A.
Intent, creation and maintenance of public nuisance prohibited; provisions of chapter not applicable to private nuisances.
(1)
The intent of this chapter is to safeguard public health, safety and welfare by addressing and removing unsanitary, unsafe and unhealthy conditions, as defined in this Code, Oklahoma Statutes, and the 2018 International Property Maintenance Code, as modified.
(2)
It shall be unlawful for any person or firm to create or maintain a public nuisance within the City, or to permit a public nuisance to remain on premises under the person or firm's control within the City. Public nuisances are expressly declared to be conditions detrimental to the health, safety, or welfare of the public.
(3)
The public is defined as any number of the inhabitants of the City or any neighborhood generally.
(4)
The enumeration of certain public nuisances shall be cumulative and not limit other provisions of law or ordinances defining nuisances, either in more general or more specific terms.
(5)
While the City supports an ongoing commitment to aesthetic values, situations which violate aesthetic standards but which do not create any actual or potential detriment to the health, safety, or welfare of the public are not "public nuisances" as the term is used in this chapter. Private nuisances are not "public nuisances" as the term is used in this chapter, and the provisions of this chapter shall not be used to interfere with the normal resolution of private nuisances through civil process or private action.
B.
Authority of officers to carry out duties of nuisance abatement; appeal of administrative orders.
(1)
Pursuant to the authority granted by the 11 O.S. §§ 22-111-22-112.4, the City hereby designates the City Manager as the hearing officer designated to carry out the duties specified herein (hereafter referred to as the "hearing officer"). The City Manager is hereby authorized to designate two alternative hearing officers to preside over the nuisance public hearings in his absence.
(2)
Pursuant to the authority granted by 11 O.S. §§ 22-111-22-112.4, the City hereby designates the employees of the community development department as the administrative officers (hereafter referred to as "code enforcement officers") to carry out the duties specified herein. Provided that this designation does not diminish the authority granted to state or county health officers, peace or police officers, or fire marshals, but instead, shall be interpreted as granting concurrent jurisdiction and authority.
(3)
The Code Enforcement Officer acting at his discretion, or upon order of the City Manager or his designee, shall cause public nuisances within the city to be abated in accordance with Oklahoma Statutes and this Code.
(4)
The property owner, or aggrieved person, shall have a right of appeal to the hearing officer where it is alleged there is an error in any notice, order or decision of the Code Enforcement Officer. Such appeal shall be taken by filing written notice of appeal with the City Clerk within 10 days after the notice or order is rendered, specifying the name and mailing address of the appellant and the grounds thereof.
(5)
An order or decision of the hearing officer may also be appealed to the City Council by the person against whom the order was directed, or a successor in interest, where it is alleged there is an error in any order or decision of the hearing officer; such appeal shall be taken by filing written notice of appeal with the City Clerk within 10 days after the notice or order is rendered, specifying the name and mailing address of the appellant and the grounds thereof.
(6)
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, with the exception of emergency abatements.
C.
General definition of nuisance. In addition to other public nuisances declared or defined by this Code or other provisions of law, or public nuisances expressly declared by the City Council to be conditions detrimental to the health, safety, or welfare of the public, the City hereby declares the following to be public nuisances:
(1)
The sale, or offering for sale, of unwholesome food or drink; or the keeping of a place where such sales or offerings are made.
(2)
The sale, offering for sale, or furnishing of intoxicating liquor in violation of state statutes or City ordinances; or the keeping of a place where intoxicating liquor is sold, offered for sale, or furnished in violation of state statutes or city ordinances.
(3)
The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents, or objects, or the keeping of a place where such are exposed, displayed, sold or distributed.
(4)
The keeping of a place in violation of where persons gamble, whether by cards, slot machines, punch boards or otherwise.
(5)
The keeping of a place where prostitution, illicit sexual intercourse, or other immoral acts are practiced.
(6)
The keeping of a place where repetitive activities in violation of state statutes or City ordinances are practiced or occur.
(7)
The repeated use of any real property or structure to commit a felony violation of the Oklahoma Uniform Controlled Dangerous Substances Act.
(8)
The public exposure of a person having a contagious disease.
(9)
The continued making of loud or unusual noises that annoy persons of ordinary sensibilities; or the keeping of an animal, which makes such noises.
(10)
The operation or use of any electrical apparatus or machine that materially or unduly interferes with radio or television reception by others.
(11)
Any use of a street or sidewalk, or a place adjacent thereto, which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk, or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance.
(12)
Permitting solid or liquid waste, or other solid or liquid, to flow or fall, or ice or snow to fall, from any building or structure upon any street or sidewalk.
(13)
All wells, pools, cisterns, bodies, or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, maintained, conditioned, or situated as to endanger public safety.
(14)
Rank or noxious weeds or grass, carcasses, accumulations of manure, refuse, or similar hazards, which are or are likely to be breeding places for flies, mosquitoes, rodents, vermin, or disease germs; and the premises on which such exist.
