(A) Immediate abatement in certain circumstances. 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. It is recognized that circumstances may be such so as to justify, and even to require, the Mayor 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 actions can be taken toward such abatement.
(B) Statement and request. The Fire Chief, the Police Chief, the Town Attorney, the Building Inspector, the Electrical Inspector, the Plumbing Inspector or any other officer subordinate to the Mayor may submit to the Town Board of Trustees, either through or with the consent of the Mayor, 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. The Mayor himself or herself, the Health Officer, the Board of Trustees or any resident or residents of the town may submit such a statement and request a recommendation to the Board of Trustees.
(C) Investigation and hearing.
(1) The Board of Trustees shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the Board of Trustees shall have the power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or to have it abated, the Board of Trustees shall give notice of a hearing on the proposed abatement to the owner of any property concerned and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given.
(2) Such notice to the owners 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 or 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, then notice of the hearing shall be published in a paper of general circulation within the town.
(D) Abatement options.
(1) If the Board of Trustees finds that a nuisance does in fact exist, then 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, persons or public adversely affected would not be unduly jeopardized by the consequent delay.
(2) If the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, then the Board of Trustees shall direct the Mayor 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 to the town may be collected.
(Prior Code, § 8-308)