Broken Arrow City Council
Meeting of: June 20, 2022
Title:
title
Approval of and authorization to execute Resolution No. 1470, 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 3312 West Pittsburg Street, Broken Arrow, Oklahoma 74012
End
Background:
Code Enforcement inspected the property located at 3312 West Pittsburg Street, Broken Arrow, Oklahoma 74012, and determined that the main structure was not in good repair, 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 habitable for the reason the utility account showing the water account being terminated December 31, 2019, neighbors reporting the property being vacant for a couple years, minimal roof damage, but possible termite damage to the siding, and the interior of the property appearing to be vandalized and in disrepair. Further, Code Enforcement found the swimming pool to be dilapidated and stagnant.
On November 2, 2021, 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 Sleydon Construction LLC, 13855 North 133rd East Avenue, Collinsville, Oklahoma 74021. A public hearing was held on December 2, 2021, 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 3312 West Pittsburg Street, Broken Arrow, Oklahoma 74012, on the real estate described as: Lot Eleven (11), Block One (1), CEDAR SPRINGS ESTATES, an Addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, according to the recorded 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. 1470
Recommendation:
recommend
Approve Resolution No. 1470 and authorize its execution.
end