§ 91.001 ENFORCEMENT OF HEALTH ORDINANCES.

(A) As used in this chapter, HEALTH OFFICER shall mean the Director of the County Health Department or his or her authorized agent, and the Town Police Chief.

(B) It is the intent of the town to delegate the enforcement of its health ordinances, but that any such enforcement decisions shall be subject to review by the Town Board upon appeal.

(Prior Code, § 8-501) (Ord. 2012-05, passed 9-11-2012)

§ 91.002 OBSTRUCTING HEALTH OFFICER.

It is unlawful for any person to willfully obstruct or interfere with any Health Officer or physician charged with the enforcement of the health laws of this town.

(Prior Code, § 8-502) Penalty, see § 91.999

§ 91.003 QUARANTINE; VIOLATIONS.

It is unlawful for any person to willfully violate or refuse or omit to comply with any lawful order, direction, prohibition, rule, or regulation of the Board of Health or any officer charged with enforcement of such order, direction, prohibition, rule, or regulation.

(Prior Code, § 8-503)

§ 91.004 FOOD REGULATIONS.

(A) Food service; regulations.

(1) (a) The latest edition of the “Oklahoma State Department of Health Rules and Regulations Pertaining to Food Establishments” is hereby adopted and incorporated in this code by reference.

(b) At least one copy of the rules and regulations shall be on file in the office of the Town Clerk/Treasurer.

(c) The rules and regulations shall govern the definitions; inspection of food service establishments; the issuance, suspension, and revocation of permits to operate food service establishments; the prohibiting of the sale of adulterated or misbranded food or drink and the enforcement of this section.

(2) Any person who violates any of the provisions of this section shall be guilty of misdemeanor and, upon conviction thereof, shall be punished as provided in § 10.99. In addition thereto, any person convicted of violation may be enjoined from continuing the violation.

(Prior Code, § 8-201)

(B) Milk ordinance adopted.

(1) Part II of the Grade A Pasteurized Milk Ordinance, recommended by the U.S. Public Health Service, is hereby adopted and incorporated by reference to govern and regulate the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of milk and milk products sold for ultimate consumption within the town limits or its police jurisdiction; the inspection of dairy farms, dairy herds, and milk plants; the issuing and revocation of permits to milk producers, haulers, and distributors.

(2) At least one copy of the Pasteurized Milk Ordinance shall be filed in the office of the appropriate official. Sections 9, 16, and 17 of the abridged ordinance, as amended in 2019, shall be replaced, respectively, by division (C) below and division (A) above.

(Prior Code, § 8-202)

(C) Grade requirements. Only Grade A pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores or similar establishments; provided, that in an emergency, milk which is ungraded or the grade which is unknown, may be authorized by the health authority, in which case, such milk and milk products shall be labeled “ungraded.”

(Prior Code, § 8-203)

§ 91.015 NUISANCE DEFINED; PUBLIC AND PRIVATE NUISANCES.

(A) Definitions.

(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 (A)(2) above is a PRIVATE NUISANCE.

(Prior Code, § 8-301)

(B) Certain public nuisances in the town defined.

(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 town; or keeping of a place where intoxicating liquor is sold, offered for sale, or furnished in violation of the state law or ordinance of the town;

(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, punchboards, 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 public exposure of a person having a contagious disease;

(h) The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others;

(i) 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;

(j) 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;

(k) 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;

(l) Any building or structure which is dangerous to the public health or safety because of damage, decay, or other condition;

(m) Any pit, hole, or other thing which is so constructed, formed, conditioned, or situated as to endanger the public safety;

(n) Any fire or explosion hazard which endangers the public safety;

(o) Any occupation or activity which endangers the public peace, health, morals, safety, or welfare; or

(p) Any motor vehicle (whether in operating condition or not) or any trailer without a current vehicle plate as required by law for vehicles used on the public highways, when stored or kept in a residence district.

(2) 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.

(Prior Code, § 8-307)

§ 91.016 PERSONS RESPONSIBLE.

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.

(Prior Code, § 8-302)

§ 91.017 TIME DOES NOT LEGALIZE.

The passage of time does not confer legality upon a public nuisance that constitutes a tangible impediment to public rights.

§ 91.018 REMEDIES.

