The City Manager is hereby authorized to cause any of the nuisances defined herein to be abated in accordance with the following procedures:
(A) The City Manager or his or her designee may determine whether the accumulation of trash, growth of weeds or grass or other nuisances 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 the property in accordance with the following procedures:
(1) At least ten days prior to hearing on determination of the nuisance; and (Notice of the intended abatement and hearing before the City Manager, or his or her designee, shall be given to the owner of the property by certified mail with return receipt requested at the address shown by the current year's tax rolls in the County Treasurer's office.)
(2) A copy of the notice of the hearing on determination of the nuisance shall be posted in prominent view on the property at least ten days prior to the hearing.
(B) The owner of the property may give his or her written consent to the city authorizing the removal of the trash, the mowing of weeds or grass or other nuisances. By giving the written consent the owner waives his or her right to a hearing by the city.
(C) If the City Manager, or his or her designee, finds the condition of the property constitutes a detriment or hazard and that the property would be benefitted by the removal of the conditions, the City Manager shall direct the clearing or cleaning be done:
(1) By the city, provided the actual cost of the labor, maintenance and equipment required does not exceed $2,500; or
(2) On a private contract basis, in which case it shall be awarded to the lowest and best bidder.
(D) After the property has been cleaned, the City Manager, or his or her designee, shall determine the actual cost of the cleaning and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The City Clerk shall forward, by certified mail with return receipt, requested to the property owner, at the address specified in division (A) above, a statement of the actual costs and demanding payment.
(E) 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. The city shall have a lien on the property for the costs together with the interest thereon.
(F) The property owner shall have a right of appeal to the City Council from any order of the City Manager, or his or her designee, issued pursuant to this section by filing written notice of appeal with the City Clerk within ten days after the administrative order is rendered.
(G) At any time prior to the collection, as provided herein, 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 as notice of the payment and directing discharge of the lien.
(Prior Code, § 9-314) (Ord. 1243, passed 7-19-83; Am. Ord. 1388, passed 1-21-86; Am. Ord. 1437, passed 2-7-89; Am. Ord. 1541, passed 9-19-95) Penalty, see § 10.99
Statutory reference:
Similar provisions, see 11 O.S. § 22-111