1.
A nuisance is unlawfully doing an act, or omitting to perform a duty,
or is any thing or condition, which either:
a.
Annoys, injures, or endangers the comfort, repose, health, or safety
of others;
b.
Offends decency;
c.
Unlawfully interferes with, obstructs, or tends to obstruct, or renders
dangerous for passage, any lake or navigable river, stream, canal,
or basin, or any public park, square, street, or other public property;
or
d.
In any way renders other persons insecure in life or in the use of
property.
2.
A public nuisance is one which affects at the same time an entire
community or neighborhood or any considerable number of persons, although
the extent of the annoyance or damage inflicted upon the individuals
may be unequal.
3.
Every nuisance not included in paragraph 2 above is a private nuisance.
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Note: For state law relating to nuisances, see particularly
Title 50, 1991 O.S.
Every successive owner of property who neglects to abate a continuing
nuisance upon or in the use of such property, created by a former
owner, is liable therefor in the same manner as the one who first
created it.
No lapse of time can legalize a public nuisance amounting to
an actual obstruction of public right.
The remedies against a public nuisance are:
As provided in Title 50,1991 O.S., Section 16, the city has
power to determine what is and what shall constitute a nuisance within
its corporate limits and, for the protection of the public health,
the public parks, and the public water supply, outside of its corporate
limits.
Whenever it is practical to do so, the city has power summarily
to abate any such nuisance after notice to the owner and an opportunity
for him to be heard, if this can be done.
1.
In addition to other public nuisances declared by other sections
of this Code or law, the following are hereby declared to be public
nuisances;
a.
The sale, or offering for sale, of unwholesome food or drink; or
the keeping of a place where such sales or offerings are made.
b.
The sale, offering for sale, or furnishing of intoxicating liquor
in violation of the state law or ordinances of the city; or the keeping
of a place where intoxicating liquor is sold, offered for sale, or
furnished in violation of the state law or ordinances of the city.
c.
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.
d.
The keeping of a place where persons gamble, whether by cards, slot
machines, punch boards, or otherwise.
e.
The keeping of a place where prostitution, illicit sexual intercourse,
or other immoral acts are practiced.
f.
The keeping of a place where activities in violation of state law
or ordinance are practiced or carried on.
g.
The conduct or holding of public dances in violation of the ordinances
of the city; or the keeping of a place where such dances are held.
h.
The public exposure of a person having a contagious disease.
i.
The continued making of loud or unusual noises which annoy persons
of ordinary sensibilities; or the keeping of an animal which makes
such noises.
j.
The operation or use of any electrical apparatus or machine which
materially and unduly interferes with radio or television reception
by others.
k.
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 ordinances.
l.
Permitting water or other liquid to flow or fall, or ice or snow
to fall, from any building or structure upon any street or sidewalk.
m.
All wells, pools, cisterns, bodies, or containers of water in which
mosquitoes breed or are likely to breed, or which are so constructed,
formed, conditioned, or situated as to endanger the public safety.
n.
Rank weeds or grass, carcasses, accumulations of manure, refuse,
or other things, which are, or are likely to be, breeding places for
flies, mosquitoes, vermin, or disease germs; and the premises on which
such exist.
o.
Any building or structure which is dangerous to the public health
or safety because of damage, decay, or other condition, or which is
unsightly.
p.
Any pit, hole, or other thing that is so constructed, formed, conditioned,
or situated as to endanger the public safety.
q.
Any fire or explosion hazard which endangers the public safety.
r.
Any occupation or activity which endangers the public peace, health,
morals, safety, or welfare.
s.
Except as provided in Section 3-5, paragraph 5, the keeping, owning or raising of bees within the City of Weatherford is a nuisance and an offense against the city.
t.
The above enumeration of certain public nuisances shall be cumulative
and not limit other provisions of law or ordinances defining public
or private nuisances either in more general or more specific terms.
1.
When, in the opinion of the city Building Inspector or any municipal
official, any building, wall or other structure upon, adjoining or
near any street, avenue, alley or public ground within the City of
Weatherford, becomes dangerous, insecure or liable to collapse from
inherent structural weakness or decay, or which, from fire damage
or other cause, becomes a menace to life or property, the same is
hereby declared to be a nuisance.
a.
Any such building shall be reported by the city Building Inspector
to the City Commission together with the lot and block number, the
owner (or his agent) and a description of the condition.
b.
Upon receipt of such report, the City Commission shall declare such
building or structure to be a nuisance and shall serve legal written
notice on the owner (or his agent) to wreck or remove the same.
c.
The City Commission shall fix a time and a place at which the owner
or his agent may appear and show cause why such building shall not
be condemned.
d.
Upon the aforesaid date, the City Commission shall hear all objections
and evidence in relation thereto and unless the owner can show good
and sufficient reason why the building should not be condemned, the
original order of the City Commission shall be executed.
e.
The City Commission shall fix a reasonable time for the owner to
comply with the order. At the expiration of such time, if the owner
(or agent) has not complied with the order, the City Commission shall
cause the building or structure to be torn down.
f.
The materials salvaged in wrecking the building or structure shall
be sold at public or private sale and the proceeds used to defray
the city's expenses in wrecking the building; any unexpended
balance shall be returned to the owner. If such proceeds be insufficient
therefor, the balance shall be provided from whatever municipal fund
available, and the amount thereof shall be levied against the lot
or tract of land upon which the building was located (in the manner
provided by law for assessment and levy of other special taxes.)
2.
Any municipal official shall have the right to stop the construction
of any building or structure, or the alteration, repair or wrecking
of the same, if the same is being done in a careless or reckless manner,
or in violation of the provisions of this Code of Ordinances.
Reference: Title 11, 1991 O.S., Section 22-112.
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 of the public generally. It is recognized that circumstances
may be such as to justify, and even to require, the City Administrator
or other appropriate officer or agency of the city 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.
2.
The Chief of the Fire Department, the Chief of Police, the City Attorney,
the Building Inspector, the Electrical Inspector, the Plumbing Inspector,
or any other officer subordinate to the City Administrator, may submit,
through or with the consent of the City Administrator to the City
Commission 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. The City Administrator himself, the Health Officer,
any Commissioner, or any resident or residents of the city may submit
such a statement and request or recommendation to the City Commission.
3.
The City Commission shall determine whether or not the alleged nuisance
is a nuisance in fact. For the purpose of gathering evidence on the
subject, the City Commission shall have power to subpoena and examine
witnesses, books, papers, and other effects. Before proceeding to
abate the nuisance or to have it abated, the Commission shall give
notice of a hearing on the proposed abatement to the owner of any
property concerned and to any other person alleged or deemed responsible
for or to be causing the nuisance, and an adequate opportunity to
be heard, if such notice and opportunity for a hearing can be given
in writing by mail or by service by a police officer if their names
and addresses are known; but, if the names and 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 hearing shall be published in
a paper general circulation within the city.
4.
If the City Commission 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 such peace, health, safety, morals, or welfare of the person
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 Commission shall summary abatement,
as authorized by Title 50, 1991 O.S., Section 16. The owner and/or
other persons responsible for or causing the nuisance, as may be just
under the circumstance, if their name and addresses are known. Until
paid, such cost shall constitute a debt to the city, collectible as
other debts of the city may be collected.
In cases where it is deemed impractical summarily to abate a
nuisance, the city may bring suit in the District Court of the county
where the nuisance is located, as provided in Title 50, 1991 O.S.,
Section 17.
It is unlawful for any person (owner, lessee, or other) to create
or maintain a nuisance within the city, or to permit a nuisance to
remain on premises under his control within the city.
