Broken Arrow City Council
Meeting of: June 20, 2022
Title:
title
Approval of and authorization to execute Resolution No. 1469, a Resolution authorizing the City Legal Department to file an action in District Court to obtain a Decree ordering the abatement of a public nuisance regarding the property located at 1209 North 31st Street, Broken Arrow, Oklahoma 74014
End
Background:
On February 9, 2022, Code Enforcement opened a case for a dilapidated structure at 1209 North 31st Street, Broken Arrow, Oklahoma 74013 and inspected the property, and determined that the manufactured/mobile home has not been maintained and is in disrepair, and constituted not only a menace to the health and safety of the public, but is also a public nuisance due to the structure not appearing to be habitable for reasons including a lack of an active water account since February 20, 2018, there being holes in the exterior siding and eves accessible to rodents and bird, the siding being severely dilapidated and missing in some areas, there being missing skirting and broken window glass. Furthermore, there are overgrown trees along the exterior south and west walls and a shatter front storm door.
On February 9, 2022, a Notice to Abate the Nuisance Public Hearing was mailed to the owner of the property as shown on the current year’s tax rolls in the Tulsa County Treasurer’s Office by the United States Postal Service, namely to Glen McGuire c/o Ralph Bailey, PO Box 637, Broken Arrow, Oklahoma 74013. A public hearing was held on March 2, 2022, after which an Order of Abatement was issued by Hearing Officer, Norman Stephens, finding that the structure in its present condition was a dilapidated structure in violation of City Ordinance § 15-1.C(15) and 15-4, and Oklahoma State Statute, 11 O.S. §§ 22-111, 112.
Title 50 O. S. § 17 provides that in cases where it is deemed impractical to summarily abate any such nuisance, a city or town may bring suit in the District Court in the county in which nuisances are located by the governing body by the town or city adopting a resolution to direct or bring ta lawsuit in the proper court for the purpose of abating a nuisance.
As noted above, the structure located at 1209 North 31st Street, Broken Arrow, Oklahoma 74013, on the real estate described as: Lot Eighty-six (86), ARROW VILLAGE MOBILE CITY, a subdivision being a part of the East Half of the Southwest Quarter of Section 6, Township 18 North, Range 15 East of the Indian Meridian, in Wagoner County, State of Oklahoma, according to the plat thereof, was previously declared a public nuisance and remains a public nuisance. The Legal Department requests that the City Council approve the Resolution authorizing the City Attorney to file an action in the District Court to obtain a Decree ordering the abatement of the nuisance and should the owner fail to abate the nuisance as ordered, with the matter being referred to the Development Services Department which will take all necessary action to demolish and remove said structure.
Cost: All costs associated with the abatement
Funding Source: Development Services Operational Budget
Requested By: Trevor Dennis, City Attorney
Approved By: City Manager’s Office
Attachments: Resolution No. 1469
Recommendation:
recommend
Approve Resolution No. 1469 and authorize its execution.
end