A. Justification. 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 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. Statement of existence and recommendation of abatement. The Fire Chief, the Chief of Police, the City Attorney, the Health Officer, or any other designated subordinate of the City Manager or any Councilmember or resident may submit, through or with the consent of the City Manager to the Code Administration Officer, a statement as to the existence of a nuisance as defined by the ordinances of the City or State law and a request or recommendation that it be abated.
C. Investigation and notification. Upon receiving the complaint or observing the nuisance himself, the City Manager or his designee 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 by a police officer if their names and addresses are known, but if the names and 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 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.
D. Hearing upon abatement notice. If the person receiving the abatement notice wishes a hearing, he must request it in writing within ten (10) days and mail or file it with the City Clerk. The hearing on his request will be before the City Manager and will be held as soon as possible after the request is filed. The City Manager shall render his decision by written memorandum and file the same with the City Clerk, who shall thereupon mail a copy to the person or persons requesting the hearing at the last known mailing address.
E. Appeal to City Council. 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.
F. Council to determine nuisance in fact. 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.
G. Determination of nuisance by Council. 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 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 O.S. § 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. Until paid, such cost shall constitute a debt to the City, collectible as other debts of the City may be collected.
(Code 1991, § 8-408)