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Junked Vehicle Abatement

PM
Phillip Morton
Fri, Sep 17, 2021 6:15 PM

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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notify us by replying to this email or by calling 580-759-0049.

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 CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling *580-759-0049*.