Broken Arrow City Council
Meeting of: 08-04-2025
Title:
title
Consideration, discussion and possible approval of Resolution No. 1686, 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 21410 East 38th Street South, Broken Arrow, Oklahoma 74014
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Background:
On February 11, 2025, Code Enforcement opened a case for a dilapidated structure at 21410 East 38th Street. An inspection showed the property to be in the following condition, which according to State Statute and City Ordinance meets the definition of a dilapidated structure and eligible for demolition: The home was destroyed by a large fire on December 17, 2023. The structure is uninhabitable due to the damage from the fire, smoke and water damage. The home appears to be a complete loss with large holes in the roof and exterior walls. There are broken and damaged windows and doors. There is extensive smoke, fire and water damage to the interior portion of the residence as well as the exterior siding, roof and garage and all the windows and doors. The residence is unsecure and has been vandalized on the interior walls.
On February 26, 2025, 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 Wagoner County Treasurer’s Office by the United States Postal Service, namely to Gueren Geoffrey Hunter White, 21410 East 38th Street South, Broken Arrow, Oklahoma 74014. The Notice was posted on the residence as well. A public hearing was held on April 2, 2025, 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 a lawsuit in the proper court for the purpose of abating a nuisance.
As noted above, the structure located at 21410 East 38th Street South, Broken Arrow, Oklahoma 74014, on the real estate described as: Lot Two (2), Block Three (3), SWAN LAKE ADDITION to the City of Broken Arrow, Wagoner 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: Code Enforcement
Approved By: City Manager’s Office
Attachments: Resolution No. 1686
Recommendation:
recommend
Approve Resolution No. 1686 and authorize its execution.
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