City of Maud, Oklahoma

PART 8

HEALTH AND SANITATION

CHAPTER 1

WEEDS AND TRASH

SECTION 8-101 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 city 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.

State Law References Cleaning, mowing property, municipal powers, 11 O.S. Section 22-111.

SECTION 8-102 DEFINITIONS.

As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section;

1. “Weeds" includes but is not limited to poison ivy, poison oak or poison sumac and all vegetation at any stage of maturity which;
   1. Exceeds twelve (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;
   2. Regardless of height, harbors, conceals or invites deposits or accumulation of refuse or trash;
   3. Harbors rodents or vermin;
   4. Gives off unpleasant or noxious odors;
   5. Constitutes a fire or traffic hazard; or
   6. Is dead or diseased.

   The term "weed" does not include tended crops on land zoned for agricultural use which are planted more than one hundred fifty (150) feet from a parcel zoned for other than agricultural use;

2. "Trash" means 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; and
3. "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.

SECTION 8-103 CLEANING AND MOWING OF PROPERTY; HEARING; COSTS; LIEN;

1. The City Council may cause property within the city limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the following procedure:
   1. At least ten (10) days' notice shall be given to the owner of the property, by mail at the address shown by the current year's tax rolls in the county treasurer's office of the county in which the property is located, before the City Council holds a hearing or takes action. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and the notice shall further state that unless such work is performed within ten (10) days of the date of the notice the work shall be done by the city and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the city. At the time of mailing of notice to the property owner, the city clerk shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. However, if the property owner cannot be located within ten (10) days from the date of mailing by the City, notice may be given by posting a copy of the notice on the property or by publication, as defined in O.S.11, Section 1-102, one time not less than ten (10) days prior to any hearing or action by the city. If the City Council anticipates summary abatement of a nuisance in accordance with the provisions of subsection B of this section, the notice, whether by mail, posting or publication, shall state: that any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six (6) months from and after the date of this notice may be summarily abated by the City; that the costs of such abatement shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner;
   2. The owner of the property may give written consent to the city authorizing the removal of the trash or the mowing of the weeds or grass. By giving written consent, the owner waives the owner's right to a hearing by the city;
   3. A hearing may be held by the City Council to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit, and welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of property;
   4. Upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such conditions, the agents of the city are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, and performance of the necessary duties as a governmental function of the city. Immediately following the cleaning or mowing of the property, the city clerk shall file a notice of lien with the county clerk for the county in which the property is located, describing the property and the work performed by the city, and stating that the city claims a lien on the property for the cleaning or mowing costs;
   5. The City Council shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The City Clerk shall forward by mail to the property owner specified in paragraph 1 of this subsection a statement of such actual cost and demanding payment. If the cleaning and mowing are done by the city, the cost to the property owner for the cleaning and mowing shall not exceed the actual cost of the labor, maintenance, and equipment required. If the cleaning and mowing are done on a private contract basis, the contract shall be awarded to the lowest and best bidder;
   6. If payment is not made within thirty (30) days from the date of the mailing of the statement, then within the next thirty (30) days, the city clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located and the same shall be levied on the property and collected by the county treasurer as other taxes authorized by law. Once certified by the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, 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, and the lien shall continue until the cost shall be fully paid. At the time of collection the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property. The fee shall be deposited to the credit of the general fund of the county. If the county treasurer and the city agree that the county treasurer is unable to collect the assessment, the city may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam against the property owner and an action in rem to foreclose its lien 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, if any, the city clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien; and
   7. The City Council may designate by ordinance an administrative officer or administrative body to carry out the duties of the City Council in subsection A of this section. The property owner shall have a right of appeal to the City Council from any order of the administrative officer or administrative body. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) days after the administrative order is rendered.
2. If a notice is given by the City Council to a property owner ordering the property within the city limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in subsection A of this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner. At the time of each such summary abatement the city shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing within ten (10) days after the date of mailing the notice. The notice and hearing shall be as provided for in subsection A of this section. Unless otherwise determined at the hearing the cost of such abatement shall be determined and collected as provided for in paragraphs 5 and 6 of subsection A of this section. This subsection shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to subsection A of this section.
3. The City Council may enact ordinances to prohibit owners of property or persons otherwise in possession or control located within the city limits from allowing trash to accumulate, or weeds to grow or stand upon the premises and may impose penalties for violation of said ordinances.
4. The Mayor or his designee is hereby authorized to carry out the hearing in subsection (A)(3) of this section. The property owner shall have a right of appeal to the City Council from any order of the Mayor or his designee. Such appeal shall be taken by filing written notice of appeal with the City Clerk-Treasurer within ten (10) days after the administrative order is rendered.
5. Any City employee assigned to enforce the provisions of this section shall complete certification training specifically applicable to such section as adopted and administered by the Oklahoma Code Enforcement Association, an internationally recognized model code organization, career technical education program, or an institution of higher education. The certification training shall be completed within one (1) year of employment or assignment for such enforcement.