(A) Remedies against public nuisances. The remedies against a public nuisance are:

(1) Prosecution on complaint before the Municipal Court;

(2) Prosecution on information or indictment before another appropriate court;

(3) Civil action; or

(4) Abatement:

(a) By person injured as provided in 50 O.S. § 12; or

(b) By the town in accordance with law or ordinance.

(Prior Code, § 8-304)

(B) Remedies against private nuisances. The remedies against a private nuisance are:

(1) Civil action; or

(2) Abatement:

(a) By person injured as provided in 50 O.S. §§ 14 and 15; or

(b) By the town in accordance with law or ordinance.

(Prior Code, § 8-305)

§ 91.019 POWER TO DEFINE AND SUMMARILY ABATE NUISANCES.

(A) As provided in 50 O.S. § 16, the town 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.

(B) Whenever it is practical to do so, the town has the power summarily to abate any such nuisance after notice to the owner and an opportunity for him or her to be heard, if this can be done.

(Prior Code, § 8-306)

§ 91.020 ABATEMENT BY SUIT IN DISTRICT COURT.

In cases where it is deemed impractical summarily to abate a nuisance the town may bring suit in the District Court of the county where the nuisance is located, as provided in 50 O.S. § 17.

(Prior Code, § 8-309)

§ 91.021 NUISANCE UNLAWFUL.

It is unlawful for any person, including but not limited to any owner, leasee, or other person to create or maintain a nuisance within the town or to permit a nuisance to remain on premises under his or her control within the town.

(Prior Code, § 8-310) Penalty, see § 91.999

§ 91.022 HEALTH NUISANCES; ABATEMENT.

(A) Pursuant to authority granted by 63 O.S. § 1-1011, the Health Officer shall have authority to order the owner or occupant of any private premises in the town to remove from such premises, at his or her own expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within 24 hours, or within such other time as may be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, by the Health Officer or by a police officer or a copy thereof may be left at the last usual place of abode of the owner, occupant or agent, if known and within the state. If the premises are unoccupied and the residence of the owner, occupant or agent is unknown, or is without the state, the order may be served by posting a copy thereof on the premises or by publication in at least one issue of a newspaper having a general circulation in the town.

(B) (1) If the order is not complied with, the Health Officer may cause the order to be executed and complied with and the cost thereof shall be certified to the Town Clerk/Treasurer, and the cost of removing or abating such nuisance shall be added to the water bill or other town utility bill of the owner or occupant if he or she is a user of water from the town water system or such other utility service.

(2) The cost shall be treated as a part of such utility bill to which it is added and shall become due and payable, and subject to the same regulations relating to delinquency in payment as the utility bill itself.

(3) If such owner or occupant is not a user of any town utility service, such cost, after certification to the Town Clerk/Treasurer, may be collected in any manner in which any other debt due the town may be collected.

(Prior Code, § 8-311)

§ 91.023 PROCEDURE CUMULATIVE.

The various procedures for abating nuisances prescribed by this subchapter and by other provisions of law and ordinance shall be cumulative on to any other penalties or procedures authorized.

(Prior Code, § 8-312)

§ 91.024 JAKE-BRAKING.

(A) It shall be unlawful for the driver of any vehicle to use or operate, or cause to be used or operated, within the town any mechanical exhaust device, or motor brake, designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual, or explosive noise from such vehicle, or otherwise engage in what is known as “jake-braking.” However, it is an affirmative defense to a violation of this section that motor-braking was used on an emergency basis to avoid damage to property or a personal injury.

(B) Enforcement of this section shall be delayed until signs have been posted on all major roadways entering or bypassing the town. Said signs shall be posted on or near said roadways stating in language similar to:

§ 91.035 ACCUMULATION OF TRASH OR WEEDS UNLAWFUL.

It is unlawful for any owner or occupant of any lot, tract, or parcel of land situated wholly or in part within the corporate limits of the town to allow trash or weeds to grow, stand, or accumulate upon such premises. It is the duty of such owner or occupant to remove or destroy any such trash or weeds.

(Prior Code, § 8-101) Penalty, see § 91.999

§ 91.036 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OWNER. The owner of record as shown by the most current tax rolls of the County Treasurer. TRASH. Any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, waste, or matter of any kind or form which is uncared for, discarded, or abandoned.

WEEDS.

