A. Summary Abatement: Some public nuisances are of such nature as to constitute a grave and immediate danger to the public peace, health, safety, morals, or welfare. It is recognized that circumstances may be such as to justify, and even to require, the board of trustees to take immediate and proper action to abate such nuisances, or to reduce or suspend the danger until more deliberate action can be taken toward such abatement. (2003 Code § 7-1-6)
B. Statement Of Nuisance; Recommended Abatement:
1. The chief of the fire department, the law enforcement personnel, the town administrator, and the town attorney may submit, through or with the consent of the board of trustees, a statement as to the existence of a "public nuisance" as defined by section 5-1-2 of this chapter or by other town ordinances, and a request or recommendation that it be abated. (2003 Code § 7-1-6; amd. 2014 Code)
2. Any member of the board of trustees or any resident or residents of the town may submit such a statement and request a recommendation of the board of trustees.
C. Determination Of Nuisance Existence; Notice: The board of trustees shall determine whether or not the alleged public nuisance is a public nuisance in fact. For the purpose of gathering evidence on the subject, the board of trustees shall have the power to subpoena and examine witnesses, books, papers, and other effects. Before proceeding to abate the nuisance or to have it abated, the board of trustees shall give notice of a hearing on the proposed abatement to the owner of any property concerned and to any other persons alleged or deemed responsible for or to be causing the public nuisance, and an adequate opportunity to be heard if such notice and opportunity for 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, 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 newspaper of general circulation within the town. (2003 Code § 7-1-6)
D. Abatement By Owner Or Town: If the board of trustees finds that a public nuisance does in fact exist, it shall direct the owner and/or other persons responsible for or causing the public nuisance to abate said nuisance within a specified time if the public interest would not be unduly jeopardized by the consequent delay. If the owner or other persons responsible for or causing the public nuisance do not abate said nuisance within the specified time, the board of trustees shall direct the town administrator to abate the public nuisance or to have it abated, if summary abatement is practical, as authorized by 50 Oklahoma Statutes section 16. The town clerk-treasurer shall send a statement of the cost of such 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, such costs shall constitute a debt to the town collectible as other debts may be collected. (2003 Code § 7-1-6; amd. 2014 Code)
E. Abatement By Suit In District Court: If summary abatement is deemed impractical, the board of trustees, by motion or resolution, may direct the bringing of a suit in the district court to abate the public nuisance, as authorized by 50 Oklahoma Statutes section 17.
F. Procedures Cumulative: The procedures for abating or dealing with public nuisances, as prescribed in this section, shall be cumulative and in addition to any other procedures authorized by law or ordinance. (2003 Code § 7-1-6)