Ordinance 2017-01 January 17, 2017

SECTION 8-104 UNLAWFUL TO DEPOSIT 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 city, except when the placement of such materials is along a collection route for the specific intent and purpose of scheduled collection and transportation to a recycling or disposal facility serving the area.
Ordinance 2019-02, September 16, 2019

SECTION 8-105 BURNING REFUSE.

It is unlawful for any person to burn trash, waste paper, rubbish or refuse within the city, except under a permit issued by or in receptacles and conditions approved by the State Health Department or U.S. Environmental Protection Agency.

SECTION 8-106 REMOVAL OF DEAD ANIMALS.

The owner or any person having charge of any animal dying in this city, shall within twenty-four (24) hours after the death of such animal, remove its carcass, and failure to do so shall constitute a misdemeanor.

SECTION 8-107 UNLAWFUL TO LITTER.

1. 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 city or upon any real property owned or occupied by another.
2. It is unlawful for any person to litter.

SECTION 8-108 UNLAWFUL TO LITTER 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 city any litter, trash, waste paper, tin cans or any other substance or refuse whatever.

SECTION 8-109 LITTER NOT TO ACCUMULATE ON PROPERTY.

1. 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.
2. 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.

SECTION 8-110 PENALTY.

Any person, firm or corporation found violating any provision of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished as provided in Section 1-108 of this code.

CHAPTER 2

FOOD REGULATIONS

SECTION 8-201 FOOD SERVICE, REGULATIONS.

1. 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. At least one copy of the rules and regulations shall be on file in the office of the city clerk-treasurer. 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 Section 1-108 of this code. In addition thereto, any person convicted of violation may be enjoined from continuing the violation.

State Law References State food regulations, 63 O.S. Sections 1-1101 et seq.

SECTION 8-202 OKLAHOMA MILK AND MILK PRODUCTS ACT; ADOPTED.

The Oklahoma Milk and Milk Products Act 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 city 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. At least one copy of the Oklahoma Milk and Milk Products Act shall be filed in the office of the City Clerk-Treasurer

State Law References State laws regulating milk standards, 2 O.S., Section 7-401 thru 7-421

SECTION 8-203 VIOLATION; PENALTY.

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Section 1-108 of this code.

CHAPTER 3

NUISANCES

SECTION 8-301 NUISANCE DEFINED; PUBLIC NUISANCES; PRIVATE NUISANCES.

1. A nuisance is unlawfully doing an act or omitting to perform a duty or is any thing or condition which either:
   1. Annoys, injures or endangers the comfort, repose, health, or safety of others;
   2. Offends decency;
   3. 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
   4. 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 Subsection B above is a private nuisance.

State Law Reference; Nuisances defined; municipal powers to abate, 50 O.S. Sections 1 et seq.

SECTION 8-302 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.

SECTION 8-303 TIME DOES NOT LEGALIZE.

No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.

SECTION 8-304 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:
   1. By person injured as provided in Section 12 of Title 50 of the Oklahoma Statutes; or
   2. By the city in accordance with law or ordinance.

SECTION 8-305 REMEDIES AGAINST PRIVATE NUISANCES.

The remedies against a private nuisance are:

1. Civil action; or
2. Abatement:
   1. By person injured as provided in Sections 14 and 15 of Title 50 of the Oklahoma Statutes; or
   2. By the city in accordance with law or ordinance.

SECTION 8-306 CITY HAS POWER TO DEFINE AND SUMMARILY ABATE NUISANCES.

As provided in Section 16 of Title 50 of the Oklahoma Statutes, 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 the 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.

SECTION 8-307 CERTAIN PUBLIC NUISANCES IN THE CITY DEFINED.