(1) Includes, but is not limited to, poison ivy, poison oak, or poison sumac and all vegetation at any stage of maturity which:

(a) Exceeds 12 inches in height, except healthy trees, shrubs, or produce for human consumption or 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 of a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of the 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

(f) Is dead or diseased.

(2) The term WEED does 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.

(Prior Code, § 8-102)

§ 91.037 REPORTS OF ACCUMULATION OF GRASS, WEEDS, OR TRASH ON PROPERTY.

Any officer or employee of the town who discovers an accumulation of trash or the growth of grass and weeds, or both these conditions, upon any premises within the limits of the town, shall report the condition to the Town Clerk/Treasurer if, as a result of the accumulation or growth, the premises appear to be:

(A) Detrimental to the health, benefit, and welfare of the public and the community;

(B) A hazard to traffic;

(C) A fire hazard to property; or

(D) Any two or more of these conditions.

(Prior Code, § 8-103)

§ 91.038 RECEIPT OF REPORT, HEARING, OR NOTICE.

(A) Upon receiving the report provided for in § 91.037, or upon receipt of equivalent information from any reliable source, the Town Clerk/Treasurer shall give written notice of the provisions of this section and that premises are in violation of § 91.035 by forwarding a copy thereof by certified mail with return receipt requested to the owner of the property at the address shown by the current year’s tax rolls in the office of the treasurer of the county in which the property is located. If the return receipt shows that the property owner cannot be located, notice shall be given by publication in a newspaper of general circulation one time not less than ten days prior to the date of a hearing by the Board of Trustees or before it takes action.

(B) At least ten days from the date of receipt of the notice by the owner or the date of publication and upon the date specified in the notice, the Town Board shall hear the matter and shall receive information thereon, including anything which may be presented by the owner of the premises, personally or by agent or attorney. If the Board determines that any of the conditions specified in § 91.037 exist upon the premises, it may order the property to be cleaned of trash, or other trash or weeds to be cut, removed, or destroyed unless within ten days from the date of receipt of the notice or date of publication the owner either:

(1) Cuts, removes, or destroys the trash or weeds in accordance with the notice; or

(2) Gives written consent authorizing the town to abate the trash or weeds, thereby waiving his or her right to a hearing.

(Prior Code, § 8-104)

§ 91.039 RIGHT OF ENTRY, WORK DONE BY EMPLOYEES OR CONTRACT.

(A) Upon finding that the condition of the property constitutes a detriment or hazard as specified in § 91.037, and that the property would be benefited by the removal of such conditions, the agents of the town are granted the right of entry on the property to remove trash, mow weeds or grass, and perform necessary duties as a governmental function.

(B) The work ordered to be performed under § 91.038 may be done by the employees of this town under supervision of the town, or it may be let by contract in the manner for letting other contracts.

(Prior Code, § 8-105)

§ 91.040 DETERMINATION AND ASSESSMENT OF COSTS.

Upon the completion of the work ordered to be performed under § 91.039, the Town Clerk/Treasurer shall report the cost thereof to the Town Board. Such report shall be itemized as to each tract of property involved as follows: labor, machinery rental or depreciation, fuel and supplies, cost of notice, other costs and indirect costs of 5% of direct actual costs. The Board shall examine the report and, after receiving appropriate information, shall determine the total costs of the work. The Board shall direct the Town Clerk/Treasurer to forward a statement and demand payment of the total cost by certified mail with return receipt requested to the owner of the property at the address shown by the current tax rolls in the office of the treasurer of the county in which the property lies.

(Prior Code, § 8-106)

§ 91.041 LIEN ON PROPERTY.

(A) If the costs of the work performed under this subchapter are not paid within 30 days from the date of mailing the notice prescribed by § 91.040 hereof, the Town Clerk/Treasurer shall forward a certified statement of the amount of the costs to the treasurer of the county in which the property upon which the work was done is located, in order that the amount be levied upon the property and be collected by the County Treasurer in the manner prescribed by the law of this state.

(B) The lien is coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid.

(C) At any time prior to collection as provided in this section the town may pursue any civil remedy for collection of the amount owing and interest thereon.

(D) Upon receiving payment, if any, the Town Clerk/Treasurer shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.