(15)
Any building, wall, fence, or other structure that has been damaged by fire, decay, or otherwise, and that is so situated as to endanger the safety of the public, or which are otherwise built, erected, or maintained in violation of any ordinance or code.
(16)
Any pit, hole, trench, or similar hazard that is so constructed, formed, maintained, conditioned, or situated as to endanger the public safety.
(17)
Any fire or explosion hazard that endangers or is likely to endanger public peace, health, safety, or welfare.
(18)
Any occupation or activity that endangers, or is likely to endanger public peace, health, safety, or welfare.
(19)
Any dismantled, junked, abandoned, or inoperable vehicles as defined herein.
(20)
The outside storage, disposal, or abandonment of any unused freezer, refrigerator, or similar device or appliances.
(21)
The operation or use of any electric fence controller, which:
(a)
Has not been approved by Underwriters Laboratories; or
(b)
Has nonfunctioning safety features within the electric fence controller; or
(c)
Is operated or used on property that has not been posted so as to notify those persons entering the controlled area in which the electric fence charger is used and present.
(22)
The construction of or maintenance of any fence, wall, or barrier, which alone or by trapping debris reduces the carrying capacity of any floodplain or drainage course; provided this chapter shall not prevent the erection of dams by landowners which form ponds, detention areas, or retention areas where the water is impounded or retained solely within the landowner's property unless such detention or retention overflows upon and negatively impacts adjacent or abutting property.
(23)
The accumulation of trash, garbage, rubbish, or other debris in such quantities and at such locations as to reduce the carrying capacity of any floodplain, drainage course or easement to such an extent as to create a threat of flooding to the persons or property of another at a location off the tract where the accumulation of trash, garbage, rubbish, or other debris is located.
(24)
Trees or tree limbs damaged or dead to the extent that a tree, limb, or tree part could fall and injure the general public.
(25)
Weeds, including but not limited to, poison ivy, poison oak, or poison sumac, and all vegetation at any state of maturity which exceeds a height of 12 inches, except healthy trees, shrubs, or produce for human consumption when grown in a tended and cultivated garden, unless such trees, shrubbery, or produce by their density or location constitute a detriment to the health, safety, or welfare of the public, or create a fire or traffic hazard, or harbor, conceal, or invite deposits or accumulations of trash, or harbor or invite rodents or vermin, or is dead or diseased.
(26)
The existence of graffiti, or the act of placing graffiti on any real or personal property, or altering or defacing any real or personal property of another without their consent through the use of paint, spray paint, markers, objects, or other substances capable of destroying property, which is offensive to a reasonably sensitive person.
(27)
Trash, including but not limited to, refuse, litter, ashes, leaves, tree limbs or brush, debris, paper, combustible materials, rubbish, offal or waste, or matter of any kind or form that is uncared for, discarded, or abandoned, including such trash on porches, patios, trailers, or similar vehicles and in carports.
(28)
Weeds and grass over 12 inches in height or debris of any type on undeveloped or partially developed property which is within 150 feet from any property zoned for any other use.
(29)
All trees, hedges, signs, or other obstructions, or any portion of the same, located within a site-distance triangle (as defined in the Zoning Code), which prevents persons driving vehicles approaching an intersection of streets from having a clear view of traffic approaching such intersection.
(30)
Abandoned buildings as defined herein.
D. ABANDONED BUILDING ADVERTISING BOARDING AND SECURING OR BOARDED AND SECURED CLEANING DILAPIDATED BUILDING(1) (2) (3) (4) (5) DISMANTLED, JUNKED, ABANDONED, OR INOPERABLE VEHICLES GRAFFITI MORTGAGE HOLDER MOWING AND MAINTENANCE RESPONSIBILITY OWNER PERSON PRIVATE NUISANCE PRIVATE PROPERTY PUBLIC NUISANCE REMOVAL, REMOVE, OR REMOVED TRASH UNSECURED BUILDING VEHICLE WEED(1) (a) (b) (c) (d) (e) (f) (2) (a) (b) (c) (d)
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
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.
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.
The closing, boarding, or locking of any or all exterior openings so as to prevent entry into the structure.
The removal of trash from property.
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.
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.
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.
A structure which has been boarded and secured, as defined by 11 O.S. § 22-112.1, for more than six consecutive months.
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.
The major parts thereof, including bodies, engines, transmissions, frames, and rear ends.
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 of record as shown by the most current county clerk records.
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.
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.
Any person, firm, partnership, association, corporation, company, or organization of any kind.
Every nuisance that is not a public nuisance.
Any real property which is not public property.
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.
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.
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.
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.
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.
Includes, but is not limited to, poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which:
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;
Regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash;
Harbors rodents or vermin;
Gives off unpleasant or noxious odors;
Constitutes a fire or traffic hazard; or
Is dead or diseased.
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.
Person responsible. Every successive owner and/or responsible party, including any tenant, of property who neglects to abate a continuing nuisance.
Time does not legalize. No lapse of time can legalize a public nuisance.