Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ABANDONED BUILDING
Any building located within the City that is not currently
occupied and has been declared unsecured or dilapidated pursuant to
11 O.S. §§ 22-112 or 22-112.1 and remains in such condition.
An abandoned buildings shall constitute a public nuisance because
it is a) detrimental to the public health, safety, or welfare of the
inhabitants of and visitors to the City; b) causes increased City
regulatory costs and increased City policy and fire protection costs;
and c) devalues abutting and nearby real properties.
ADVERTISING
Any letter, word, name, number, symbol, slogan, message,
drawing, picture, writing, or other mark of any kind lawfully placed
on property by an owner or tenant of the property, or an agent of
such owner or tenant, for the purpose of promoting products or services
or conveying information to the public.
CLEANING
The removal of trash from property.
DILAPIDATED BUILDING
(1)
A structure which, through neglect or injury, lacks necessary
repairs or otherwise is in a state of decay or partial ruin to such
an extent that the structure is a hazard to the health, safety, or
welfare of the general public.
(2)
A structure which is unfit for human occupancy due to the lack
of necessary repairs and is considered uninhabitable or is a hazard
to the health, safety, and welfare of the general public.
(3)
A structure which is determined by the City to be an unsecured
building, as defined by 11 O.S. § 22-112.1, more than three
times within any twelve-month period.
(4)
A structure which has been boarded and secured, as defined by
11 O.S. § 22-112.1, for more than six consecutive months.
(5)
Unfit for human occupancy means a structure that due to lack
of necessary repairs is considered uninhabitable and is a hazard to
the health, safety, and welfare of the general public.
GRAFFITI
Without limitation, any letter, word, name, number, symbol,
slogan, message, drawing, picture, writing, or other mark of any kind
visible to the public that is drawn, painted, chiseled, scratched,
or etched on a rock, tree, wall, bridge, fence, gate, building, or
other structure; provided, this definition shall not include advertising
or any other letter, word, name, number, symbol, slogan, message,
drawing, picture, writing, or other mark of any kind lawfully placed
on property by an owner of the property, a tenant of the property,
or by an authorized agent for such owner or tenant.
MORTGAGE HOLDER
Mortgage holder of record as shown by the most current county
clerk records.
MOWING AND MAINTENANCE RESPONSIBILITY
Any owner, tenant, or other person responsible for private
property shall mow and maintain the entire property including all
yards, rights-of-way, easements and alleys unless the rights-of-way,
easements and alleys are expressly designated to be maintained by
a designated government authority.
OWNER
The owner of record as shown by the most current tax rolls
of the County Treasurer's office or the most current County Clerk
records.
PERSON
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
PUBLIC NUISANCE
A nuisance that affects at the same time an entire community,
neighborhood, or any considerable number of persons although the extent
of the annoyance or damage inflicted upon the individuals may be unequal.
REMOVAL, REMOVE, OR REMOVED
When used in relation to the eradication of graffiti, means
the act of taking graffiti off of, or masking the presence of graffiti
on a rock, tree, wall, bridge, fence, gate, building, or other structure.
TRASH
Any refuse, litter, ashes, leaves, debris, paper, combustible
materials, rubbish, offal, or waste, or matter of any kind or form
which is uncared for, discarded, or abandoned.
UNSECURED BUILDING
Any structure which is not occupied by a legal or equitable
owner thereof, or by a lessee of a legal or equitable owner, and into
which there are one or more unsecured openings, such as broken windows,
unlocked windows, broken doors, unlocked doors, holes in exterior
walls, holes in the roof, broken basement or cellar hatchways, unlocked
basement or cellar hatchways, or other similarly unsecured openings
which would facilitate an unauthorized entry into the structure.
VEHICLE
Any motor vehicle, automobile, truck, trailer, motorcycle,
recreational vehicle, tractor, buggy, wagon, or self-propelled farm
or construction equipment. Vehicle in the singular shall be interpreted
as meaning the plural when multiple operable and/or inoperable vehicles
exist on a property.
WEED
(1)
Includes, but is not limited to, poison ivy, poison oak, or
poison sumac and all vegetation at any state of maturity which:
(a)
Exceeds 12 inches in height, except healthy trees, shrubs, or
produce for human consumption, grown in a tended and cultivated garden
unless such trees and shrubbery by their density or location constitute
a detriment to the health, benefit and welfare of the public and community
or a hazard to traffic or create a fire hazard to the property or
otherwise interfere with the mowing of said weeds;
(b)
Regardless of height, harbors, conceals, or invites deposits
or accumulation of refuse or trash;
(c)
Harbors rodents or vermin;
(d)
Gives off unpleasant or noxious odors;
(e)
Constitutes a fire or traffic hazard; or
(2)
The term "weed" shall not include tended crops on land zoned
for agricultural use which are planted more than 150 feet from a parcel
zoned for other than agricultural use.
(a)
Person responsible. Every successive owner and/or responsible
party, including any tenant, of property who neglects to abate a continuing
nuisance.
(b)
Time does not legalize. No lapse of time can legalize a public
nuisance.
(c)
Remedies against a public nuisance. The remedies against a public
nuisance are:
[1]
Prosecution on complaint before the municipal court in accordance with §
1-10 of this Code; and/or
[2]
Prosecution on information or indictment before another appropriate
court; and/or
[4]
Abatement:
[a]
By person injured by the nuisance as provided in 50 O.S. § 12.
[b]
By the City in accordance with this Code or other law.
(d)
Remedies against private nuisances. The City of El Reno does
not abate and/or enforce private nuisances. The remedies against a
private nuisance are:
[2]
Abatement by any person injured by the nuisance as provided
in 50 O.S. §§ 14 and 15.