Drafted an ordinance for the abatement of junked vehicles on private
property. Ordinance defines junked vehicle; proclaims them a nuisance;
requires a written notice to remove, procedures for the person in the
notice to request a hearing before council; a 10 day waiting period after
the notice is provided to allow the individual to come into compliance; and
notice to the registered owner of the vehicle or property owner if the
registered vehicle owner cannot be found, that the vehicle has been removed
or impounded.
Statute permits municipalities to define a nuisance and requires reasonable
notice to abate a private nuisance, so I feel like the ordinance is
compliant.
However, the chief of police was informed by someone at CLEET, not a CLEET
attorney, that this process is illegal and will result in an officer's
CLEET certification being revoked. Is there something I have missed
regarding a municipality's ability to abate a junked vehicle on private
property? I haven't found anything as of yet.
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
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