It is hereby declared the legislative intent of the City Commission to conform to the provisions of Title 11, 1991 O. S., Section 22-111 and hereby to repeal any and all ordinances of this city in conflict herewith.
It shall be unlawful for any owner of any lot, tract or parcel of land situated wholly or in part within the corporate city limits of the city to allow trash or weeds to grow, stand, or accumulate upon such premises and it shall be the duty of such owner to remove or destroy any such weeds or trash. Violation of this section is guilty of an offense and is punishable by a fine and cost as provided for in Section 9-31 of this Code.
1.Â
WEEDS – Shall mean and include, but is not limited to, poison
ivy, poison oak, or poison sumac and all vegetation at any stage of
maturity which:
a.Â
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 said weeds;
b.Â
Regardless of height, harbors, conceals or invites deposits or accumulation
of refuse or trash;
c.Â
Harbors rodents or vermin;
d.Â
Gives off unpleasant or noxious odors;
e.Â
Constitutes a fire or traffic hazard; or
f.Â
Is dead or diseased.
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Provided that the term "weed" shall not include tended crops
of land for agricultural use which are planted more than 150 feet
from a parcel for other than agricultural use.
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2.Â
TRASH – Shall mean any refuse, litter, ashes, leaves, debris,
paper, combustible materials, rubbish, offal, waste, or matter of
any kind or form which is uncared for, discarded, or abandoned.
3.Â
OWNER – Shall mean the owner or owners of record as shown by
the most current tax roles of the county treasurer.
[Amended 5-14-1999, Ordinance
1999-5 § 1]
1.Â
Any officer or employee of the City of Weatherford who discovers an accumulation of trash or weeds upon any premises within the corporate limits of the city shall report such condition to the City Administrator who thereupon shall notify the owner of the premises of the provisions of this article and the date and time of the hearing provided for in Section 14-21 below. The notice shall be given by certified mail with return receipt requested at the address shown by the current year's tax roles in the County Treasurer's Office.
2.Â
If the property owner cannot be located as shown by the return receipt,
or if the return receipt is not returned within 10 days from the date
of mailing by the city, notice may be given by publication in a newspaper
of general circulation one time not less than 10 days prior to the
day of any hearing or action by the city. However, if the property
owner cannot be located within 10 days from the date of mailing by
the municipal governing body, notice may be given by posting a copy
of the notice on the property.
3.Â
If the City of Weatherford anticipates summary abatement of a nuisance
in accordance with the provisions of paragraph 4 of this section,
the notice whether by certified mail or publication, shall state:
"that any accumulations of trash or excessive weed or grass growth
on the owner's property occurring within six months after the
removal of trash or cutting or mowing of weeds or grass growth on
the owner's property pursuant to such 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."
4.Â
If the City of Weatherford causes 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 paragraph 3 above, 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 paragraph 3 of this section. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided in Section 14-23 of this article.
Any owner may avoid the penalty provided in Section 14-24 hereof if within 10 days from the date of receipt of the notice provided for in the preceding section, the owner shall either:
1.Â
Cut, remove or destroy the trash or weeds in accordance with the
notice; or
2.Â
Give written consent authorizing the city to abate the trash or weeds
thereby waiving his right to a hearing; or
3.Â
Request in writing to the City Commission a hearing as hereafter
provided and, if within three days after an order of abatement is
rendered at the hearing, the owner abates the trash or weeds.
Unless written consent to abatement has been received from the
property owner, the City Commission shall meet on the day and time
specified for the hearing in the notice which shall be at least 10
calendar days from the date of receipt of the notice. The owner shall
have the right to be represented by counsel, to present testimony
and other evidence and to cross-examine witness. The City Commission
shall make its determination at the conclusion of the hearing. If
the City Commission determines that the accumulation of trash or weeds
has caused the owner's property to become detrimental to the
health, benefit or welfare of the public or a traffic or fire hazard,
it shall order that the trash or weeds be abated.
In the event that the owner has not abated the trash or weeds
within 10 days of receipt of notice or within three days of any order
of abatement, or upon written consent from the owner, the city shall
cause the trash or weeds to be cut, removed, or destroyed. The abatement
may be done by the city directly or may be let by contract to the
lowest and best bidder for a period not to exceed one year.
The city shall determine the actual cost of the abatement, including
the cost of notice and mailing. The City Clerk shall forward to the
owner a statement and demand for payment thereof by certified mail
with return receipt requested.
If payment is not made within 30 days from the day of mailing
the statement, the City Clerk shall forward a certified statement
of the amount of the cost to the County Treasurer and such cost shall
be levied on the property and collected by the County Treasurer as
other taxes authorized by law. The cost and 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 any time prior to
collection as provided in this section, the city may pursue any civil
remedy for collection of the amount owing and interest thereon. Upon
receiving payment, if any, the City Clerk shall forward to the County
Treasurer a notice of such payment and directing discharge of lien.
