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Ex. DUT-OK-017 Standing duty Primary source read

63 O.S. 1-1011

Health Nuisances - Removal - Collection of Cost of Removal

Oklahoma Legislature (Oklahoma Public Health Code, art. 10, General Sanitation) · Oklahoma (State)

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The record

Jurisdiction
Oklahoma
Level
State
Authority
63 O.S. ch. 1, art. 10 (General Sanitation)
Issued
1968-05-03 May 3, 1968
Effective
standing (read as 1968-05-03)
End
standing (read as 2021-09-30)
In force
Standing since May 3, 1968 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • owners or persons in control of premises (owner or occupant of any private premises)
Character
sanitary code duty
Collection
Standing duties: Oklahoma DUT-OK

Operative words

the authority to order the owner or occupant of any private premises in the county to remove from such premises, at his own expense, any source of filth, cause of sickness,... or any other condition adversely affecting the public health, within twenty-four (24) hours, or within such other time as might be reasonable, and a failure to do so shall constitute a misdemeanor.

Penalty

Misdemeanor for failure to comply within the time ordered; abatement at the owner's or occupant's cost

What it required

The owner or occupant of any private premises, which includes every business premises, must remove at his own expense any 'cause of sickness' or 'any other condition adversely affecting the public health' within twenty-four hours of a health officer's written order, on pain of a misdemeanor, and the health officer may abate the condition and recover the cost; the city health officer holds the same authority within city limits when authorized by ordinance (Tulsa's Title 24 nuisance provisions, Ex. OK-069, and the Tulsa City-County Health Department's citation authority, Ex. OK-067, are the municipal counterpart).

Retrieval note

63 O.S. 1-106(C)(1) gives the Commissioner power to 'abate any nuisance affecting injuriously the health of the public or any community' (DUT-OK-003); 50 O.S. 1-2 and 21 O.S. 1191 (read, not saved) supply the general nuisance definition and the misdemeanor for maintaining a public nuisance or omitting a legal duty to remove one.