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A. Summary Abatement: Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals or welfare of one (1) or more persons or of the public generally. It is recognized that circumstances may be such as to justify, and even to require, the mayor 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. (2015 Code § 8-308)
B. Statement Of Nuisance; Recommended Abatement: The chief of the fire department, the chief of police, the city attorney, the building official or any other officer subordinate to the mayor may submit, through or with the consent of the mayor, to the city council a statement as to the existence of a nuisance as defined by the ordinances of the city or law, and a request or recommendation that it be abated. The mayor himself, the health officer and any member of the city council or any resident or residents of the city may submit such a statement and request or recommend that it be abated. (2015 Code § 8-308; amd. 2016 Code)
C. Determination Of Nuisance Existence; Notice: The city council shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject, the city council shall have power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or have it abated, the city council 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. 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; but if the names or addresses are not known, and the peace, health, safety, morals or welfare of the person or 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.
D. Abatement By Owner Or City: If the city 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 said nuisance within a specified time if the peace, health, safety, morals or welfare of the person or persons or public adversely affected would not be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate said nuisance within the specified time, the city council shall direct the mayor 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 costs shall constitute a debt to the city collectible as other debts to the city may be collected. (2015 Code § 8-308)
A. Order To Abate: Pursuant to authority granted by 63 Oklahoma Statutes section 1-1011, the health officer shall have authority to order the owner or occupant of any private premises in the city to remove from such premises, at his 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, within twenty four (24) hours, or within such other time as may be reasonable, and a failure to do so shall constitute a misdemeanor. Such order shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, by the health officer or by a police officer, or a copy thereof may be left at the last usual place of abode of the owner, occupant or agent, if known and within the state. If the premises is 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. (2015 Code § 8-311; amd. 2016 Code)
B. Abatement By City; Costs: If there is not compliance with the order, the health officer may cause the order to be executed and complied with, and the cost thereof shall be certified to the city clerk, and the cost of removing or abating such nuisance shall be added to the water bill or other city utility bill of the owner or occupant if he is a user of water from the city water system or such other utility service. The cost shall be treated as a part of such utility bill to which it is added and shall become due and payable and subject to the same regulations relating to delinquency in payment as the utility bill itself. If such owner or occupant is not a user of any city utility service, such cost, after certification to the city clerk, may be collected in any manner in which any other debt due the city may be collected. (2015 Code § 8-311)