(Prior Code, § 8-107)

§ 91.042 BOARD MAY DESIGNATE OFFICER TO PERFORM DUTIES, APPEALS.

(A) The Town Board may designate an administrative officer to carry out the duties of the Town Board in §§ 91.035 through 91.041. The property owner shall have a right of appeal to the Town Board from any order of the administrative officer.

(B) Such appeal shall be taken by filing written notice of appeal with the Town Clerk/Treasurer within ten days after the administrative hearing.

(Prior Code, § 8-108)

§ 91.043 DEPOSITING RUBBISH.

It is unlawful for any person to throw, place, or deposit any rubbish, trash, slop, garbage, filthy substance, grass, weeds, trees, brush, or any other refuse or waste matter in any street, avenue, alley, or in any ditch or watercourse, or upon the premises of another, or upon any public ground in this town.

(Prior Code, § 8-109) Penalty, see § 91.999

§ 91.044 REMOVAL OF DEAD ANIMALS.

The owner or any person having charge of any animal dying in this town shall, within 24 hours after the death of such animal, remove its carcass. Failure to do so shall constitute a misdemeanor.

(Prior Code, § 8-110) Penalty, see § 91.999

§ 91.045 LITTERING.

(A) LITTERING is defined as throwing any trash, refuse, waste paper, tin can, bottles, or any other object or substance whatever upon the public streets, alleys, roadways, and sidewalks of the town or upon any real property owned or occupied by another.

(B) It is unlawful for any person to litter.

(Prior Code, § 8-111) Penalty, see § 91.999

§ 91.046 LITTERING FROM AUTOMOBILES.

It is unlawful for any person to throw from any automobile or motor vehicle being operated and driven upon and over the streets, alleys, and roadways of the town any litter, trash, waste paper, tin cans, or any other substance or refuse whatsoever.

(Prior Code, § 8-112) Penalty, see § 91.999

§ 91.047 LITTER NOT TO ACCUMULATE ON PROPERTY.

(A) It is unlawful for any person, firm, or corporation, occupying any real property, either as tenant or owner, to allow trash, waste paper, litter objects, bottles, tin cans, or any other used or disposed of objects to accumulate upon such real property or premises being so occupied or rented to such an extent as to constitute a littering nuisance.

(B) It is unlawful for any person, firm, or corporation occupying any real property, either as tenant or owner, to allow accumulated trash, waste paper, litter objects, bottles, tin cans, or any other used or disposed of objects to be carried from the occupied premises, either by the wind, elements, or otherwise to any adjoining or other real estate not so owned or occupied by the offender.

(Prior Code, § 8-113) Penalty, see § 91.999

§ 91.060 NUISANCE.

Motor vehicles which are abandoned, dismantled, partially dismantled, wrecked, junked, inoperative, or discarded, or left about the town in places other than authorized junk yards or other areas authorized by the Town Board and which tend to do any one or more of the following:

(A) Impede traffic in the streets;

(B) Reduce the value of private property;

(C) Create fire hazards;

(D) Extend and aggravate urban blight; or

(E) Result in a serious hazard to the public health, safety, comfort, convenience, and welfare of the residents of the town, are hereby declared to be a nuisance.

(Prior Code, § 8-401)

§ 91.061 DEFINITIONS.

For the purpose of this subchapter, the following terms, phrases, words, and their derivatives shall have the meaning given herein.

JUNK MOTOR VEHICLE. Any motor vehicle, which does not have lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle safety inspection certficate, and the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned, or discarded. MOTOR VEHICLE. Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, and trailers.

PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.

PRIVATE PROPERTY. Any real property within the town which is privately owned and which is not public property as defined in this section.

PUBLIC PROPERTY. Any street, alley, or highway which shall include the entire width between the boundary lines of every way publicly owned or maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

(Prior Code, § 8-402)

§ 91.062 STORING, PARKING, OR LEAVING DISMANTLED OR OTHER SUCH MOTOR VEHICLES PROHIBITED AND DECLARED NUISANCE; EXCEPTIONS.

(A) No person shall park, store, leave, or permit the parking, storing, or leaving of any junk motor vehicle or vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled condition whether attended or not, upon any public or private property within the town for a period of time in excess of ten days.

(B) The presence of an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled vehicle or parts thereof, on private or public property is hereby declared a public offense and misdemeanor.

