A. 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 city manager or other appropriate officer or agency of the city government 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.
B. The chief of the fire department, the chief of police, the city attorney, the building inspector, the electrical inspector, the plumbing inspector or any other officer subordinate to the city manager may submit, through or with the consent of the city manager, to the city council, a statement as to the existence of a nuisance, as defined by section 8-102 of this chapter or by other city ordinances or state law, and a request or recommendation that it be abated. The city manager himself, the health officer, any councilman or any resident of the city may submit such a statement and request or recommendation to the city council.
C. Upon receipt of a statement and request or recommendation under subsection B of this section, the council shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the council shall have power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or to have it abated, the council shall give notice of a hearing on the proposed statement 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 or addresses are not known, and the public peace, health, safety, morals or welfare would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be publicized in a paper of general circulation within the city.
D. If the council 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 public peace, health, safety, morals or welfare 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 council shall direct the city manager to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 Oklahoma Statutes section 16. The city clerk 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 city collectible as other debts of the city may be collected.
E. In cases where it is deemed impractical summarily to abate a nuisance, the city may bring suit in the district court, as provided in 50 Oklahoma Statutes section 17. (Ord. 505, 9-2-2003)
F. No action for nuisance shall be brought against agricultural activities on farm or ranch land which has lawfully been in operation for two (2) years or more prior to the date of bringing the action. (Ord. 587, 11-17-2009)