[HISTORY: Adopted by the City Council of the City of El Reno 5-9-2023 by Ord. No. 9325. Amendments noted where applicable.]
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.
A.
Abatement. Unless noted elsewhere, the Code Enforcement Officer shall
abate public nuisances in this Code, pursuant to 11 O.S. §§ 14-111
et seq. and 22-111 et seq.
B.
Summary abatement. Pursuant to 11 O.S. § 22-111 et seq.,
if it is anticipated that summary abatement of a public nuisance for
excessive weed or grass growth, or accumulations of trash or debris
will be required, the notice shall state that any accumulations of
trash or excessive weed or grass growth on the owner's property
occurring within six months from and after the date of the notice
may be summarily abated by the City and that all costs of such abatement
shall be assessed against the owner and a lien may be imposed on the
property to secure such payment, all without further prior notice
to the property owner.
C.
The City shall follow the notice requirements set out in 11 O.S.
§ 22-111 for invoicing the property owner for abatement
costs.
A.
Abatement and summary abatement. The Code Enforcement Officer shall
abate graffiti pursuant to 11 O.S. § 22-112.2 et seq.
B.
The property owner may sign a waiver with the City authorizing the
City immediate access to their property for the purpose of graffiti
removal at no cost to the property owner.
A.
The City may abate the public nuisance caused by an abandoned building
within the City limits pursuant to 11 O.S. § 22-112.4 et
seq.
B.
The City may cause dilapidated buildings within the City limits to
be torn down pursuant to 11 O.S. § 22-112 et seq.
C.
Nothing in the provisions of this section shall prevent the City
from abating a dilapidated building as a nuisance or otherwise exercising
its police power to protect the health, safety, or welfare of the
general public.
D.
The officers, employees, or agents of the City shall not be liable
for any damages or loss of property due to the removal of dilapidated
buildings performed pursuant to the provisions of this section or
as otherwise prescribed in 11 O.S. § 22-112 et seq.
E.
The officers, employees or agents of the City shall not be liable
for any damages or loss of property due to the abatement of the public
nuisance caused by an abandoned building performed pursuant to the
provisions of this section or as otherwise prescribed in 11 O.S. § 22-112.4
et seq.
Abatement. The city may cause the boarding and securing of abandoned
or dilapidated buildings within the city limits in accordance with
11 O.S. §§ 22-112.1 and 22-112.4.
A.
Certain vehicles prohibited. No person shall park, store, leave or
permit the parking, storing, or leaving of any partially dismantled,
nonoperating, wrecked, or junked vehicle in the open upon public or
private property, regardless of the zoning district, or on a public
street, for a period exceeding 48 hours, unless such vehicle or the
parts thereof are stored within a fully enclosed building, or are
stored on property lawfully designated under the zoning ordinances
as a place where such vehicles may be stored.
B.
Nuisance declared. The accumulation or storage of one or more vehicles or parts thereof as described in § 246-6A, or in violation of the parking or zoning ordinances of the City of El Reno, shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the City of El Reno. It shall be the duty of the owner of such vehicle or the parts thereof, or the owner of the private property or the lessee or other person in possession or control of the property upon which such vehicle is located, to remove the vehicle from such property or have the vehicle housed in a building where it will not be visible from the street or from other private property. The removal or enclosure shall be made within five days after the notice has been given to the owner of the vehicle or the owner, lessee or person in control of the property upon which such vehicle is located. The time may be extended by the enforcement official in the case of an obvious hardship.
C.
Abatement procedures.
(1)
The Code Enforcement Officer, acting at his discretion or upon order
of the City Manager, or designee, may cause a notice to be posted
on any vehicle constituting a nuisance as defined in this section.
Such notices shall state that the vehicle is a nuisance and shall
be removed, repaired or completely enclosed within a building within
five days after such notice is posted.