(C) Any such vehicle on private property shall be removed by the town or its agent after at least ten days’ notice is given by posting notice on the vehicle and any other notice required by law. Any such vehicle on public property shall be removed by the town or its agent in accordance with Ch. 70. The costs of removal and storage shall be charged to the owner of the vehicle and constitute a lien against the vehicle,

(D) This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held, stored, or parked in connection with a business enterprise lawfully licensed by the town and on property operated in the appropriate business zone, pursuant to zoning laws of the town, nor shall this section apply to a town owned vehicle in an appropriate storage place maintained in a lawful place by the town.

(Prior Code, § 8-403)

§ 91.075 REMOVAL, ABATEMENT; NOTICE, PROCEDURES; LIEN.

The governing body may cause dilapidated buildings within the town’s municipal limits to be torn down and removed in accordance with the provisions of this section.

(A) At least ten days’ notice that a building is to be torn down or removed shall be given to the property owner before the governing body holds a hearing. A copy of the notice shall be posted on the property, and mailed to the property owner at the address shown by the County Treasurer’s current year’s tax rolls. Notice shall also be mailed to any mortgagee at the mortgagee’s last known address as shown by the County Clerk’s records. The governing body shall obtain a mailing receipt from the postal service that indicates the mailing date and each recipient’s name and address. However, if neither the property owner nor mortgagee can be located, notice may be given by posting a copy of it on the property, or by publication as defined in 11 O.S. § 1-102. This notice may be published once not less than ten days prior to any hearing or action by the governing body pursuant to the provisions of this section.

(B) A hearing shall be held by the governing body to determine if the property is dilapidated and has become detrimental to the general public’s health, safety, or welfare, or if the property creates a fire hazard that is dangerous to other property.

(C) Upon finding that the property’s condition constitutes a detriment or hazard and that removal of the detrimental or hazardous conditions would benefit the property, the governing body may cause the dilapidated building to be torn down and removed. The governing body shall set reasonable dates for the work to begin and end. The Town Clerk/Treasurer shall immediately file a notice of dilapidation and lien with the County Clerk’s office describing the property, the findings of the governing body at the hearing, and stating the town claims a lien on the property for the destruction and removal costs and that the costs are the personal obligation of the property owner from the date of filing of the notice. The agents of the town are granted the right of entry on the property for the performance of the necessary duties as a governmental function if the work is not performed by the property owner within dates set by the governing body.

(D) The governing body shall determine the actual cost to dismantle and remove the dilapidated building, including other necessary expenses such as the costs to notify and mail. The Town Clerk/Treasurer shall forward a statement of the actual cost and a demand for payment by mail to the property owner. In addition, a copy of the statement shall be mailed to any mortgagee at the address described in division (A) above. The governing body shall obtain a mailing receipt from the postal service that indicates the date of mailing and each recipient’s name and address. The cost to the property owner shall not exceed the actual cost required to dismantle and remove the building. If the work is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.

(E) (1) If payment is received within six months from the date the cost statement is mailed to the property owner, the Town Clerk/Treasurer shall file a release of lien. If not, the Town Clerk/Treasurer shall send a certified cost statement to the County Treasurer. Once certified to the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided in this section. The cost shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until paid, the cost and any interest thereon shall be the property owner’s personal obligation from the date the notice of dilapidation and lien is filed with the County Clerk. In addition, the cost and any interest thereon shall be a lien against the property from the date the notice of the lien is filed with the County Clerk. The lien shall be coequal with the lien of ad valorem taxes, other taxes, and special assessments, and shall be prior and superior to all other liens against the property. The lien shall continue until the costs are fully paid. The County Treasurer shall collect a fee of $5 for each parcel of property encumbered. The fee shall be deposited to the credit of the General Fund of the county. If the County Treasurer and the governing body agree that the County Treasurer is unable to collect the assessment, the town may pursue any civil remedy for collection of the amount owing and any interest thereon including an action in personam against the property owner and an action in rem against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section.

(2) Upon receiving payment from civil remedies, the Town Clerk/Treasurer shall forward to the County Treasurer a notice of the payment and shall direct discharge of the lien.