In addition to other public nuisances declared by other sections of this code or law, the following are hereby declared 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 the state law or ordinances of the city; 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 city;
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 where persons gamble, whether by cards, slot machines, punchboards 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 activities in violation of state law or ordinance are practiced or carried on;
7. 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;
8. The public exposure of a person having a contagious disease;
9. The continued making of loud or unusual noises which annoy persons or ordinary sensibilities; or the keeping of an animal which makes such noises;
10. The operation or use of any electrical apparatus or machine which 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 water or other 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, conditioned or situated as to endanger the public safety;
14. 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;
15. Any building or structure which is dangerous to the public health or safety because of damage, decay or other condition;
16. Any pit, hole or other thing which is so constructed, formed, conditioned or situated as to endanger the public safety;
17. Any fire or explosion hazard which endangers the public safety;
18. Any occupation or activity which endangers the public peace, health, morals, safety or welfare;
19. 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; or
20. Any stable or other place where animals are kept that may become obnoxious or annoying to any resident of the city, by reason of any noise or noises made by the animal therein, or by reason of lack of sanitation, is hereby declared to be a nuisance;
21. The keeping of any dog kennels within this city for the breeding and raising of dogs that shall become offensive or annoying to the public by reason of the barking and noise made by the animals therein contained;
22. Any vault, cesspool or sink used to receive human excrement, slops, garbage, refuse, or other filthy substance;
23. Any pond, slop, trash, refuse, cobs, manure, decayed or decaying vegetable matter, left, kept or maintained in such condition as to endanger the public health;
24. Every privy or water closet which shall be in an overflowing, leaking or filthy condition, or in a condition dangerous, injurious or annoying to the comfort, health and welfare of any resident of this city;
25. Any green or unsalted hides of any animal kept in any exposed or open place within the limits of this city;
26. Any unclean, foul, leaking, or broken or defective ditch, drain, gutter, slop, garbage or manure barrel, box or other receptacle;
27. Every building or other structure that shall become unsafe and dangerous from fire, decay and other cause, or shall become hazardous from fire, by reason of age, decay or construction, location or other cause, or shall be detrimental to the health, safety or welfare of this city or its inhabitants from any cause; and
28. Any water or putrid substances, whether animal or vegetable, to accumulate so as to cause an offensive odor to be emitted therefrom, or to become in a condition injurious or dangerous to the health of the neighborhood.

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;

SECTION 8-308 SUMMARY ABATEMENT OF NUISANCES.

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 mayor 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, pursuant to its police and general powers, this code, Section 16 of Title 50 of the Oklahoma Statutes, and any other applicable laws.
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 mayor may submit through or with the consent of the mayor to the city council, a statement as to the existence of a nuisance as defined by the ordinances of the city of law, and a request or recommendation that it be abated. The mayor himself, the health officer and council or any resident or residents of the city may submit such a statement and request a recommendation to the council.
3. The council shall determine whether or not the alleged nuisance is a nuisance in fact. For the purpose of gathering evidence on the subject the city council shall have power to subpoena and examine witnesses, books, papers and other effects. Before proceeding to abate the nuisance or have it abated, the city council shall give notice of a hearing on the proposed abatement to the owner of any property concerned and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice to the owner and other persons concerned shall be given in writing by mail or by service by a police officer if their names and addresses are known; but, if the names or 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 the hearing shall be published in a paper of general circulation within the city.
4. If the council finds that a nuisance does in fact exist, it shall direct the owner 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, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the council shall direct the mayor to abate the nuisance or to have it abated, if summary abatement is practical, as authorized by Section 16 of Title 50 of the Oklahoma Statutes. The city clerk-treasurer shall send a statement of the cost of such summary abatement to the owner or other persons responsible for or causing the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the city collectible as other debts to the city may be collected.

SECTION 8-309 ABATEMENT BY SUIT IN DISTRICT COURT.

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 Section 17 of Title 50 of the Oklahoma Statutes.

SECTION 8-310 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 city or to permit a nuisance to remain on premises under his control within the city.

SECTION 8-311 HEALTH NUISANCES; ABATEMENT

1. Pursuant to authority granted by Section 1-1011 of Title 63 of the Oklahoma Statutes, the health officer shall have authority to order the owner or occupant of any private premises in the city to remove from such premises, at his 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 twenty-four (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 policeman 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 city.
2. 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 city clerk-treasurer, and the cost of removing or abating such nuisance shall be added to the water bill or other city utility bill of the owner or occupant if he is a user of water from the city water system or such other utility service. 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. If such owner or occupant is not a user of any city utility service, such cost, after certification to the city clerk-treasurer, may be collected in any manner in which any other debt due the city may be collected.

SECTION 8-312 TOILET FACILITIES REQUIRED; NUISANCE.

1. For the purpose of this section, the following terms shall have the respective meanings ascribed to them herein:
   1. "Human excrement" means the bowel and kidney discharge of human beings; and
   2. "Sanitary water closet" means the flush type toilet which is connected with a sanitary sewer line of such capacity and construction as to carry away the contents at all times.
2. Every owner of a residence or other building in which humans reside, are employed or congregate within this city shall install, equip and maintain adequate sanitary facilities for the disposal of human excrement by use of a sanitary water closet. The closets and toilets hereby required shall be of the sanitary water closet type when located within two hundred (200) feet of a sanitary sewer and accessible thereto and of the sanitary water closet type (notwithstanding a greater distance from a sanitary sewer) or the water closet type emptying into a septic tank system. A septic tank system may be used in such cases only if it meets the standards of and is approved by the State Health Department.
3. All human excrement disposed of within this city shall be disposed of by depositing it in closets of the type provided for in the section. It is unlawful for any owner of property within the city to permit the disposal of human excrement thereon in any other manner, or for any person to dispose of human excrement within the city in any other manner.
4. All facilities for the disposal of human excrement in a manner different from that required by this section and all closets so constructed, situated or maintained as to endanger the public health, are hereby declared to be public nuisances, and may be dealt with and abated as such. Any person maintaining any such nuisance is guilty of an offense and each day upon which any such nuisance continues is a separate offense.

