1. It shall be unlawful for any owner of any lot, tract or parcel of land situated wholly or in part within the corporate 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 trash or weeds.
2. Any officer or employee of the city who discovers an accumulation of trash or growth of grass and weeds, or both these conditions, upon any premises within the corporate limits of said city, shall report the condition to the Administrative Officer (who shall be appointed by the City Council) if, as a result of the accumulation or growth, the premises appear to be:
a. Detrimental to the health, safety, benefit and welfare of the public and the community;
b. A hazard to traffic; or
c. A fire hazard to property.
3. Upon receiving the report provided for in subsection 2. above, or upon receipt of equivalent information from any reliable source, and upon determination that a nuisance or violation of the code of ordinances exists, the Administrative Officer shall give written notice of the finding and direct the owner or occupant to abate the condition within ten days.
4. The written notice provided for in subsection 3. above shall be sent to the owner of the property at the address shown by the current year’s tax rolls in the office of the Treasurer of the county in which the property is located. The Administrative Officer or designee shall obtain a receipt of mailing from the postal service, the receipt shall indicate the date of mailing and the name and address of the mailee. If the owner cannot be served by mail, notice may be given by publication as provided in 11 O.S. §22-111, one time, not less than ten days prior to any hearing or action by the city. If the City Council anticipates further abatement of any nuisance in accordance with provisions of this section, the notice shall state that “Any accumulations of trash or excessive weed or grass growth on the property occurring within six months after the initial removal of trash or the cutting or mowing of weeds or grass on the property pursuant to such notice may be summarily abated by the City Council. Further, the costs of such abatement shall be assessed against the owner, and a lien may be imposed on such property to secure such payment. All such actions may be taken without further notice to the property owner.”
5. The owner of the property may give his or her written consent to the city authorizing the removal of the nuisance; by providing written consent, the owner waives his or her right to a hearing.
6. Upon a finding that a condition exists as set out in subsection 2. above, and that the property would be benefitted by the removal of such condition, and after at least ten days from the date of receipt of the notice by the owner or occupant or the date of publication, the Administrative Officer shall order the property to be cleaned of trash, or order trash or weeds to be cut, removed or destroyed, unless the owner:
a. Has cut, removed or destroyed the trash or weeds in accordance with the notice; or
b. Has filed a written request for a hearing on the matter with the City Clerk within a ten-day period to appeal the Administrative Officer’s decision to the City Council. If the owner or occupant has given written consent authorizing the city to abate the trash or weeds, any right to a hearing shall be considered waived, and the owner shall pay for the cost of the work. The City Council may affirm, reverse or modify the order of the Administrative Officer. The City Council’s review shall be limited to a review of the finding of facts and order of the Administrative Officer to determine if the provisions of this section have been complied with.
7. At any hearing onto the matter, the Administrative Officer may receive information thereto, including anything which may be presented by the owner of the premises, personally or by agent or attorney. The Administrative Officer shall prepare a written finding of the facts and order which will be placed in the property files.
8. The work ordered to be performed under this section may be done by the city or it may be let by contract to the most responsible and most responsive bidder for a period of not to exceed one year. Immediately following the cleaning or mowing, the City Clerk shall file a notice of lien with the County Clerk, in accordance with state law.
9. Upon completion of the work ordered to be performed under this section, the city shall prepare a statement, itemizing each tract of property involved, as follows: labor; machinery rental or depreciation; fuel and supplies; cost of notice; other costs and indirect costs; along with a demand for payment of the total cost, and forward it by certified mail, with return receipt requested, to:
a. The owner of the property at the address shown by the current tax rolls in the office of the Treasurer of the county in which the property lies; or
b. To the address given by the person giving written consent or requesting the appeal, as provided for hereinabove.
10. If the costs of the work performed under this section are not paid within 30 days from the date of mailing the statement prescribed by subsection 9. above, the City Clerk shall forward a certified statement of the amount of the costs to the County Treasurer of the county in which the property upon which the work was done is located, in order that the amount be levied upon the property and be collected by the County Treasurer in the manner prescribed by the law of this state. The lien is co-equal 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. The lien shall continue until the cost is 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 owed and interest thereon. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of such payment, directing discharge of the lien.
11. If the City Council causes 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 this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a 12-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 municipality 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 ten days after the date of mailing the notice. The notice and hearing shall be as provided for in this section. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in this section; provided, however, that, this section shall not apply if the records of the County Clerk show that the property was transferred after notice was given pursuant to this section.
(Ord. 2013-02, passed 3-4-2013)