A. Nuisances Constituting Immediate Danger:
1. 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 the public generally.
2. 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 the nuisances, or to reduce or suspend the danger until more deliberate action can be taken toward the abatement.
B. Submission Of Statement Of Nuisance And Request For Abatement:
1. The Chief of the Fire Department, the Chief of Police, the City Attorney, the building inspector, or any officer subordinate to the City Manager, may submit to 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.
2. The City Manager, any City Commissioner, or any resident or residents of the City may submit a statement and request or recommendation to the Administrative Body.
C. Administrative Body; Determination, Hearing, Notice:
1. The Board of City Commissioners hereby designates the City Manager, Chief of the Fire Department, and the Chief of the Police Department as the Administrative Body to perform the functions and duties set forth in this article and shall determine whether or not the alleged nuisance is a nuisance in fact. At least two (2) members of the Administrative Body shall appear for hearings and a finding of a nuisance and order of abatement requires a majority vote of the Administrative Body. For the purpose of gathering evidence on the subject, the Administrative Body shall have power to subpoena and examine witnesses, books, papers and other effects.
2. Before proceeding to abate the nuisance or to have it abated, the Administrative Body shall give notice of a hearing on the proposed abatement to the owner of any property concerned to any other person alleged or deemed responsible for or to be causing the nuisance, and an adequate opportunity to be heard, if the notice and opportunity for a hearing can be given. The notice of hearing to the owner and other persons concerned shall be given in writing:
a. By certified mail;
b. By service by a police officer, if their names and addresses are known;
c. By publication in a newspaper of general circulation within the City if the names or addresses are not known, and the peace, health, safety, morals or welfare of the person or public adversely affected would not be unduly jeopardized by the necessary delay.
D. Abatement By City; Assessment Of Costs:
1. If the Administrative Body finds that a nuisance does in fact exist, it shall direct the owner and/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 the 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 Administrative Body 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, as amended. The property owner shall have the right of appeal to the Board of City Commissioners from any order of the administrative officer. Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten (10) days after the administrative order is rendered.
2. The City Clerk shall send a statement of the cost of the 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, the cost shall constitute a debt to the City, collectible as other debts of the City may be collected.
E. When Summary Abatement Impractical: In cases where it is deemed impractical summarily to abate a nuisance as provided for in this chapter, the City may bring suit in the District Court of the County, as provided in 50 Oklahoma Statutes section 17, as amended, and it is hereby made the duty of the Board of City Commissioners, by the adoption of a resolution, to direct the bringing of suit in the proper court for the abating of the nuisance. (Ord. 02062017-2, 2-6-2017; amd. 2019 Code; Ord. 05112020-10, 5-11-2020)