SECTION 8-313 PROCEDURE CUMULATIVE.

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

CHAPTER 4

JUNKED, WRECKED MOTOR VEHICLES

SECTION 8-401 NUISANCE.

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

1. Impede traffic in the streets;
2. Reduce the value of private property;
3. Create fire hazards;
4. Extend and aggravate urban blight; or
5. Result in a serious hazard to the public health, safety, comfort, convenience and welfare of the residents of the city, are hereby declared to be a nuisance.

State Law References Removal of abandoned vehicles on private property, 47 O.S. Section 954A; grounds for removal of vehicles on state highways, 47 O.S. Section 955.

SECTION 8-402 DEFINITIONS.

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

1. "Motor vehicle" is 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;
2. "Junk motor vehicle" is any motor vehicle, which does not have lawfully affixed thereto an unexpired license plate or plates, and the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned, or discarded;
3. "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind;
4. "Private property" means any real property within the city which is privately owned and which is not public property as defined in this section; and
5. "Public property" means 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.

SECTION 8-403 STORING, PARKING OR LEAVING DISMANTLED OR OTHER SUCH MOTOR VEHICLES PROHIBITED; AND DECLARED A NUISANCE; EXCEPTIONS.

1. 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 city for a period of time in excess of ten (10) days.
2. 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.
3. After proper notice, the vehicle may be removed by the city or its agents. Costs of removal and storage are chargeable against the owner and the vehicle.
4. 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 city and on property operated in the appropriate business zone, pursuant to zoning laws of the city, nor shall this section apply to a city owned vehicle in an appropriate storage place maintained in a lawful place by the city.

SECTION 8-404 PENALTY.

Any person who violates any provision of this chapter, 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 Section 1-108 of this code. Each day upon which any such violation continues shall constitute a separate offense.

CHAPTER 5

ENFORCEMENT AND PENALTY

SECTION 8-501 COUNTY HEALTH DEPARTMENT DESIGNATED TO ENFORCE HEALTH ORDINANCES.

Anywhere in this chapter where the word or words "health officer" are used it shall be construed to mean the director of the city-county health department or his duly designated representative. It is the intent and purpose of the mayor and city council to delegate the enforcement of the health ordinances of this city as set out in this section and any such decisions rendered under this section shall be subject to review by the governing council upon an appeal from an offender.

SECTION 8-502 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 city.

SECTION 8-503 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.

SECTION 8-504 PENALTY.

Any person who violates any provision of this chapter 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 Section 1-108 of this code. In addition thereto, such person may be enjoined from continuing such violations.

CHAPTER 6

HAZARDOUS MATERIALS CLEANUP AND COST RECOVERY

SECTION 8-601 HAZARDOUS MATERIAL CLEANUP:

The fire chief and/or fire marshal is authorized to clean up or abate the effects of any hazardous substance or waste accidentally, negligently or unlawfully released, discarded or deposited upon or into property or facilities within the city.

SECTION 8-602 DEFINITIONS;

As used in this chapter, the following terms shall have the meanings and purposes respectively ascribed to them in this section:

1. COST INCURRED BY THE CITY: For the purposes of this chapter, means, and shall include, but not be limited to, the following: actual labor costs of city personnel, including benefits and administrative overhead; cost of equipment operation; cost of any contract labor and materials.
2. HAZARDOUS MATERIAL: Any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment

SECTION 8-603 LIABILITY.

1. The following described persons shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of the cleanup or abatement of any hazardous waste or substance:
   1. The person or persons whose accidental, negligent or willful act or omission proximately caused such release, discharge or deposit;
   2. The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge or deposit without regard to proximate cause or fault;
   3. The person or persons who owned or had custody or control of the container which held the hazardous substance or waste at the time or immediately prior to such release, discharge or deposit without regard to fault or proximate cause.

SECTION 8-604 CLEANUP BY PRIVATE PARTIES

In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other city official (appointed by the Mayor), to clean up or abate the effects of any hazardous substance or waste accidentally, negligently, or unlawfully released, discharged or deposited upon or into any property within the city, the Fire Chief may take such action as is necessary to supervise or verify the abatement. The persons described in section 8-603 of this chapter shall be liable to the city for all costs incurred as a result of such supervision or verification.

SECTION 8-605 REMEDIES:

The remedies provided by this chapter shall be in addition to any other remedies provided by law.

SECTION 8-606 COST RECOVERY EXCLUSIONS:

The authority to recover costs afforded by this chapter, does not include the authority to recover costs for actual fire suppression services which are normally provided by the fire department.