[Ord. 1070-2005, 9-19-2005]
It is hereby declared the legislative intent of the council
is to conform to the provisions of 11 Oklahoma Statutes Section 22-111,
and to provide that the abatement board shall be the initial hearing
board for all code compliance cases concerning the abatement of trash,
weeds or grass, pursuant to 11 Oklahoma Statutes Section 22-111, paragraph
A7.
[Ord. 1070-2005, 9-19-2005]
As used in this chapter:
Wrecked or derelict personal property, including, but not
limited to, wrecked, inoperative or partially dismantled trailers,
boats, machinery, refrigerators, washing machines, stoves, hot water
heaters, plumbing fixtures, furniture and other household appliances.
The compliance officer or such other employee designated
by the City of Tahlequah to enforce the provisions of this Code.
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, and "abandoned property"
as defined in this section.
Includes, but 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 said 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.
[Ord. 1070-2005, 9-19-2005]
It is unlawful for owners of property or persons otherwise in
possession or control located within the municipal limits of the City
of Tahlequah to allow trash to accumulate, or weeds to grow or stand
upon the premises. The premises for which the owner or occupant is
responsible, shall include that portion of streets, rights of way,
parkways, alleys, sidewalks, public utility easements, storm drains,
ditches and gutters which adjoins their property.
[Ord. 1070-2005, 9-19-2005]
Any officer or employee of the City who discovers, in the performance of their duties, an accumulation of trash or the growth of grass or weeds or any or all of these conditions, as defined in Section 8-102 of this chapter, upon any premises within the limits of the City, shall report the condition to the administrative officer if, as a result of the accumulation or growth the premises appear to be:
[Ord. 1070-2005, 9-19-2005]
A.
The administrative officer 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 administrative
officer 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 City of Tahlequah and a notice of lien
shall be filed with the county Clerk against the property for the
costs due and owing the City of Tahlequah. Employees or 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 of Tahlequah.
2.
At the time of mailing of notice to the property owner, the administrative
officer 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.
3.
If the property owner cannot be located within 10 days from the date
of mailing by the administrative officer, notice may be given by posting
a copy of the notice on the property or by publication in a legal
newspaper of general circulation in the City, maintaining an office
in the City, one time not less than 10 days prior to any action by
the administrative officer.
4.
If the administrative officer anticipates summary abatement of a nuisance in accordance with Section 8-108 of this chapter, the notice, whether by mail, posting or publication, shall state: 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 of Tahlequah; 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.
[Ord. 1070-2005, 9-19-2005]
The owner of the property and the administrative officer may
agree to an abatement plan within 10 days from the date of the administrative
officer's notice. Such abatement plan shall be in writing, signed
and dated by the owner of the property and the administrative officer.
Should any owner fail to comply with an abatement plan the City of
Tahlequah shall have the right to abate the property without further
notice to the owner. Employees or agents of the City shall have right
of entry to abate the property.
[Ord. 1070-2005, 9-19-2005]
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 abatement board and appeal to the City council.
[Ord. 1070-2005, 9-19-2005]
A.
If a notice is given by the administrative officer to a property owner ordering the property within the municipal limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in Section 8-105 of this chapter, 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 by the abatement board within 10 days after the date of mailing the notice. Unless otherwise determined at the hearing the cost of such abatement shall be determined and collected as provided for in Section 8-110 of this chapter.
[Ord. 1070-2005, 9-19-2005]
A.
Any property owner aggrieved by any notice or order of the administrative
officer may request a hearing by the abatement board. Such hearing
request shall be taken within 10 days from the date of the administrative
officer's notice by filing with the City Clerk a written request
for hearing specifying the grounds thereof, and by paying a filing
fee of $25 at the office of the City Clerk at the time the request
is filed. Failure to request a hearing within the ten-day period will
act as a waiver of the property owner's right to a hearing by
the abatement board and appeal to the City council, and may result
in the City of Tahlequah abating the property.
B.
A request for hearing stays all further actions by the administrative
officer.
C.
The abatement board shall hear the matter and receive information
thereon, including anything, which may be presented by the owner of
the premises, personally or by agent or attorney. The abatement board
may affirm, reverse or modify the notice or order of the administrative
officer.
D.
If the abatement board determines that the condition specified in Section 8-104 of this chapter exists upon such premises, it shall order the property to be cleaned of trash or the weeds and grass cut or mowed or both cleaning, cutting and mowing if necessary to abate the condition found to exist.
E.
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 employees or agents of the City of Tahlequah
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 of Tahlequah. 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
of Tahlequah claims a lien on the property for the cleaning or mowing
costs.
[Ord. 1070-2005, 9-19-2005]
The property owner or any citizen of the City, or any officer,
department, board or bureau of the City, aggrieved by any order of
the abatement board shall have a right to appeal such order to the
City council. Such appeal shall be taken by filing written notice
of appeal with the City Clerk within 10 days after the abatement board
order is rendered. The City council may affirm, reverse or modify
the order of the abatement board.
