(A) (1) Whenever it is practical to do so, the City Council has the power summarily to abate any nuisance, after notice to the owner and an opportunity for him or her to be heard, if this can be done.
(2) Some nuisances are of a 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 City Manager or Mayor or his or her representative may be justified or required to take immediate and proper action summarily to abate the nuisances, or to reduce or suspend the danger, until more deliberate action can be taken toward the abatement.
(3) The Fire Chief, the Chief of Police, the City Attorney, the Health Officer, any Council member, any resident of the city or any other officer subordinate to the City Council may submit to the 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, the 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. The notice to the owner and other persons concerned shall be given in writing by mail or by service by a police officer, if his, her or 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 the 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 City Manager, Building Inspector or 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 the 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, the cost shall constitute a debt to the city, collectible as other debts of the city may be collected.
(B) (1) The local or County Health Officer shall have the authority to order, in writing, the owner or occupant of any private premises in the city to remove from the premises, within a reasonable length of time and at his or her own 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. The order shall be served on the owner, occupant or his or her agent of the premises by the local or County Health Officer or a police officer. If the premises are unoccupied and the residence of the owner, occupant or agent is unknown or 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 Officer may cause the order to be executed, and the cost thereof shall be certified to the City Clerk. The cost of abating the nuisance shall be added to the municipal utility bill of the owner or occupant, if he or she is 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 the owner or occupant is not a user of any municipal utility service, the costs, after certification to the City Clerk, may be collected in any manner in which any other debt due the city may be collected.
(C) (1) When, in the opinion of the Building Inspector 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 is hereby declared to be a nuisance.
(a) Any building shall be reported by the Building Inspector or any municipal official to the City Council, together with the lot and block number, the owner or his or her agent and a description of the condition.
(b) Upon receipt of the report, the City Council shall, by resolution, declare a building or structure to be a nuisance and shall serve legal written notice on the owner or his or her agent to wreck or remove the same.
(c) The resolution shall fix a time and a place at which the owner or his or her agent may appear and show cause why the building shall not be condemned.
(d) Upon the aforesaid date, the City Council shall 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 the City Council shall be executed, by resolution.
(e) The resolution shall fix a reasonable time for the owner to comply with the order. At the expiration of the time, if the owner or agent has not complied with the order, the City Council shall cause the building or structure to be torn down.
(f) The materials salvaged in wrecking the building or structure shall be sold at public or private sale and the proceeds therefrom used to defray the city’s expenses in wrecking the building. Any unexpended balance shall be returned to the owner. If the proceeds be insufficient therefor, the balance shall be provided, by resolution, from whatever municipal fund available, and the amount thereof shall be levied against the lot or tract of land upon which the building was located in the manner provided by law for assessment and levy of other special taxes.
(2) Any municipal official shall have the right to stop the construction of any building or structure, or the alterations 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.
(D) (1) It shall be unlawful for any owner of any lot, tract of 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 the premises and it shall be the duty of the owner to remove or destroy any trash or weeds. The owner shall be deemed to have been notified when the city shall have mailed by first class mail, postage prepaid, to the last current address shown on the current year’s tax rolls maintained by the County Treasurer and/or the last known address maintained by the city. In the event no address is maintained by the city or the County Treasurer, notice shall be by posting a notice of code violation on the property in a conspicuous place. In addition thereto, the owner shall be subject to the provisions set forth in this section.
(2) The city adopts and includes herein, as if fully set forth herein, 11 O.S. §§ 22-111 and 22-112 and all additions and amendments thereto, pertaining
to the cleaning of trash and weeds and the securing and removal of dilapidated buildings located within the city limits.
(3) The Building Inspector/Code Inspector is designated as the administrative officer to carry out the duties of the City Council, pursuant to the provisions of 11 O.S. §§ 22-111 and 22-112, including any additions or amendments thereto.
(2002 Code, § 92.21) (Ord. 284, passed 10-8-1990) Penalty, see § 92.99