A. City Authority; Administration:
1. The City may cause property within the City limits to be cleaned of trash and weeds and/or grass to be cut or mowed in accordance with the provisions of this section.
2. The City Housing Standards Board is hereby designated the administrative body for the City to carry out the duties of the City Council in this section. (Ord. 2017-5, 5-8-2017)
B. Procedure:
1. Notice; Hearing; Abatement; Cost Assessment:
a. At least ten (10) days' notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the County Treasurer's Office, before the Housing Standards Board holds a hearing or takes any action allowed under this section. 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 owner of the property. (Ord. 2017-6, 5-22-2017)
b. 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 City and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing the City.
c. However, if the property owner cannot be located as shown by the return receipt, or if the return receipt is not returned within ten (10) days from the date of mailing by the City, 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 action by the City.
d. If the City anticipates summary abatement of a nuisance in accordance with the provisions of subsection C of this section, the notice, whether by certified 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 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; 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.
2. Property Owner Consent For City Removal: The owner of the property may give written consent to the City authorizing the removal of the trash or the mowing of the weeds or grass. By giving the written consent, the owner waives any right to a hearing by the City.
3. Hearing By Housing Standards Board; Administrative Order:
a. A hearing shall be held by the City Housing Standards Board 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; has caused a hazard to traffic; or creates a fire hazard to the danger of property.
b. An administrative order, in writing, recording the findings of the City Housing Standards Board at said hearing will be filed with the City Clerk and shall be sent to the address, as determined in subsection B1 of this section, to the owner of the property.
4. City Authority To Remove; Filing Notice Of Lien:
a. Upon a 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 upon the property for the removal of trash, mowing of weeds and/or grass, and performance of the necessary duties as a governmental function of the City.
b. Immediately following the cleaning or mowing of the property, the City Clerk shall file a notice of lien with the County Clerk of Okfuskee County, Oklahoma, describing the property and the work performed by the City, and stating that the City claims a lien on the property for the cleaning and/or mowing costs.
5. Determination Of Cost; Issuance Of Statement:
a. The City Code enforcement officer shall determine the actual cost of such cleaning and/or mowing and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing.
b. The City Clerk shall forward by mail to the property owner, at the address specified in subsection B1 of this section, a statement of such actual cost and demanding payment.
c. If the cleaning and/or mowing are done by the City, 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.
d. If the cleaning and/or mowing by the City is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
6. Certified Statement To County Treasurer; Lien; Collection:
a. If payment is not made within thirty (30) days from the date of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the cost to the Okfuskee County Treasurer and the same shall be levied on the property and collected by the County Treasurer as other taxes authorized by law.
b. Once certified by the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided for in this section. 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.
c. At the time of collection, the County Treasurer shall collect a fee of five dollars ($5.00) for each parcel of property. The fee shall be deposited to the credit of the General Fund of the County.
d. If the County Treasurer and the City agree that the County Treasurer is unable to collect the assessment, the City may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam against the property owner and an action in rem to foreclose the City's lien against the property.
e. 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.
f. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of such payment and directing the discharge of the lien.
7. Right Of Appeal: The property owner shall have a right of appeal to the City Council from any administrative order of the City Housing Standards Board. Such appeal shall be taken by filing notice, in writing, of appeal with the City Clerk within ten (10) days after the administrative order is rendered.
C. Summary Abatement Of Nuisance; Notice; Costs:
1. If the City causes property within the City limits to be cleaned of trash and/or weeds and/or grass to be cut or mowed in accordance with the procedure provided for in subsection B 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.
2. At the time of each such summary abatement, the City shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing before the City Council by filing written notice of appeal with the City Clerk within ten (10) days after the date of mailing the notice.
3. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in subsections B5 and B6 of this section. Provided, however, that 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 B of this section. (Ord. 2017-5, 5-8-2017)