A. The city council may cause weeds, grass, brush, trees or vegetation to be cut on any lot or parcel of land and/or trash and/or graffiti to be removed from property within the city limits in accordance with the following procedures:
1. Nuisance Declared: Live or dead weeds, grass, brush, trees or vegetation, when uncut, and trash unattended, and graffiti found on any property, lot or parcel of land within the city are categorically declared to be a nuisance.
2. Administrative Officer: As provided by statute, the city has designated by this chapter the city's code enforcement officer to function as the city's administrative officer to carry out the duties of the city council in this subsection. Unless expressly stated otherwise, those functions assigned to the city council have been delegated to the administrative officer.
3. Consent To Abate: The owner of subject property may give written consent to the city authorizing the mowing of weeds or grass or the removal of trash or graffiti. By giving written consent, the owner waives the right to a hearing before the city council or otherwise to object to such mowing or removal.
4. Power To Abate: In the event that consent of the owner cannot be obtained or is refused, the administrative officer shall cause weeds or grass to be cut or mowed and/or trash and/or graffiti to be removed from property within the city limits in accordance with the procedures stated in this subsection A.
5. Reporting Procedure: The administrative officer or any other officer, employee or resident of the city who discovers an excessive growth of grass or weeds, or an accumulation of trash, or the presence of graffiti upon any premises within city limits by reason of which such premises appears to him or her to be:
a. Detrimental to the health, benefit and welfare of the public and the community;
b. Hazardous to traffic;
c. A fire hazard or other substantial danger to property,
shall report such condition to the administrative officer.
6. Notice Required: The administrative officer shall give the owner of the subject property at least ten (10) days' notice by certified mail, return receipt requested, at the address shown by the current year's tax rolls in the county treasurer's office before the administrative officer shall take any further action.
7. Receipt Of Mailing; Posting Notice: At the time of mailing of notice to the property owner, the city 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 recipient. However, if the property owner cannot be located within ten (10) days from the date of mailing, notice may be given by posting a copy of the notice on the property or by publication, as defined in 11 Oklahoma Statutes section 1-102, one time not less than ten (10) days prior to any hearing or further action by the administrative officer.
8. Order To Abate: The notice shall order the property owner to cut weeds, grass, brush, trees or vegetation close to the ground and/or to remove all trash at any place where such conditions may exist on the entire premises, including all parking areas, adjoining and surrounding lots, tracts or parcels of ground under the same ownership. In the case of graffiti, the notice shall request that the property owner give consent to the city for city personnel to remove the graffiti.
9. Content Of Notice: The notice shall further state that, in relation to grass, weeds and/or trash, unless such work is performed within ten (10) days of the date of the notice, or an appeal is taken as provided in subsection A13 of this section, the work shall be done by the city, and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the city. In connection with graffiti, the notice shall state that, unless written consent is given to the city for removal, the city shall assert a right of entry and remove the graffiti under its own authority.
10. Summary Process: The notice, whether by mail, posting or publication, shall state that any accumulations of excessive weeds or grass growth or trash on the owner's property occurring within six (6) months from and after the date of the notice may be summarily abated by the city council in accordance with subsection B of this section.
11. Assignment Of Costs For Weeds, Grass And Trash: In the case of grass, weeds or trash, the notice shall further state that the costs of such abatement shall be assessed against the owner, and a lien may be imposed on the property to secure such payment, all without further notice to the property owner.
12. No Assignment Of Costs For Graffiti: Removal of graffiti by the city pursuant to the provisions of this section shall be performed at the sole expense of the city; except, that such costs may be assessed against the perpetrator of the graffiti in the course of a prosecution for graffiti in the municipal court. In removing graffiti, the city shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property; provided, that the city and its officers, employees or agents shall not be liable for any damages or loss of property due to the removal of graffiti performed pursuant to the provisions of this section.
13. Right Of Appeal To City Council: The notice shall also state that the property owner has a right of appeal to the city council from any foregoing order of the administrative officer. Such appeal may be taken by filing a written request for appeal with the city clerk within ten (10) days after the administrative order is served upon the property owner. There is no prescribed form for such request for appeal and any writing expressing the intent of the property owner to appeal the order of the administrative officer to the city council shall be sufficient.
14. Hearing Before City Council: In the event that the property owner exercises the privilege granted by subsection A13 of this section, the administrative officer shall take no further abatement action until a hearing has been held by the city council to determine whether the growth of weeds or grass, or the accumulation of trash, or the placement of graffiti constitutes a nuisance as defined by this chapter.
15. Right Of Entry: Upon a finding by the city council that the condition of the property constitutes a nuisance and that the property would benefit from the removal of such conditions, agents of the city are thereby granted the right of entry on the property for the mowing of weeds or grass, or the removal of trash or graffiti, and the performance of such functions, whether by employees or contractors of the city, shall be deemed one of the necessary duties of governing the city.
16. City Or Contracted Workers: The work ordered to be performed under this subsection may be done by employees of the city under supervision of the director of public works 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.
17. Cost Report: Upon completion of the work ordered to be performed under this subsection, the director of public works shall report the cost thereof to the administrative officer.
