The City Manager, or his designee, may cause property within the City limits to be cleared of trash or weeds and grass to be cut or mowed in accordance with the following procedures:
A. At least ten (10) days' notice shall be given to the property owner, by mail, at the address shown by the current year's tax roll in the County Treasurer's Office, before the City Manager or his designee holds a hearing or takes action. 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 said notice shall further state that unless such work is performed within ten (10) days of the date of the notice, 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. 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 mailee. If the property owner cannot be located within ten (10) days of 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 1991, section 1-102, one (1) time not less than ten (10) days prior to a hearing or action by the City. If the City anticipates summary abatement of a nuisance in accordance with this chapter or applicable State law, the notice, whether by certified mail, or posting or publication, shall state that:
1. Any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six (6) months after the removal of trash or cutting or mowing of weeds or grass on the property pursuant to such notice may be summarily abated by the City;
2. The costs of such abatement shall be assessed against the owner; and
3. A lien may be imposed on the property to secure such payment all without further prior notice to the property owner. (Ord. 644, 5-15-2012)
B. The owner of the property may give his written consent to the City authorizing the removal of the trash or the mowing of the weeds or grass. By giving said written consent, the owner waives his right to a hearing.
C. A hearing may be held by the City Manager or his designee 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, and welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of property.
D. Upon finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such conditions, the agents of the City are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, and the performance of the necessary duties as a governmental function of the City. Immediately following the cleaning or mowing of the property, the City Clerk shall file a notice of lien with the County Clerk describing the property and the work performed by the City, and stating that the City claims a lien on the property for the cleaning or mowing costs.
E. The City Manager or his designee shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The City Clerk shall forward, by mail, to the property owner, a statement of such actual cost and demanding payment. (Ord. 505, 9-2-2003)
F. If payment is not made within thirty (30) days from the date of the mailing of the statement, then within the next thirty (30) days, the Municipal Clerk 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. Once certified by the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided for in this section. In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessment and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At the time of the collection the County Treasurer shall collect a fee of five dollars ($5.00) for each parcel or property. The fee shall be deposited to the credit of the General Fund of the County. If the County Treasurer and the Municipality agree that the County Treasurer is unable to collect the assessment, the Municipality 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 Municipal Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien. (Ord. 656, 10-2-2012)
G. The property owner shall have a right of appeal to the City Council from any order of the City Manager or his designee. Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten (10) days after the order of the City Manager or his designee is rendered. (Ord. 505, 9-2-2003)