grass on the property pursuant to such notice may be summarily abated by the City Council. Further, the costs of such abatement shall be assessed against the owner, and a lien may be imposed on such property to secure such payment. All such actions may be taken without further notice to the property owner.”
5. The owner of the property may give his or her written consent to the city authorizing the removal of the nuisance; by providing written consent, the owner waives his or her right to a hearing.
6. Upon a finding that a condition exists as set out in subsection 2. above, and that the property would be benefitted by the removal of such condition, and after at least ten days from the date of receipt of the notice by the owner or occupant or the date of publication, the Administrative Officer shall order the property to be cleaned of trash, or order trash or weeds to be cut, removed or destroyed, unless the owner:
a. Has cut, removed or destroyed the trash or weeds in accordance with the notice; or
b. Has filed a written request for a hearing on the matter with the City Clerk within a ten-day period to appeal the Administrative Officer’s decision to the City Council. If the owner or occupant has given written consent authorizing the city to abate the trash or weeds, any right to a hearing shall be considered waived, and the owner shall pay for the cost of the work. The City Council may affirm, reverse or modify the order of the Administrative Officer. The City Council’s review shall be limited to a review of the finding of facts and order of the Administrative Officer to determine if the provisions of this section have been complied with.
7. At any hearing onto the matter, the Administrative Officer may receive information thereto, including anything which may be presented by the owner of the premises, personally or by agent or attorney. The Administrative Officer shall prepare a written finding of the facts and order which will be placed in the property files.
8. The work ordered to be performed under this section may be done by the city or it may be let by contract to the most responsible and most responsive bidder for a period of not to exceed one year. Immediately following the cleaning or mowing, the City Clerk shall file a notice of lien with the County Clerk, in accordance with state law.
9. Upon completion of the work ordered to be performed under this section, the city shall prepare a statement, itemizing each tract of property involved, as follows: labor; machinery rental or depreciation; fuel and supplies; cost of notice; other costs and indirect costs; along with a demand for payment of the total cost, and forward it by certified mail, with return receipt requested, to:
a. The owner of the property at the address shown by the current tax rolls in the office of the Treasurer of the county in which the property lies; or
b. To the address given by the person giving written consent or requesting the appeal, as provided for hereinabove.
10. If the costs of the work performed under this section are not paid within 30 days from the date of mailing the statement prescribed by subsection 9. above, the City Clerk shall forward a certified statement of the amount of the costs to the County Treasurer of the county in which the property upon which the work was done is located, in order that the amount be levied upon the property and be collected by the County Treasurer in the manner prescribed by the law of this state. The lien is co-equal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At any time prior to collection, as provided in this section, the city may pursue any civil remedy for collection of the amount owed and interest thereon. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of such payment, directing discharge of the lien.
11. If the City Council causes property within the municipal limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a 12-month period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner. At the time of each summary abatement, the municipality shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing within ten days after the date of mailing the notice. The notice and hearing shall be as provided for in this section. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in this section; provided, however, that, this section shall not apply if the records of the County Clerk show that the property was transferred after notice was given pursuant to this section.
(Ord. 2013-02, passed 3-4-2013)
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