18. Bill Of Costs: It shall be the duty of the administrative officer to create or cause to be created a bill of costs to document and include all expenses incurred by the city in the foregoing abatement and to deliver the same to the city clerk. Such report shall be itemized as to each tract as follows: labor, machinery rental or depreciation, fuel and supplies, cost of notice and other costs.
19. Miscellaneous Costs: The city clerk shall add any other costs related to the abatement that are not included in the bill of costs presented by the administrative officer.
20. Demand For Payment: In the case of cutting or mowing of grass or weeds, or the removal of trash, the administrative officer shall forward by mail to the property owner a statement of such actual costs and a demand for payment. The cost to the property owner for the cleaning and/or mowing shall not exceed the actual cost of the labor, maintenance, and equipment required. This subsection A20 shall not apply to the removal of graffiti.
21. Levy Of Lien: If payment is not made within thirty (30) days from the date of the mailing of the statement, then, within the next sixty (60) days, the city clerk shall forward a certified statement of the amount of the costs to the county treasurer, and the same shall be levied on the property and collected by the county treasurer in the same manner and coequal 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 such property. A corresponding notice of lien shall be filed of record with the county clerk describing the property, the work performed by the city, the costs and stating that the city claims a lien on the property for such cleaning or mowing costs.
22. Continuing Lien: Until fully paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the county treasurer. In addition, such costs and the interest thereon shall be a lien against the property from the date the costs are certified to the county treasurer, and such lien shall continue until such costs shall be fully paid.
23. Service Of Notice Of Lien: The property owner shall be served notice by the city attorney of such property owner's opportunity to satisfy the lien prior to the commencement of foreclosure proceedings. This notice shall be served by delivery in hand to such property owner if he or she can be found or, in case he or she cannot be found, then by leaving a copy with some occupant on the premises above the age of fourteen (14) years, or by posting a copy on the door or other convenient or conspicuous place on the premises, or by publication, as defined in 11 Oklahoma Statutes section 1-102, one time not less than ten (10) days prior to any further action by the administrative officer. In any case, where personal delivery to the property owner is not possible, any form of alternate delivery shall also be supplemented by certified mail, return receipt requested.
24. Release Of Lien: If the property owner satisfies the lien, a release of lien shall be filed of record. Upon receiving sufficient payment to satisfy the lien, the city clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien.
25. Right To Foreclose: If the costs and interest thereon remain unpaid, the foregoing lien may be enforced by foreclosure against the subject property in the same manner as other liens. In the event the city manager or his/her designee determines to proceed with foreclosure, the city attorney shall ensure that the city observes all lawful requirements, including publication of notice, to afford the property owner such rights of due process as he or she would enjoy in the foreclosure of a tax lien.
26. Liability For Civil Damages: The fact that the city has abated and removed the nuisances of excessive grass or weeds or the accumulation of trash, or may have commenced foreclosure proceedings, shall not excuse the party responsible for the nuisance condition from any civil damages to person or property that may have been caused by the nuisance condition prior to abatement. The city, or any private person in the case of a private nuisance, may bring a civil action to recover such damages in the Tulsa district court. (Ord. 646, 3-21-2011)
27. Misdemeanor Charges: Notwithstanding the execution of abatement proceedings and/or foreclosure of the subsequent lien and/or a civil action for damages, the owners of property or persons otherwise in possession or control of property located within the city limits allowing weeds to grow or stand or trash to accumulate upon the premises may be charged with a misdemeanor in the municipal court and shall, upon conviction, be guilty of an offense punishable as provided in section 1-4-1 of this code and as set forth in the municipal bond schedule adopted by the governing body as provided in section 1-11-19 of this code, each day being a separate offense.
28. Prosecution For Graffiti: Graffiti may be regarded as a subset of vandalism or malicious mischief, meaning the gratuitous, deliberate and malicious defacement or destruction of private or public property not belonging to the person committing those acts. As such, the finding of graffiti as a nuisance does not preclude or mitigate the possibility of criminal prosecution for vandalism. Any person violating the provisions of this subsection A28 shall, upon conviction, be guilty of an offense punishable as provided in section 1-4-1 of this code and as set forth in the municipal bond schedule adopted by the governing body as provided in section 1-11-19 of this code, each day being a separate offense, and/or reimbursement of the costs incurred by the city for removal of the graffiti. (Ord. 646, 3-21-2011; amd. 2013 Code)
B. If notice is given 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 in subsection A of this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a six (6) 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 administrative officer shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing with the city council within ten (10) days after the date of mailing the notice. The notice and hearing shall be as provided in subsection A of this section. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided in subsection A of this section. This subsection shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to subsection A of this section.
C. The provisions of this section shall not apply to any property zoned and used for agricultural purposes or to railroad property under the jurisdiction of the Oklahoma corporation commission; provided, that the administrative officer may cause the removal of weeds or trash from property zoned and used for agricultural purposes pursuant to the provisions of this section if, but only if, such weeds or trash pose a hazard to traffic and are located in or within ten (10) yards of a public right of way at one or more intersections. (Ord. 646, 3-21-2011)