(A) Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals, or welfare of one 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 town’s 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) The Chief of the Fire Department, the Chief of Police, the Town Attorney, the Building Inspector, the Electrical Inspector, the Plumbing Inspector or any other officer subordinate to the Mayor may submit through or with the consent of the Mayor to the town’s Board of Trustees, a statement as to the existence of a nuisance as defined by the ordinances of the town of law, and a request or recommendation that it be abated. The Mayor himself, herself, or themself, the Health Officer, and Board of Trustees or any resident or residents of the town may submit such a statement and request a recommendation to the Board of Trustees.
(C) The Board of Trustees shall determine whether or not the alleged nuisance is in fact a nuisance. For the purpose of gathering evidence on the subject, the Board of Trustees shall have power to subpoena and examine witnesses, books, papers, and other effects. Before proceeding to abate the nuisance or 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 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 paper of general circulation within the town.
(D) If the Board of Trustees 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, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the Board of Trustees shall direct the Mayor to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by 50 O.S. § 16. The Town Clerk-Treasurer 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 cost shall constitute a debt to the town collectible as other debts to the town may be collected.
(E) The cost of abatement of nuisances, if ordered by the town, may be added onto the utility bill servicing the same premises or added to the tax rolls as a lien against the property.
(F) Whenever there exists an apparent violation of § 92.07(A)(21), the town shall serve notice of the violation upon the occupant of the real property upon which such inoperable vehicle or other condition is located. The notice may be served personally, or by posting the notice on the inoperable vehicle or some other conspicuous place upon said real property. The notice shall inform such person of the violation and request that compliance with this section be accomplished within 14 days after service of the notice.
(G) In the event such person fails to comply with the provisions of this section within 14 days after service of the notice, the town may cause the inoperable vehicle to be removed and placed or stored in a safe and convenient place. The person in possession of such vehicle and any personal property therein shall be responsible only for the reasonable care of such property.
(H) Any inoperable vehicle which has been impounded as provided in this section for 30 days or more shall be disposed of in the following manner: The town shall publish a notice once a week for two consecutive weeks in a newspaper of general circulation in the town, which notice shall describe the motor vehicle by name of maker, model, color, and serial number and shall state that it has been impounded and will be sold at public auction to the highest bidder, if the owner thereof does not claim it within ten days of the date of the second publication of the notice and pay the removal, storage, and publication charges incurred by the town.
(Prior Code, § 8-308) Penalty, see § 10.99
Editor’s note:
Divisions (F) through (H) became effective 9-9-2002.