The following words and phrases, when used in this chapter, shall have the meanings prescribed in this section except in cases where the context clearly indicates a different meaning. In cases where a different meaning is prescribed by statute or ordinance, it is intended that all meanings shall apply to the fullest extent possible and, in the event of conflicting meanings, the contradictory meaning shall apply solely for purposes of enforcing such statute or ordinance.
ADMINISTRATIVE OFFICER: That employee of the city who is designated by this chapter to carry out the duties of the city council with respect to the detection, investigation, reporting and, to the extent permissible under law, summary abatement of public nuisances. For all purposes related to the enforcement of this chapter, the city of Glenpool's administrative officer shall be the person then currently occupying the position of code enforcement officer, or such substantially similar position or title as may be adopted by city staff.
ADVERTISING: Any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner or tenant of the property, or an agent of such owner or tenant, for the purpose of promoting products or services or conveying information to the public.
AGRICULTURAL ACTIVITY(IES): Means and includes, but is not limited to: the growing or raising of horticultural and viticultural crops, aquaculture, berries, grain, hay, poultry, livestock, dairy products and forestry activities; improvements to or expansions of such identified activities including, but not limited to, new technology, pens, barns, fences, and other improvements designed for the sheltering, restriction, or feeding of animal or aquatic life, for storage of produce or feed, or for storage or maintenance of implements related to such activities. If the expansion is part of the same operating facility or part of a business under single ownership, the expansion need not be contiguous.
BOARDING AND SECURING OR BOARDED AND SECURED: The closing, barricading, locking or other blocking of all exterior openings so as to prevent entry into the building or structure.
CLEANING, CLEAN, OR CLEANED: The removal of trash from property.
DILAPIDATED BUILDING OR STRUCTURE: A building or structure which:
A. Through neglect or injury, lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety, or welfare of its human or animal occupants or the general public;
B. Is unfit for human occupancy due to the lack of necessary repairs and is considered uninhabitable by humans or animals or is a hazard to the health, safety, and welfare of its human or animal occupants or the general public;
C. Is determined by the city council or the administrative officer of the city council to be an unsecured building, as defined in this section, more than three (3) times within any twelve (12) month period;
D. Has been boarded and secured, as defined in this section, for more than thirty six (36) consecutive months; or
E. Is otherwise declared by the city council in the course of a hearing as to which the property owner has been given notice to constitute a public nuisance.
FARMLAND: Means and includes, but is not limited to, land devoted primarily to the production of livestock and/or agricultural commodities.
FORESTRY ACTIVITY(IES): Any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including, but not limited to, forestry buildings and structures.
GRAFFITI: Without limitation, means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched, scrawled, stenciled or etched onto the surface of a rock, tree, wall, bridge, fence, gate, building or other structure, or onto any public or private property without public or private authority to do so, and without respect to message or purpose; provided, this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, a tenant of the property, or by an authorized agent for such owner or tenant.
NUISANCE:
A. Means and consists of the unlawful doing of an act, or omitting to perform a duty, which act or omission disrupts the welfare of the citizens of the city in any of the following ways. Without limitation, the term "nuisance" shall include any action, thing, occupation or use of property that:
1. Annoys, injures or endangers the safety, health, comfort or repose of others; or
2. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake, river, stream, creek, canal or basin, or any public park, square, street or highway; or
3. Offends common standards of public decency; or
4. In any way renders other persons insecure in life, or in the use of property; or
5. Without necessity or justification diminishes property values; or
6. Otherwise is an act prohibited, or the nonperformance of a duty required, by any provision of this chapter where such act or nonperformance is expressly identified as a nuisance.
B. Unless expressly identified otherwise in any section of this chapter, the term "nuisance" shall refer without distinction to public and private nuisances. Nothing which is done or maintained under the express authority of a statute or ordinance can be deemed a nuisance.
OWNER: In reference to real property, means the owner of record as shown by the most current tax rolls of the Tulsa County treasurer.
PRIVATE NUISANCE: A public nuisance that so specially or disproportionately impacts one or more persons as to give such persons the lawful standing to seek civil or criminal redress. Thus, a private person may maintain an action against a public nuisance if it is especially injurious to that person, but not otherwise. The city may not act with respect to a private nuisance alone, that is, without its being first declared a public nuisance.
PUBLIC NUISANCE: A nuisance that adversely affects: an entire community or neighborhood; or the public at large; or any number of persons residing at, lawfully visiting or otherwise situated upon any public or private property other than the property from which the nuisance emanates or occurs; or the safe and peaceable enjoyment of any public or private property other than the property from which the nuisance emanates or occurs (collectively, "the public"). This chapter pertains only to, and the city has, jurisdiction to prohibit and penalize only, a public nuisance.
REMOVAL, REMOVE OR REMOVED: When used in relation to the eradication of graffiti, means the act of taking graffiti off of, or masking the presence of graffiti on, any surface.
TENANT: Any person shown by the records of the Tulsa County clerk's office as a lessee of property, or any person otherwise lawfully occupying or doing business and in actual physical control of property as to which they are not the owner, whether with or without the consent of the owner.
TRASH: Any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, waste, or matter of any kind or form that is useless, uncared for, discarded, or abandoned, regardless of value.
UNFIT FOR HUMAN OR ANIMAL OCCUPANCY: A building or structure that, due to lack of necessary repairs or the maintenance of utility services, is considered uninhabitable and represents a hazard to the health, safety, and welfare of humans, animals or the general public.
UNSECURED BUILDING OR STRUCTURE: Any building or structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways or other similar unsecured openings which would facilitate unauthorized entry into the structure.
WEED:
A. Includes, but is not limited to, poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which:
1. Exceeds twelve inches (12") in height, except healthy trees, shrubs, or produce for human consumption grown in a tended and cultivated garden unless such trees and shrubbery, by their density or location, constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of weeds identified as such; or
2. Regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash; or
3. Harbors rodents or vermin; or
4. Gives off noxious odors or odors unpleasant to a person of ordinary sensibilities; or
5. Constitutes a fire or traffic hazard; or
6. Is dead or diseased.
B. The term "weed" shall not include tended crops on land zoned for agricultural use which are planted more than one hundred fifty feet (150') from a parcel zoned for other than agricultural use. (Ord. 646, 3-21-2011; amd. 2013 Code)