A. Dangerous Circumstances: 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. If such circumstances actually exist, the City Manager or other appropriate officer or agency of the City government may 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. Submission Of Statement Of Nuisance: The Chief of the Fire Department, the Chief of Police, the City Attorney, the Health Officer, the building inspector, the electrical inspector, the plumbing inspector, or any other officer subordinate to the City Manager or any Council member or resident, may submit, through or with the consent of the City Manager, 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. (Ord. 2003-01-08, 8-25-2003)
C. Investigation; Notice To Abate: Upon receiving the complaint or observing the nuisance himself, the City Code enforcement officer will investigate the alleged nuisance. If he determines that a public nuisance exists, he will notify the person responsible for the nuisance. Such notice to the owner and other persons concerned shall be given in writing by mail or by service of a police officer if their names and addresses are known. At the time of mailing of notice to the property owner, the City shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee(s). If the names and addresses are not known, and the public peace, health, safety, morals, welfare would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a paper of general circulation within the City. Such notice shall provide not less than ten (10) days nor more than sixty (60) days, at the discretion of the City Manager or his designee, in which to abate such nuisance or to request a hearing as hereinafter set forth. (Ord. 2017-6, 5-22-2017)
D. Request For Appeal; Hearing: If the person responsible for a nuisance wishes to appeal the City Manager's decision, he may request a hearing before the City Council. Such request must be in writing and submitted to the City Clerk within five (5) days after notice of the decision of the City Manager is mailed to him, or within five (5) days after the publication of the notice in a newspaper of general circulation within the City.
E. Council Action; Order Abatement; Assessment Of Costs:
1. 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. (Ord. 2003-01-08, 8-25-2003)
2. If the Council finds that a nuisance does in fact exist, it shall direct the owner or other person responsible for or causing the nuisance to abate it 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. 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 the names and addresses are known. Provided, however, that the minimum costs assessed by the City for such summary abatement shall not be less than three hundred dollars ($300.00) for each abatement. Until paid, such cost shall constitute a debt to the City, collectible as any other cost of abatement as detailed in subsection 4-1-10A of this chapter. (Ord. 2009-2, 3-9-2009)