The Town Administrative Officer is authorized to 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:
(A) Authority to determine. The Town Administrative Officer or his or her designee may determine whether the accumulation of trash, growth of weeds or grass or other nuisances have caused the property to become detrimental to the health, benefit or welfare of the public and the community or a hazard to traffic, or create a fire hazard to the danger of the property.
(B) Notice to property owner. 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 costs due and owing the town.
(C) Receipt of mailing notice. At the time of 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 mailee. 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(8), one time, not less than ten days prior to any hearing or action.
(D) Summary abatement.
(1) If the town anticipates summary abatement of a nuisance in accordance with the provisions as herein provided, the notice, whether by mail, posting or publication, shall state:
(a) 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;
(b) That the costs of such abatement shall be assessed against the owner; and
(c) That a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner. At the time of each summary abatement, the Town Clerk-Treasurer 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.
(2) If a notice is given by the town to a property owner ordering the property 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 such summary abatement, the town 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. This division (D)(2) shall not apply if the records of the County Clerk show that the property was transferred after notice was given pursuant to this section.
(E) Written consent of property owner. 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.
(F) Hearing; right to appeal. A hearing may be held by the Town Administrative Officer 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. The property owner shall have a right of appeal to the Town Administrative Officer, except that if the Town Administrative Officer conducts the initial hearing, then the right of appeal is to the Town Board of Trustees. The appeal shall be taken by filing written notice of appeal with the Town Administrative Officer within ten days after the administrative order is rendered.
(G) Clearing or cleaning by town; right of entry.
(1) If the Town Administrative Officer finds the condition of the property constitutes a detriment or hazard and that the property would be benefited by the removal of such conditions, the Administrative Officer shall direct the clearing or cleaning be done by one of the following methods:
(a) By the town, provided the actual cost of the labor, maintenance and equipment required does not exceed $1,000; or
(b) On a private contract basis, in which case it shall be awarded to the lowest and best bidder.
(2) 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 costs, and that such costs are the personal obligation of the property owner from and after the date of filing of the notice.
(H) Determination of costs. After the property has been cleaned, the Administrative Officer 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.
(I) Failure to pay; lien against property. 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, 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.
(J) Collection of costs; civil remedy. At the time of collection, the County Treasurer shall collect a fee of $5 for each parcel of property. The fee shall be deposited to the credit of the General Fund of the county. If the County Treasurer and the town agree that the County Treasurer is unable to collect the assessment, the town may pursue a civil remedy for collection of the amount owing and interest thereon by an action in person against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. 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.
(K) Exception. The provisions of this section shall not apply to any property used for agricultural purposes.
(Prior Code, § 4-3-5)