[Ord. 1070-2005, 9-19-2005]
After the hearing and appeal time has expired or the City council has entered its order, the work ordered to be performed under Section 8-106 or 8-107 of this chapter may be done by the employees of this City, or it may be let by contract to the lowest and best bidder, after appropriate notice, in the manner for letting other contracts by public bid.
[Ord. 1070-2005, 9-19-2005]
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 City and stating that the
City claims a lien on the property for the cleaning or mowing costs.
The City Clerk shall also forward by mail to the property owner a
statement of the actual cost and demanding payments. If payment is
not made within 30 days of the mailing of the statement, the City
Clerk shall forward a certified statement of the amount of the cost
to the county Treasurer of the county in which the property is located
and the same shall be levied on the property and collected by the
county Treasurer as other taxes authorized by law.
[Ord. 1070-2005, 9-19-2005]
The City council 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.
[Ord. 1070-2005, 9-19-2005]
The service of all notices prescribed by this chapter, shall be evidenced as provided in Section 8-105 of this chapter or by personal service evidenced by the return of the officer making such service certified in his official capacity, and all evidence of service shall be filed in the office of the City Clerk.
[Ord. 1070-2005, 9-19-2005]
The provisions of Sections 8-101 through 8-114 of this chapter inclusive shall not apply to property zoned and used for agricultural purposes, except that the City council may cause the removal of weeds and trash from property zoned and used for agricultural purposes pursuant to the provisions of Sections 8-101 through 8-114 of this chapter inclusive, 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.
[Ord. 1070-2005, 9-19-2005]
It is unlawful for any person to throw, place or deposit any
rubbish, trash, slop, garbage, filthy substance, grass, weeds, trees,
brush or any other refuse or waste material in any street, avenue,
alley or in any ditch or watercourse, or upon the premises of another,
or upon any public ground in this City.
[Ord. 1070-2005, 9-19-2005]
It is the duty of any person, owner, lessee, agent of the owner
or lessee, or person having the charge and control of any premises
in the City on which there is located any water closet, privy, stable,
cow shed or stock pen or lot, or other place where refuse shall accumulate,
to remove any excrement, filth, manure, decayed, foul or offensive
matter therefrom and failure to do so shall constitute a misdemeanor.
[Ord. 1070-2005, 9-19-2005]
The owner or any person having charge of any animal dying in
this City, shall within 24 hours after the death of such animal, remove
its carcass, and failure to do so shall constitute a misdemeanor.
[Ord. 1070-2005, 9-19-2005]
A.
"Littering" is defined as throwing, dropping, depositing, or otherwise
placing any trash, garbage, wastepaper, tin can, bottles, any substance
which may cause a fire, except those which by law may be placed upon
highway rights of way, or any other object or debris of any kind upon
public streets, alleys, roadways, sidewalks, or other property of
the City or upon any real property owned or occupied by another. As
used in this section, littering shall not include trash, garbage,
or debris placed beside a public road for collection by a garbage
or collection agency, or deposited upon public or private property
that is authorized by the state or its agencies as an appropriate
place for such deposits if the person making the deposit is authorized
to use the property for such purpose.
B.
It is unlawful for any person to engage in the act of littering.
[Ord. 1070-2005, 9-19-2005]
A.
It is hereby declared to be unlawful for any person, firm or corporation
occupying any real property, either as tenant or owner, to allow trash,
wastepaper, litter objects, bottles, tin cans or any other used or
disposed of objects to accumulate upon such real property or premises
being so occupied or rented to such an extent as to constitute a littering
nuisance.
B.
It is unlawful for any person, firm or corporation occupying any
real property, either as tenant or owner, to allow accumulated trash,
wastepaper, litter objects, bottles, tin cans or any other used or
disposed of objects to be carried from the occupied premises, either
by the wind, elements or otherwise to any adjoining or other real
estate not so owned or occupied by the offender.
[Ord. 1070-2005, 9-19-2005]
The administrative officer shall enforce this chapter and shall
have the authority to issue citations to any person, firm, or corporation,
which violates, in any manner, this chapter.
[Ord. 1070-2005, 9-19-2005]
Any person, firm or corporation who is the owner or otherwise
in possession or control of property located within the City limits
who violates any of the provisions of this chapter or shall allow
trash to accumulate or weeds to grow or stand upon the premises shall
be deemed guilty of a misdemeanor and shall be punishable by fines
as determined by the municipal judge of up to $200 for the first violation
and up to $500 for repeat violators. Each day that a violation exists
shall constitute another violation.
[Ord. 1164-2009, 11-23-2009]
A.
Property abated by the City of Tahlequah shall have an administrative
fee of $100 charged and assessed against the owner.
B.
Property summarily abated by the City as per Section 8-108 of this chapter shall have an administrative fee of $50 charged and assessed against owner.
C.
Fees in this section shall be in addition to all costs incurred for
abatement of property.