(F) The governing body may designate, by ordinance, an administrative officer or administrative body to carry out the duties of the governing body specified in this section. The property owner shall have a right to appeal to the governing body from any order of the administrative officer or administrative body. This appeal shall be taken by filing written notice of appeal with the Town Clerk/Treasurer within ten days after the administrative order is rendered.

(G) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DILAPIDATED BUILDING.

(a) A structure that lacks necessary repairs or is otherwise 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.

(b) A structure that 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.

(c) A structure that the governing body or administrative officer of the governing body determines to be an unsecured building, as defined by § 91.076, more than three times within any 12-month period.

(d) A structure that has been boarded and secured, as defined by § 91.076, for more than 36 consecutive months.

(e) A structure declared by the governing body to constitute a public nuisance.

GOVERNING BODY. The Town Board of Trustees.

PROPERTY OWNER. The owner of record as shown by the most current tax rolls of the County Treasurer.

(H) Nothing in this section shall prevent the governing body 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.

(I) The officers, employees, or agents of the town shall not be liable for any drainages or loss of property arising from the removal of dilapidated buildings performed pursuant to the provisions of this section or as otherwise prescribed by law.

(J) The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

(Ord. 2017-01, passed 1-10-2017)

§ 91.076 SECURING, BOARDING DILAPIDATED BUILDINGS.

(A) After a building has been declared dilapidated, as provided in § 91.075, but before the work of tearing it down and removing it begins, the governing body may authorize the building to be boarded and secured. However, if the building is vacant and unfit for human occupancy, the governing body may authorize the structure to be demolished pursuant to § 91.075.

(B) The governing body may cause the premises on which an unsecured building is located to be cleared of trash and weeds in accordance with the provisions of § 91.039 of the town code ordinances.

(C) (1) The governing body may cause an unsecured building to be boarded and secured as follows.

(a) Before the governing body orders action, at least ten days’ notice that the building is to be boarded and secured shall be given by mail to its property owners and mortgagees as provided in § 91.075. The governing body shall obtain a mailing receipt from the postal service that indicates the mailing date and each recipient’s name and address. A copy of the notice shall also be posted on the property. However, if neither its owner nor mortgagee can be located, notice may be given by posting a copy of the notice on the property or by publication as defined in 11 O.S. § 1-102. This notice shall be published once, not less than ten days prior to any hearing or action by the governing body pursuant to the provisions of this section. If the governing body anticipates summary abatement of a nuisance in accordance with the provisions of division (C)(1)(i) below, the notice shall state that any subsequent need for boarding and securing the building within a six-month period after the initial boarding and securing of the building pursuant to notice may be summarily boarded and secured by the governing body, that the cost of the boarding and securing shall be charged against the owner, and that a lien may be imposed on the property to secure payment for the cost, all without further prior notice to the property owner or mortgagee.

(b) The property’s owner may give written consent to the governing body authorizing the building to be boarded and secured and the payment of any costs incurred. By giving consent, the owner waives any right to a hearing by the governing body.

(c) If the propetty owner does not give written consent, the governing body may hold a hearing to determine whether boarding and securing the building would benefit the general public’s health, safety, or welfare. This hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of the building held pursuant to the provisions of § 91.038. In making its determination, the governing body shall apply the following standard: the governing body may order the boarding and securing of the building when it would make the building less available for transient occupation, decrease a fire hazard created by the building, or cause the building to be less of an attractive nuisance to children. Upon making the required determination, the governing body may order the building to be boarded and secured.

(d) After the governing body orders the building to be boarded and secured, the Town Clerk/Treasurer shall immediately file a notice of lien with the County Clerk describing the property, stating the findings of the governing body at the hearing at which the building was determined to be unsecured, and stating that the town claims a lien on the property for the costs of boarding and securing the building and that the costs are the personal obligation of the property owner from the date of filing the notice.

(e) Pursuant to the governing body’s order, the agents of the town are granted the right of entry on the property for the performance of the work to board and secure it and for the performance of all necessary duties as a governmental function of the town.

(f) After an unsecured building has been boarded and secured, the governing body shall determine the actual cost of the work and any other necessary expenses such as the cost to notify and mail. The Town Clerk/Treasurer shall send a statement of the actual costs to board and secure the building and a demand for payment by mail to any property owners and mortgagees as provided in § 91.075. The governing body shall obtain a mailing receipt from the postal service that indicates the mailing date and name and address of each recipient. If the governing body boards and secures any building, the cost to the property owner shall not exceed the actual cost required to perform the work. If the work is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.

