§ 35-184. - Procedure used to abate public nuisance per se under this division.
(a) To abate a public nuisance per se on or at real property as declared in Section 35-183 of this division, the City Manager or designated agent acting on behalf of the City shall use the procedure set forth in this section.
(b) Before bringing a civil action in district court to abate the public nuisance, as authorized by Subsection (c) of this section, the City shall serve the owner, lessee or manager of the real property a written statement demanding that the owner, lessee or manager immediately terminate all adult-entertainment-related violations or bar- or tavern-related violations which exist on or at the bar or tavern.
(1) The City's decision under Subsection (b) of this section to serve a written statement to the owner, lessee or manager of real property shall be based upon whether there are two or more adult-entertainment-related violations or bar- or tavern-related violations, for violations that have occurred within a period of 365 days from the date of the earlier violation, by any owner, lessee or manager of a bar or tavern.
(2) The written statement to the owner, lessee or manager shall contain the following information:
a. The street address and a legal description sufficient for the owner, lessee or manager to locate the real property on or at which bar- or tavern-related violations are occurring;
b. A statement generally describing the adult-entertainment-related violations or bar- or tavern-related violations which are taking place on or at the real property; and
c. A statement ordering the owner, lessee or manager to immediately terminate all adult-entertainment-related violations or bar- or tavern-related violations which are taking place on or at the real property.
(3) The City shall attempt to serve the property owner, lessee or manager with the required written statement by personal delivery requesting abatement, within ten days, of the adult-entertainment-related violations or bar- or tavern-related violations, if said owner, lessee or manager may be found in Oklahoma City.
(4) Proof of service of the written statement shall be kept in the regularly maintained files of the City.
(5) If service of the written statement cannot be completed by personal delivery, the City may serve said statement by posting a copy of the statement on the real property used for adult-entertainment-related violations or bar- or tavern-related violations, and by mailing said statement to the name and address shown in the records of the County Assessor as owner of the real property and to the name and address of the establishment used as a bar or tavern.
(c) Pursuant to 50 O.S. §§ 16 and 17, as amended, and 11 O.S. § 22-121, as amended, the City Manager, or designated agent, in the name of the City, is authorized to bring a civil action in district court to abate a public nuisance per se against the owners, lessees or managers who own, occupy or manage real property used for adult-entertainment-related violations or bar- or tavern-related violations or who in any way permit, create, take part in, maintain, or refuse to terminate or halt any such violations on said property.
(1) The City may pursue informal nuisance abatement remedies with the owner, lessee or manager of real property used for adult-entertainment-related violations or bar- or tavern-related violations. Any informal abatement remedy implemented shall not prohibit formal abatement action in the appropriate district court when deemed necessary or appropriate to do so by the City.
(2) The owners, lessees and managers of real property shall be deemed to have actual knowledge of adult-entertainment-related violations or bar- or tavern-related violations for subsequent public nuisance violations after initial notice of the same has been given to said owner, lessee or manager pursuant to the provisions of this section.
(3) The civil action to abate a public nuisance per se under Subsection (c) of this section shall follow the Oklahoma Statutes and the Oklahoma Rules of Civil Procedure.
(4) The civil action to abate a public nuisance per se under Subsection (c) of this section shall be brought in the county where the nuisance exists or is maintained.
(5) In the civil action authorized by this section, the City may request remedies to abate the public nuisance, including but not limited to the following:
a. that the court order the immediate and complete closure of the real property used for adult-entertainment-related violations or bar- or tavern-related violations;
b. that the court prohibit all use of the real property used for adult-entertainment-related violations or bar- or tavern-related violations unless and until the owner, lessee or manager abate all such criminal activity;
c. that the court prohibit any person, including the owner, lessee or manager, from entering the real property used for adult-entertainment-related violations or bar- or tavern-related violations until the owners, lessees and managers abate all such activity;
d. that the court prohibit the owners, lessees and managers from allowing or permitting any person who is convicted of an adult-entertainment-related violation or a bar- or tavern-related violation from entering the real property until the owners, lessees and managers abate all such activity and that the court order that the property remain closed until proof of such compliance is presented to the court;
e. that the court require the owners, lessees and managers to bring the real property used for adult-entertainment-related violations or bar- or tavern-related violations into compliance with all applicable City codes and ordinances;
f. that the court require recovery by the City of all costs of the civil action under this section, as authorized by 50 O.S. § 17;
g. that the court require payment of the City's costs for the labor and materials and administrative costs required to abate the public nuisance per se and carry out the order of the court;
h. that the court require removal of structures, improvements, fixtures and personal property located on the real property that are used in whole or in part for or in furtherance of adult-entertainment-related violations or bar- or tavern-related violations; and
i. any other relief the court determines to be appropriate, just or proper.
(d) Nothing in the division shall be construed to prohibit the filing of any criminal charges and any other civil action or actions, including but not limited to forfeiture proceedings, as may be allowed by law.
(Ord. No. 23692, § 2, 9-23-08; Ord. No. 24408, § 1, 2-14-12; Ord. No. 25086, § 1, 1-27-15)
