(A) Any officer or employee of the town who discovers an accumulation of trash or the growth of grass and weeds, or both of these conditions, upon any premises within the limits of the town shall report the condition to the Town Board of Trustees.
(B) The Town Board of Trustees may cause property within the town to be cleaned of trash and weeds, or grass to be cut or mowed, and the nuisance to be abated in accordance with the following procedure.
(1) At least ten 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 hearing provided for herein, or before action may be taken. 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 state that unless the work is performed within ten days of the date of the notice, the work shall be done by the town and a notice of lien shall be filed with the County Clerk against the property for the cost due and owing the town.
(2) At the time of the mailing of notice to the property owner, the town 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 mail-lee. However, if the property owner cannot be located within ten days from the date of mailing the same, notice may be given by posting a copy of the notice on the property or by publication, as provided by 11 O.S § 1-102, one time not less than ten days prior to any hearing or action.
(3) If the Town Board of Trustees anticipates summary abatement of a nuisance in accordance with the provisions as herein provided, the notice, whether by mail or publication, shall state that: any accumulations of trash, or excessive weeds 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, on the property pursuant to the notice may be summarily abated by the town, that the cost of such abatement shall be assessed against the owner, and that a lien shall be imposed on the property to secure such payment, all without further notice to the property owner.
(4) The owner of the property may give his or her written consent to the town authorizing the removal of the trash, or the mowing of the weeds or grass. By giving his or her written consent, the owner waives his or her right to a hearing by the town.
(5) A hearing may be held by the Town Board of Trustees 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, or welfare of the public and the community, or a hazard to traffic, or creates a fire hazard to the danger of property.
(6) Upon a finding that the condition of the property constitutes a detriment or hazard and that the property would be benefitted by the removal of such conditions, the agents of the town are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, cleaning, and performance of necessary duties as a governmental function of the town. Immediately following the cleaning or mowing of the property, the Town Clerk/Treasurer shall file a notice of lien with the County Clerk describing the property and the work performed by the town, and stating that the town claims a lien on the property for the cleaning and mowing cost.
(7) The Town Board of Trustees shall determine the actual cost of such cleaning and any other expenses as may be necessary in connection therewith, including the cost of the notice and mailing. The Town Clerk/Treasurer shall forward by mail to the property owner specified in this section a statement of the actual cost and demanding payment. If the cleaning and mowing are done by the town, 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.
(8) If payment is not made within 30 days from the date of the mailing of the statement, the Town Clerk/Treasurer 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. The cost and the interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer and shall continue until the cost shall be fully paid. Upon receiving payment, if any, the Town Clerk/Treasurer shall forward to the County Treasurer a notice of such payment and directing discharge of the lien or part thereof.
(9) The town may designate an Administrative Officer or administrative body to carry out the duties of the Town Board of Trustees. The property owner shall have a right of appeal to the Town Board of Trustees from any order of the Administrative Officer or administrative body. The appeal shall be taken by filing written notice of appeal with the Town Clerk/Treasurer within ten days after the administrative order is rendered.
(10) If the Town Board of Trustees causes property within the town limits to be cleaned of trash and weeds, or grass to be cut or mowed, in accordance with the procedures provided for in 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 summary, abatement the town shall notify the property owner of the abatement and costs thereof. The notice shall state that the property owner may request a hearing within ten 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 in this section. However, these summary abatement procedures shall not apply if the records of the County Clerk show that the property was transferred after the notice was given pursuant to this section.
(C) The provisions of this section shall not apply to any property used for agricultural purposes.
(Prior Code, § 8-303)
Statutory reference:
Definitions, see 11 O.S. § 1-102