(g) 1. If payment is received within six months from the date the cost statement is mailed to the property owner, the Town Clerk/Treasurer shall file a release of lien. If not, the Town Clerk/Treasurer shall send a certified cost statement to the County Treasurer. Once certified to the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided in this section. The cost shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until paid, the cost and any interest thereon shall be the property owner’s personal obligation from the date the notice of dilapidation and lien is filed with the County Clerk. In addition, the cost and any interest thereon shall be a lien against the property from the date the notice of the lien is filed with the County Clerk. The lien shall be coequal with the lien of ad valorem taxes, other taxes and special assessments, and shall be prior and superior to all other liens against the property. The lien shall continue until the costs are fully paid. The County Treasurer shall collect a fee of $5 for each parcel of property encumbered. The fee shall be deposited to the credit of the General Fund of the county.

2. If the County Treasurer and the governing body agree that the County Treasurer is unable to collect the assessment, the town may pursue any civil remedy for collection of the amount owing and any interest thereon including an action in personam against the property owner and an action in rem against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment from civil remedies, the Town Clerk/Treasurer shall forward to the County Treasurer a notice of the payment and shall direct discharge of the lien.

(h) The governing body may designate, by ordinance, an administrative officer or administrative body to carry out the duties of the governing body specified in this section. The property owner shall have a right to appeal to the governing body from any order of the administrative officer or administrative body. This appeal shall be taken by filing written notice of appeal with the Town Clerk/Treasurer within ten days after the administrative order is rendered.

(i) If the governing body causes a structure within the town municipal limits to be boarded and secured, any subsequent need for boarding and securing within a six-month period constitutes a public nuisance and may be summarily boarded and secured without further prior notice to the property owner or mortgagee. The governing body shall notify the property owner or mortgagee of each summary boarding and securing and the related costs. The notice shall state that the property owner may request an appeal with the Town Clerk/Treasurer within ten days after the mailing of the notice. The notice and hearing shall be as provided for in division (C)(1)(a) above. Unless otherwise determined at the hearing, the costs of boarding and securing shall be determined and collected as provided for in divisions (C)(1)(f) and (C)(1)(g) above.

(j) The governing body may determine that a building is unsecured and order that it be boarded and secured in the manner provided for in this section even though the building has not been declared by the governing body to be dilapidated.

(2) For the purpose of this division (C), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARDING AND SECURING or BOARDED AND SECURED. The closing, boarding, or locking of any or all exterior openings so as to prevent entry into the structure.

GOVERNING BODY. The Town Board of Trustees.

UNFIT FOR HUMAN OCCUPANCY. A structure that is considered uninhabitable and is a hazard to the health, safety, and welfare of the general public.

UNSECURED BUILDING. Any structure that is not occupied by a legal or equitable owner of it, 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 hatch-ways, unlocked basement or cellar hatchways, or other similar unsecured openings which would facilitate an unauthorized entry into the structure.

(D) The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

(Ord. 2017-01, passed 1-10-2017)

§ 91.999 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

(B) Any person who violates any provision of §§ 91.001 through 91.003, or any law or code adopted by reference in this chapter, is guilty of an offense, and upon conviction thereof, shall be punished as provided in § 10.99. In addition thereto, such person may be enjoined from continuing such violations.

(Prior Code, § 8-504)

(C) Any person who violates any of the provisions of § 91.004 is guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in § 10.99

(Prior Code, § 8-204)

(D) Any person, firm or corporation violating § 91.024 shall be guilty of a misdemeanor and upon conviction hereof shall pay a fine not exceeding $250 for each offense.

(E) Any person, firm, or corporation found violating any provision of §§ 91.035 through 91.047 shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as provided in § 10.99.

(Prior Code, § 8-114)

(F) Any person who violates any provision of §§ 91.060 through 91.062, by doing any act prohibited or declared to be unlawful thereby, or declared to be an offense or misdemeanor thereby, is guilty of an offense and, upon conviction thereof, shall be punished as provided in § 10.99. Each day upon which any such violation continues shall constitute a separate offense.

(Prior Code, § 8-404)

(Ord. 2020-04, passed 6-9-2020)