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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
OCCUPANT. The person(s) in actual or constructive possession of real property.
OWNER. The owner of record of real property as shown by the most current tax rolls of the County Treasurer.
TRASH. Any refuse, litter, ashes, debris, paper, salvage, combustible materials, rubbish, offal or waste, lumber or other building materials, any nonfunctional equipment or tools or furniture, or matter of any kind or form which is uncared for, discarded, or abandoned.
(Ord. 3203, passed 7-7-09)
The following shall not be deemed accumulation of debris or trash as defined above:
(A) Lawn furniture or picnic and playground equipment in use or items customarily found in use on the premises;
(B) Materials used during construction, building, remodeling or improvement of structures on premises with a current building permit;
(C) Items placed at the side of the street for bulk waste pick-up no more than five days prior to the scheduled date of pick-up by the city’s contracted waste collection company.
(Ord. 3203, passed 7-7-09)
It shall be unlawful and an offense for any owner or occupant of any lot, tract or parcel of land to allow trash to accumulate or exist upon such premises, or along the unpaved streets, unpaved alleys or public easements adjacent to such premises, and it shall be the duty of such owner or occupant to remove any and all trash on such premises.
(Ord. 3203, passed 7-7-09)
(A) Whenever the city shall determine that a nuisance exists, notice shall be given to the owner of the property in person, by mail at the address shown by the current year’s tax rolls in the County Treasurer’s office, or by posting a copy of the notice on the property, or by publication as defined in 11 O.S. § 1-102 one time not less than ten days prior to any hearing or action by the city. The notice shall order the property owner to clean the property of trash, and said notice shall further state that unless such work is performed within ten days of the date of the notice the work shall be done by the city and the full cost charged to the property owner. Notice may also be given by posting or placarding the property or by publication, as defined in 11 O.S. § 1-102.
(B) If the city anticipates summary abatement of the nuisance in accordance with the provisions of division (A) of this section, the notice as defined by 11 O.S. § 22-111, shall state:
(1) That any accumulations of trash on the owner’s property occurring within six months from and after the date of this notice may be summarily abated by the municipal governing body;
(2) That the costs of such abatement shall be assessed against the owner; and
(3) That a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.
(Ord. 3203, passed 7-7-09)
(A) The owner may give written consent authorizing the city to abate the nuisance under § 13-24 hereof. Such consent shall waive his right to a hearing under the provisions of this section.
(B) At any time within ten days from the date of the notice and order provided for in this article, the owner may request, in writing to the City Manager, a hearing to be conducted for the purpose of contesting the determination that a nuisance exists upon his property. The City Manager shall conduct such hearing as soon as may be practicable but not earlier than five days after receipt of the owner’s request for such hearing, and not later than 15 days after such receipt.
(C) At such hearing, the owner shall have the right to be represented by counsel; to present testimony, other evidence and arguments; and to cross examine witnesses. All testimony shall be taken under oath. If the City Manager, after such hearing, shall determine that the trash accumulated or existing upon the property in question constitutes a nuisance detrimental to health or constitutes a fire or traffic hazard or blighting effect on the neighborhood and shall determine that the person or persons requesting such hearing are owners of the property upon which such nuisance is located, the City Manager shall file in writing his findings in fact, and his order that such nuisance be abated within ten days and shall cause such findings and order to be served upon such owner at the conclusion of the hearing.
(Ord. 3203, passed 7-7-09)
An appeal from a final order of the City Manager made pursuant to the provisions of this article may be had by any person aggrieved thereby by filing with the City Clerk, within ten days from the date of the City Manager’s final order, a written notice of appeal. The City Clerk shall set the matter for a hearing before the City Council and shall notify the appellant by registered mail of the time and date when the matter will be heard. Upon the filing of the notice of appeal, the City Manager shall transmit to the City Clerk all records and orders pertaining to the case. The City Council, after hearing the matter in a summary manner, may sustain, reverse, or modify the order of the City Manager.
(Ord. 3203, passed 7-7-09)
(A) In the event that no hearing shall have been requested as provided for in this article or the City Manager or City Council, after such hearing, shall have ordered such nuisance to be abated as aforesaid and such nuisance shall not have been abated within the respective period specified, then the city may cause such nuisance to be abated forthwith by removing same, in as many instances as may be necessary for continued abatement of the nuisance, and may cause a complaint to be filed against such owner in the Municipal Court for violation of provisions of this article, or both.
(B) To affect abatement, the city may cause the nuisance to be abated by employees for the City or, in the alternative, may prepare appropriate specifications, advertise for bids and award a contract for such abatement to the lowest and best bidder. The cost of abating any such nuisance, in each and every instance where abated, shall be borne by the property owner and shall be assessed as hereinafter provided.
(C) If the city causes property within the municipal limits to be cleaned of trash, any subsequent accumulations of trash on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated without further notice to the property owner. At the time of each such summary abatement the City Manager or his or her designee shall notify the property owner of the abatement and the costs thereof.
(Ord. 3203, passed 7-7-09)
(A) When the owner of the property upon which the nuisance is located has failed or refused to abate said nuisance the city shall cause said nuisance to be abated and the actual and necessary costs required to be expended by the city together with such administrative expense for mailing of notices, and the like, said administrative expenses not to exceed the amount established in the Fee Schedule, and the total of said costs, shall be certified to the office of the City Clerk, who shall be responsible for billing all of said costs to the property owner.
(B) The City Clerk or his or her designee shall forward by mail to the property owner at the address specified in § 13-24 a statement setting forth the total costs for removal of;trash and demanding payment.
(C) If payment is not made within 30 days from the date of the mailing of the statement, 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 is located and such costs shall be a lien against the property, until paid, and shall be collected in the same manner as ad valorem taxes against the property, and when collected shall be paid to the city.
(D) Until fully paid, the cost 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.
(Ord. 3203, passed 7-7-09)
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