A. Abatement Required: In all cases in which:
1. A nuisance is determined to exist; and
2. The condemnation, removal, prevention or abatement of same is necessary; and
3. In the doing of such condemnation, removal, prevention or abatement, the demolition or other change in the physical condition of any real property, any building, structure or edifice shall occur; or the discontinuation of a condition which exists from day to day shall occur; or the discontinuation of all or part of any trade or occupation that creates the nuisance shall occur; and
4. Where other procedures are not specially provided for by subsequent sections of this chapter,
such nuisance shall be abated as provided herein.
B. First Notice To Property Owner: Unless a condition of emergency necessitates otherwise, and upon determination by the administrative officer that a nuisance exists on any property within the city, the administrative officer shall send the subject property owner an advance notice advising him or her that his or her property contains a condition that is subject to these procedures and giving such property owner a minimum of ten (10) days in which to either abate the condition or contact the administrative officer to propose an abatement plan that is satisfactory to both parties. If the administrative officer agrees to an abatement plan, he or she shall monitor compliance according to its terms.
C. Second Notice To Property Owner: Upon either of disregard by the property owner of the advance notice prescribed by subsection B of this section or noncompliance of the property owner with an approved abatement plan, the administrative officer shall cause a second notice to be delivered to the property owner by certified mail directing the property owner to abate the nuisance and shall cause a copy of the notice to be posted in a conspicuous place on the subject premises. The notice shall identify the subject property of the alleged nuisance, identify the record owner or occupant of said property, describe the conditions creating the nuisance in a manner sufficient to allow a reasonable person to identify the nuisance, advise the property owner what must be done in order to abate the nuisance and, to avoid further liability, set a deadline for compliance of no fewer than fifteen (15) days from certified receipt of the notice or, if certified delivery is declined, no fewer than fifteen (15) days from posting of such notice, and advise the property owner that failure to comply with such notice shall result in referral of the matter to the city council for its consideration and possible action in no fewer than fifteen (15) days from such receipt of the notice.
D. Third Notice; Direction To Appear Before City Council: If the property owner or occupant disregards the notice prescribed by subsection C of this section and has not abated the nuisance within the time period stated therein, a third written notice shall be served on the person or persons who maintain, operate or permit the nuisance, which notice shall fully set forth the name of the party, if known, the date of such nuisance, the general character of the nuisance, its location, and shall require the owner and/or occupant to appear before the city council on a day named therein, in not fewer than ten (10) days after service thereof, to show cause why the nuisance should not be abated, prevented and removed. All such notices shall be signed by the administrative officer or other officer designated by the city manager and shall be served by the administrative officer or other officer designated by the city manager by delivering in hand to the person a written copy of such notice if he or she can be found or, in case he or she cannot be found, then by leaving a copy with some occupant on the premises above the age of fourteen (14) years or by posting a copy on the door or other convenient or conspicuous place on the premises. In any case where personal delivery to the responsible party is not possible, any form of alternate delivery shall also be supplemented by certified mail, return receipt requested.
