§ 35-240. Procedure for abatement of public nuisances declared by this article.

To abate the public nuisances declared by Section 35-214 of this article, the City Manager or his/her designee, and the Municipal Counselor or his/her designee, acting on behalf of The City of Oklahoma City, shall have the option to bring a civil action in District Court as authorized by 50 O.S. § 17. The following procedures shall be adhered to:

(a)

before a civil action for abatement of a public nuisance is filed in District Court, as authorized by 50 O.S. § 17 and the provisions of this section, the City Manager or his/her designee, on behalf of the City, shall serve the owner and/or keeper of any exotic wildlife, as defined by Section 35-213 of this section, and the owner and/or lessee of record, if any, of any land upon which such exotic wildlife is being kept or harbored, with a written statement demanding that such persons immediately cause the removal of such wildlife from such land and from the corporate limits of the City.

(b)

the written statement to the owner and/or keeper of any exotic wildlife and to the owner and/or lessee of record, if any, of any land where such wildlife is being kept or harbored, as required by Paragraph (a) of this section, shall contain the following information:

1.

a statement that certain exotic wildlife is being kept or harbored on certain land within the City, with such wildlife being identified and such land being identified by a street address and/or legal description sufficient for the owner and/or keeper of the exotic wildlife and the owner and/or lessee of record of the land to locate the property on which the exotic wildlife is located; and

2.

a statement that the keeping or harboring of exotic wildlife within the City has been declared a public nuisance per se pursuant to this article and is in violation of this article; and

3.

a statement that the use of any land within the City to keep or harbor exotic wildlife has been declared a public nuisance per se pursuant to this article and is in violation of this article; and

4.

a statement ordering the owner and/or keeper of such wildlife, and the owner and/or lessee of record, if any, of the land on which such wildlife is being kept, to immediately abate the public nuisance and to immediately remove the exotic wildlife permanently from such land and from the corporate limits of the City.

(c)

service of the written statement required by this section shall be by personal delivery to the owner and/or keeper of the exotic wildlife, and to the owner and/or lessee of record, if any, of such land, or by certified mail, return receipt requested, to the last known address of such owner and/or keeper and landowner and/or lessee of record. Proof of such personal delivery or certified mailing shall be kept in the regularly maintained files of the City. If service of the written statement cannot be made by personal delivery or by certified mail, return receipt requested, service of said statement by posting a copy of the statement on the property used for keeping or harboring the exotic wildlife and/or by publication, as defined in 11 O.S. § 1-102(8), once at least ten days prior to any action by the City pursuant to the provisions of this section or as otherwise allowed by law.

(d)

if the order stated in the written statement required by Paragraph (b)(4) of this section is not complied with in full by the deadline set forth therein, the City Manager or his/her designee, and/or the Municipal Counselor or his/her designee, in the name of the City, are hereby authorized to bring a civil action in District Court pursuant to 50 O.S. § 17 to abate a public nuisance per se against any owner and/or keeper of such wildlife and/or against any owner and/or lessee of record of any land being used for the keeping or harboring of such wildlife. Said City officers are hereby further authorized to seek any legal remedies in such civil action as may be allowed by law.

(e)

notwithstanding any other provision of this section, the City Manager or his/her designee, and/or the Municipal Counselor or his/her designee, in the name of the City, are hereby authorized to assert a civil action in District Court, pursuant to 50 O.S. § 17, for abatement of exotic wildlife as a public nuisance per se as a counterclaim against any person or persons challenging the validity or applicability of this ordinance without first giving the notice otherwise required by Subsections (a) through (c), inclusive, of this section. In such counterclaim said City officers may seek any legal remedies as may be allowed by law in a civil action pursuant to 50 O.S. § 17 for abatement of a public nuisance.

(Ord. No. 21334, § 1, 10-12-99)