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Oklahoma Association of Municipal Attorneys

NUISANCE ABATEMENT

Jon Miller

Thu, Sep 7, 2023 7:22 PM

Resident has a neighbor whose tree has died and its limbs are falling on their roof.

Does a city have any authority under the nuisance abatement process to order a property owner to abate what seems to be a private nuisance, or for the city to summarily abate and levy charges against the property owner if he does not do so?

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

Resident has a neighbor whose tree has died and its limbs are falling on their roof. Does a city have any authority under the nuisance abatement process to order a property owner to abate what seems to be a private nuisance, or for the city to summarily abate and levy charges against the property owner if he does not do so? Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

david davis

Thu, Sep 7, 2023 7:26 PM

In my opinion the answer is no since the tree is not weeds, trash or debris nor is it a dilapidated building.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Jon Miller via Oama oama@lists.imla.org
Sent: Thursday, September 7, 2023 2:22 PM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] NUISANCE ABATEMENT

Resident has a neighbor whose tree has died and its limbs are falling on their roof.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

In my opinion the answer is no since the tree is not weeds, trash or debris nor is it a dilapidated building. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Jon Miller via Oama <oama@lists.imla.org> Sent: Thursday, September 7, 2023 2:22 PM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] NUISANCE ABATEMENT Resident has a neighbor whose tree has died and its limbs are falling on their roof. Does a city have any authority under the nuisance abatement process to order a property owner to abate what seems to be a private nuisance, or for the city to summarily abate and levy charges against the property owner if he does not do so? Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.