E. Hearing Before City Council: On the date designated in the notice prescribed by subsection D of this section, the city council shall convene a public hearing to determine whether the conditions alleged to create a nuisance do create a nuisance and, if so, whether the nuisance is to be abated. The property owner/occupant/other responsible party, the administrative officer or other officer designated by the city manager and any witnesses called by either of the foregoing shall be permitted to present evidence and testimony regarding these questions. If the property owner/occupant/other responsible party does not appear at the hearing, then, upon demonstration by the administrative officer or other officer designated by the city manager of compliance with the notice requirements, the city council shall deem such property owner/occupant/other responsible party to be in default for failure to appear, and the alleged nuisance shall be conclusively deemed to exist. (Ord. 646, 3-21-2011)
F. Order Of Abatement: In all cases where the city council has determined, based upon all evidence presented in the public hearing prescribed by subsection E of this section or upon default by the property owner/occupant/other responsible party for failure to appear at such hearing, that a nuisance does exist, upon close of the public hearing, the city council shall decide by vote whether to abate the nuisance. When the city council has determined that any nuisance shall be abated, it shall be the duty of the city council to direct the administrative officer or other officer designated by the city manager to issue a written order requiring the abatement, prevention and removal of the nuisance by the property owner/occupant/other responsible party within a time named therein, which shall in all cases be no fewer than ten (10) days and may be greater if the circumstances reasonably require. This notice shall also advise the property owner of all potential consequences of failure to comply with the order, including, without limitation, the issuance of a municipal citation that may result in fines provided in section 1-4-1 of this code and as set forth in the municipal bond schedule adopted by the governing body as provided in section 1-11-19 of this code for each offense, each day being a separate offense; the costs of abatement by the city; the filing of a lien against the subject property; and foreclosure of the lien. The administrative officer or other officer designated by the city manager shall issue a written order reciting the order of the city council, and certified by the city clerk, directing to the property owner/occupant/other responsible party the terms and conditions of abatement. All such notices shall be signed by the administrative officer or other officer designated by the city manager and shall be served by the administrative officer or other officer designated by the city manager by delivering in hand to the person a written copy of such notice if he or she can be found or, in case he or she cannot be found, then by leaving a copy with some occupant on the premises above the age of fourteen (14) years or by posting a copy on the door or other convenient or conspicuous place on the premises. In any case where personal delivery to the responsible party is not possible, any form of alternate delivery shall also be supplemented by certified mail, return receipt requested. (Ord. 646, 3-21-2011; amd. 2013 Code)
G. Abatement By City: In the event the property owner/occupant/other responsible party disregards the foregoing order and the nuisance is not otherwise abated within the time provided therein, a city employee or officer designated by the city manager shall forthwith abate the nuisance by condemning, removing, destroying, filling up, locking up, moving, or by any other such procedures as is necessary to comply with the abatement order to the greatest possible extent.
H. Certification Of Costs 1 : It shall be the duty of the foregoing designee of the city manager abating such nuisance to create or cause to be created a bill of costs to document and include all expenses incurred by the city in the removal and abatement of such nuisance and to deliver the same to the city clerk. The city clerk shall add any other costs related to the abatement that are not included in the bill of costs presented by such designee. The city clerk shall cause these costs to be certified and submitted to the county treasurer in the same manner as and coequal 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 such property.
I. Lien Provisions; Civil Damages; Misdemeanor Complaint:
1. Any person who fails to remove and abate any nuisance, after proper notice and opportunity to be heard and proper orders of the city council, shall be liable to the city for all expenses incurred in the removal and abatement of the nuisance, as declared by the itemized bill of costs signed by the city clerk and submitted to the county treasurer in the same manner as and coequal with the lien of ad valorem taxes and all other taxes and special assessments, as provided by subsection H of this section. Such costs and the interest thereon shall be a lien against the property from the date the costs are certified to the county treasurer, and such lien shall continue until such costs shall be fully paid. The property owner shall be served notice by the city attorney of such property owner's opportunity to satisfy the lien prior to the commencement of foreclosure proceedings. This notice shall be served by delivery in hand to such property owner if he or she can be found or, in case he or she cannot be found, then by leaving a copy with some occupant on the premises above the age of fourteen (14) years or by posting a copy on the door or other convenient or conspicuous place on the premises. In any case where personal delivery to the property owner is not possible, any form of alternate delivery shall also be supplemented by certified mail, return receipt requested. If the property owner satisfies the lien, a release shall be filed of record.
2. The foregoing lien may be enforced by foreclosure against the subject property in the same manner as other liens. In the event the city manager or his/her designee determines to proceed with foreclosure, the city attorney shall ensure that the city observes all lawful requirements, including publication of notice, to afford the property owner such rights of due process as he or she would enjoy in the foreclosure of a tax lien.
3. The fact that the city has abated and removed a nuisance, or may have commenced foreclosure proceedings, shall not excuse the party responsible for the nuisance condition from any civil damages to person or property that may have been caused by the nuisance condition prior to abatement. The city or any private person, in the case of a private nuisance, may bring a civil action to recover such damages in the Tulsa district court.
4. When damages to person or property result from a nuisance, as defined in this chapter, the responsible party may also be liable for the prosecution of a misdemeanor offense as otherwise provided by this code, notwithstanding any abatement actions undertaken by the city. (Ord. 646, 3-21-2011)
Notes
| 1 | 1. The processing fee for nuisance violations is on file in the offices of the community development department. |