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A. Notice To Owners; Summary Abatement:
1. For all violations of this chapter, other than subsection 5-1-3A of this chapter (dilapidated, unsightly buildings), at least ten (10) days' notice shall be given to the owner of the property by mail at the address shown on the current year's tax rolls in the county treasurer's office, before the city commission holds a hearing or any city employee takes action. The notice shall order the property owner to correct the violation on the property, as appropriate, and the 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 and certified to the county treasurer against the property for the costs due and owing the city. (Ord. 909, 3-12-2007; amd. Ord. 913, 4-9-2007; 2013 Code)
2. At the time of mailing of notice to the property owner, the code official 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 designated recipient. However, if the property owner cannot be located within ten (10) days from the date of mailing by the code official, notice may be given by posting a copy of the notice on the property or by publication in a newspaper of general circulation in the city one time not less than ten (10) days prior to any hearing or action by the code official.
3. If the code official anticipates summary abatement of a nuisance in accordance with the provisions of 11 Oklahoma Statutes section 22-111(B), the notice, whether by certified mail, posting or publication, shall state that, without further prior notice to the property owner:
a. That any violation on the owner's property reoccurring within six (6) months after initial abatement may be summarily abated by the city;
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 payment of such costs, all without further prior notice to the property owner.
B. Written Consent Of Owner; Waiver Of Hearing: The owner may give written consent authorizing the city to abate the nuisance declared under section 5-1-3 of this chapter. Such consent shall waive the right to a hearing under the provisions of this section.
1. At any time within ten (10) days from the date of the notice and order provided for in subsection A of this section, the owner may request a hearing to be conducted for the purpose of contesting the determination that a nuisance exists upon his property. Such request shall be in writing and it shall be filed with the city clerk.
2. The city commission shall conduct such hearing as soon as may be practicable but not earlier than five (5) days after the filing of the owner's request for such hearing and not later than thirty (30) days thereafter.
3. Notice of the date of hearing shall be mailed to the owner, certified mail with return receipt requested, at the address specified in subsection A of this section at least five (5) days prior to the date of the hearing.
a. The owner has consented to abatement or no hearing has been requested as provided for in this section; or
b. The city commission, after such hearing, has found that a nuisance exists as defined by this chapter, has ordered such nuisance to be abated as aforesaid; and
c. Such nuisance has not been abated within the period specified;
the code official or city manager may cause such nuisance to be abated forthwith by removing same, or may cause a complaint to be filed against the owner of the property pursuant to this section, in the municipal court, for violation of the provisions of this chapter, or both. Removal of the nuisance may be accomplished by any necessary means including, but not limited to, the cutting or mowing of weeds and grass and the cleaning of trash from the property.
2. To effect abatement, the code official or city manager may cause the nuisance to be abated by employees of the city or in the alternative, the city commission may 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. (Ord. 909, 3-12-2007)
E. Costs: The city commission shall determine the actual cost of such abatement 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 specified in subsection A of this section a statement of such actual cost and demanding payment. The city also reserves the right to pursue any other cost collection procedures not prohibited by state law. (Ord. 909, 3-12-2007; amd. Ord. 913, 4-9-2007)
F. Collection Of Costs: 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 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. 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. 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 assessments 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. (Ord. 909, 3-12-2007; amd. 2013 Code)
G. Compliance With Statute: This section is set to follow 11 Oklahoma Statutes section 22-111. Any changes or amendments to said statute shall be deemed to change this section. (2013 Code)