[Code 1985 § 17-36; Code 2005 § 38-76;
Ord. 1-17-17-02, 11-17-2017]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The removal of trash from property.
The owner of record as shown by the most current tax rolls
of the county treasurer.
Any refuse, litter, ashes, leaves, debris, paper, combustible
materials, rubbish, offal, or waste, or matter of any kind or form
which is uncared for, discarded, or abandoned; trash also includes
but is not limited to vehicle parts, appliances, furniture, building
rubbish, or similar items.
Is not limited to, poison ivy, poison oak, or poison sumac and
all vegetation at any state of maturity which:
Exceeds 12 inches in height, except healthy trees, shrubs, or
produce for human consumption grown in a tended and cultivated garden
unless such trees and shrubbery by their density or location constitute
a detriment to the health, benefit and welfare of the public and community
or a hazard to traffic or create a fire hazard to the property or
otherwise interfere with the mowing of such weeds;
Regardless of height, harbors, conceals, or invites deposits
or accumulation of refuse or trash;
Harbors rodents or vermin;
Gives off unpleasant or noxious odors;
Constitutes a fire or traffic hazard; or
Is dead or diseased.
The term "weed" shall not include tended crops on land zoned
for agricultural use which are planted more than 150 feet from a parcel
zoned for other than agricultural use.
[Code 2005 § 38-77]
A.
The City may cause property within the municipal limits to be cleaned
of trash and weeds or grass to be cut or mowed in accordance with
the following procedure:
(1)
At least 10 days' notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the county treasurer's office before the City holds a hearing or takes action. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and the notice shall further state that unless such work is performed within 10 days of the date of the notice the work shall be done by the municipality and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the City. At the time of mailing of notice to the property owner, the City shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. However, if the property owner cannot be located within 10 days from the date of mailing by the City, notice may be given by posting a copy of the notice on the property or by publication, as defined in 11 O.S. § 1-102, one time not less than 10 days prior to any hearing or action by the City. If the City anticipates summary abatement of a nuisance in accordance with the provisions of Subsection B of this section, the notice, whether by mail, posting or publication, shall state: that any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six months from and after the date of this notice may be summarily abated by the City; that the costs of such abatement shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner;
(2)
The owner of the property may give written consent to the City authorizing
the removal of the trash or the mowing of the weeds or grass. By giving
written consent, the owner waives the owner's right to a hearing
by the City:
(3)
A hearing may be held by the City to determine whether the accumulation
of trash or the growth of weeds or grass has caused the property to
become detrimental to the health, benefit, and welfare of the public
and the community or a hazard to traffic, or creates a fire hazard
to the danger of property;
(4)
Upon a finding that the condition of the property constitutes a detriment
or hazard, and that the property would be benefited by the removal
of such conditions, the agents of the City are granted the right of
entry on the property for the removal of trash, mowing of weeds or
grass, and performance of the necessary duties as a governmental function
of the City. Immediately following the cleaning or mowing of the property,
the City Clerk shall file a notice of lien with the county clerk describing
the property and the work performed by the municipality, and stating
that the City claims a lien on the property for the cleaning or mowing
costs;
(5)
The City shall determine the actual cost of such cleaning and mowing
and any other expenses as may be necessary in connection therewith,
including the cost of notice and mailing. The City Clerk shall forward
by mail to the property owner specified in A(1) of this section a
statement of such actual cost and demanding payment. If the cleaning
and mowing are done by the City, the cost to the property owner for
the cleaning and mowing shall not exceed the actual cost of the labor,
maintenance, and equipment required. If the cleaning and mowing are
done on a private contract basis, the contract shall be awarded to
the lowest and best bidder;
(6)
If payment is not made within 30 days from the date of the mailing
of the statement, the City Clerk shall forward a certified statement
of the amount of the cost to the county treasurer and the cost shall
be levied on the property and collected by the county treasurer as
other taxes authorized by law. Once certified by the county treasurer,
payment may only be made to the county treasurer except as otherwise
provided for in this section. Until fully paid, the cost and the interest
thereon shall be the personal obligation of the property owner from
and after the date the cost is certified to the county treasurer.
In addition, the cost and the interest thereon shall be a lien against
the property from the date the cost is certified to the county treasurer,
coequal with the lien of ad valorem taxes and all other taxes and
special assessments and prior and superior to all other titles and
liens against the property, and the lien shall continue until the
cost shall be fully paid. At the time of collection the county treasurer
shall collect a fee of $5 for each parcel of property. The fee shall
be deposited to the credit of the general fund of the county. If the
county treasurer and the municipality agree that the county treasurer
is unable to collect the assessment, the City may pursue a civil remedy
for collection of the amount owing and interest thereon by an action
in personam against the property owner and an action in rem to foreclose
its lien against the property. A mineral interest, if severed from
the surface interest and not owned by the surface owner, shall not
be subject to any tax or judgment lien created pursuant to this section.
Upon receiving payment, if any, the City Clerk shall forward to the
county treasurer a notice of such payment and directing discharge
of the lien; and
(7)
The City Manager is designated as the administrative officer to carry out the duties of the City in Subsection A of this section. The property owner shall have a right of appeal to the City from any order of the administrative officer or administrative body. Such appeal shall be taken by filing written notice of appeal with the City Clerk within 10 days after the administrative order is rendered.
B.
If a notice is given by the board to a property owner ordering the property within the City limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in Subsection A of this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner. At the time of each such summary abatement, the City shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing within 10 days after the date of mailing the notice. The notice and hearing shall be as provided for in Subsection A of this section. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in Subsections A (5) and (6) of this section. This subsection shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to Subsection A. of this section.
C.
The City may enact ordinances to prohibit owners of property or persons
otherwise in possession or control located within the City limits
from allowing trash to accumulate, or weeds to grow or stand upon
the premises and may impose penalties for violation of such ordinances.
D.
The provisions of this section shall not apply to any property zoned
and used for agricultural purposes or to railroad property under the
jurisdiction of the Oklahoma Corporation Commission. However, the
City may cause the removal of weeds or trash from property zoned and
used for agricultural purposes pursuant to the provisions of this
section but only if such weeds or trash pose a hazard to traffic and
are located in, or within 10 yards of, the public right-of-way at
intersections.