(2)
If the owner of such vehicle or the parts thereof, or the owner of
the private property or the lessee or other person in possession or
control of the property upon which such vehicle is located, fails
to repair or remove the vehicle from such property, or to have the
vehicle housed in a building where it will not be visible from the
street or from other private property, or otherwise fails to comply
with the notice, the Code Enforcement Officer or City Police may issue
a citation to the owner and/or may cause the vehicle posted with the
notice to be towed from the property at the owners expense. The owner
shall be responsible for all towing and storage costs associated with
the towing of the vehicle.
A.
Immediate abatement. If such nuisance exists in a condition which
will cause imminent danger or peril to life or property, or in such
a condition so menacing to the public health, peace, or safety, the
Code Enforcement Officer may proceed to abate the nuisance immediately
without prior notice; provided, however, that notice and an opportunity
to be heard shall be afforded the property owner as soon as possible
after abatement.
B.
Emergency abatement procedures.
(1)
Upon determination that a nuisance constitutes an emergency, the
Code Enforcement Officer shall prepare an emergency order of abatement,
to be mailed to the property owner and mortgage holder. The Code Enforcement
Officer will submit to the Director of the Department of Community
Development a copy of the order, along with justification for the
emergency abatement.
(2)
The Director of Community Development will approve or deny the request;
if approved, the director will submit his recommendation to the City
Manager, or designee.
(3)
Upon approval of the City Manager, or designee, a copy of the emergency
order, along with the approval, will be forwarded for commencement
of the emergency abatement; said abatement shall begin upon receipt
or as soon as practical within 24 hours of receipt.
(4)
At the time of the emergency abatement, the Code Enforcement Officer
will post a copy of the emergency order of abatement conspicuously
upon the property. The abatement crew will obtain photographs of the
property immediately prior to commencement of the abatement and after
abatement is completed.
(5)
At the conclusion of the emergency abatement, all costs will be submitted
for invoicing pursuant to § 246-2A(6) through (8).
Pursuant to 11 O.S., this Code shall not apply to property zoned
and used for agricultural purposes or to railroad property under the
jurisdiction of the Oklahoma Corporation Commission. However, the
City may cause the removal of weeds or trash from property zoned and
used for agricultural purposes pursuant to the provisions of this
section but only if such weeds or trash pose a hazard to traffic and
are located in, or within 10 yards of, the public right-of-way at
intersections.
All encroachments into and upon the sidewalks, streets, avenues,
alleys, and other property of the City of El Reno, except as may be
authorized by law or ordinance, are prohibited. All such encroachments
upon the sidewalks, streets, avenues, alleys and other property of
the City of El Reno, except as may be authorized by law or ordinance,
shall be removed at the expense of the owner or occupier of the grounds
fronting thereon, or at the expense of the person placing the encroachment
there.
A.
Any person, firm, or corporation, partnership or other legal entity who anywhere within the City of El Reno commits any nuisance, either as principal or accessory, or who knowingly permits the creation or maintenance of any nuisance on any property owned or occupied, or managed, or leased by him/herself as defined in this chapter shall be punishable as provided in § 1-10 of this Code.
B.
Each and every violation, and each day of each violation, shall be
a separate offense.
C.
In addition to penalties provided in this chapter, an administrative
fee, as set by the City Council, shall be charged and assessed against
the owner when a property is abated to offset the administrative costs
for processing the said abatement.
State law references applicable to this chapter are as follows:
|
Nuisances, generally, 50 O.S
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Public health and safety, 63 O.S. § 1-1011 (health
nuisance-removal-costs)
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Public health and safety, 63 O.S. § 1-209 (health
authorities)
|
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Cities and towns, 11 O.S. § 22-111 (cleaning and mowing
of property)
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Cities and towns, 11 O.S. § 22-112 (condemnation of
dilapidated buildings)
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Cities and towns, 11 O.S. § 22-112.1 (removal of dilapidated
buildings)
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Cities and towns, 11 O.S. § 22-112.2 (graffiti removal)
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Cities and towns, 11 O.S. § 22-112.4 (abandoned building)
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Cities and towns, 11 O.S. § 22-121 (authority to define
nuisances)
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Cities and towns, 11 O.S. § 36-107 (encroachments
and obstructions in streets)
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