Upon receiving the report provided in section 5-3-5 of this chapter, or upon receipt of equivalent information from any reliable source, the Board of Trustees or designee shall cause property within the Town limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the following procedure:
A. Notice To Remove:
1. The Code Enforcement Officer shall give notice to the owner of the private property by mail of removal at least ten (10) days by mail at the address shown by the current year's tax rolls in the County Treasurer's Office before the Town takes action. It shall constitute sufficient notice when, at the time of mailing of the notice to the property owner, the Code Enforcement Officer 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. 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 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 Town, and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing the Town.
2. If such person or entity cannot be found within ten (10) days prior to any hearing or action by the Town, then a copy of the notice may be served by posting a copy in some 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 hearing or action by the Town. If the Code Enforcement Officer anticipates summary abatement of a nuisance, the notice, whether by mail, posting, or publication, shall state that any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six (6) months from and after the date of this notice may be summarily abated by the Code Enforcement Officer; that the costs of such abatement shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.
3. The property owner may give written consent to the Town authorizing the removal of the trash or the mowing of the weeds or grass. By giving written consent, the owner waives the owner's right to a hearing by the Town.
B. Hearing:
1. A hearing may be held by the Code Enforcement 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, and welfare of the public and the community or a hazard to traffic or creates a fire hazard to the property.
2. At any time within ten (10) days from the date of the notice and order provided in this chapter, the owner may request, in writing to the Code Enforcement Officer, a hearing to be conducted for the purpose of contesting the determination that a nuisance exists upon his property. The Code Enforcement Officer shall schedule a meeting with the Board of Trustees at a time and place set by the Board. The Board of Trustees shall conduct such hearing as soon as may be practicable but not earlier than five (5) days after receipt of the owner's request for such hearing, and not later than fifteen (15) days after such receipt. (Ord. 2016-06, 6-13-2016)
3. At such hearing, the owner shall have the right to be represented by counsel, to present testimony, or evidence and arguments, and to cross examine witnesses. All testimony shall be taken under oath. If the Code Enforcement Officer, after such hearing, shall determine that the trash, weeds or grass constitute a growing blight or a substantial detriment to health and safety of the residents of the community, he/she shall file, in writing, findings of fact, and order that such nuisance be abated within ten (10) days, and shall cause such findings and order to be served upon such owner at the conclusion of the hearing. (Ord. 2016-06, 6-13-2016; amd. 2018 Code)
C. Summary Abatement: 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 Town are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, and performance of the 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 or mowing costs.
D. Costs Of Cleaning And Mowing: The Code Enforcement Officer 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 Town Clerk-Treasurer shall forward by mail to the property owner specified above a statement of such actual cost and demanding payment. If the cleaning and mowing is done by the Town, the cost to the property owner for the cleaning and mowing shall not exceed the actual cost of the labor, maintenance, and equipment required. If the cleaning and mowing is done on a private contract basis, the contract shall be awarded to the lowest responsible bidder.
E. Lien On Property: If payment is not made within thirty (30) days from the date of the mailing of the statement as stated in subsection D of this section, 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. Until fully paid, the cost and interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the County Treasurer. 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.
F. Subsequent Accumulation Of Trash And Weed And Grass Growth: If a notice is given by the Code Enforcement Officer to a party owner ordering the property within the Town limits to be cleaned of trash and/or 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 (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 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 (10) days after the date of mailing the notice. The notice and hearing shall be as provided in subsections D and E 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.
G. Property Zoned For Agricultural Purposes: The provisions of this section shall not apply to any property zoned and used for agricultural purposes under the jurisdiction of the State Corporation Commission. However, the Code Enforcement Officer may cause the removal of weeds or trash from property zoned and used for agricultural purposes pursuant to the provisions of this section but only if such weeds or trash pose a hazard to traffic and are located in or within ten (10) yards of the public rights-of-way at intersections. (Ord. 2016-06, 6-13-2016)