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Council authorizes lawsuit if property-owner violations at 908 South Avenue are not corrected by Feb. 10
Summary
Council deemed abatement by staff impractical for a property with repeated violations and authorized the city attorney to file suit under state law if the problems are not resolved by a date certain.
City staff recommended pursuing court action for the property at 908 South Avenue (lots 21 and 22, Block 2, Cope's Addition), citing repeated code violations, unsecured goods and a pattern of noncompliance that staff said created safety concerns for inspectors.
Jamie (Community Development staff) told the council the property had multiple violations documented since January 2 and that staff had been unable to obtain voluntary compliance despite notices and extensions. The staff presentation said the property's condition had generated numerous citizen complaints and that staff had felt unsafe during visits.
City Attorney Hemmings advised the council that Oklahoma statute 50 O.S. § 17 authorizes municipalities to petition the district court to abate public nuisances when code orders are not followed. Hemmings said a court order could require cleanup or other remedies and that violating a district-court order could be treated as contempt.
The council voted to give the property owner a date certain to resolve the violations; if the offending conditions remained on the morning of Feb. 10 the city attorney was authorized to file suit in principal county district court under 50 O.S. § 17. Councilors emphasized that the authorization would also cover any subsequent recurrence of the same violations after the date certain.
The motion passed on a roll-call vote with Councilor Boatwright, Councilor Badey (or Bady per transcript), Councilor Stone, Councilor Roden, Councilor Gilmore, Councilor Woodley and the Mayor voting yes.
