A. Upon receiving the report provided for in Section 46-142, or upon receipt of equivalent information from any reliable source, the City Manager shall cause property within the City limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the following procedure:
1. 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 City Manager 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 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. 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. However, if the property owner cannot be located within ten (10) days from the date of mailing by the City Manager, notice may be given by posting a copy of the notice on the property or by publication, as defined in 11 O.S. § 1-102, one (1) time not less than ten (10) days prior to any hearing or action by the City. If the City Manager anticipates summary abatement of a nuisance in accordance with the provisions of subsection (B) of this section, 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 City Manager; 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. 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 written consent, the owner waives the owner's right to a hearing by the City.
3. A hearing may be held by the City Manager 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.
4. Upon a finding that the condition of the property constitutes a detriment or hazard and that the property would be benefitted 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 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.
5. The City Manager 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 specified in subsection (A)(1) of this section a statement of such actual cost and demanding payment. If the cleaning and mowing is done by the City, 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 and best bidder.
6. 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 County Treasurer 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. 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. 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. 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 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 City Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.
B. If a notice is given by the City Manager to a property owner ordering the property within the City limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in subsection (A) above, 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 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 within ten (10) days after the date of mailing the notice. The notice and hearing shall be as provided for in subsection (A) of this section. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in subsections (A)(5) and (A)(6) 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.
C. The provisions of this section shall not apply to any property zoned and used for agricultural purposes or to railroad property under the jurisdiction of the State Corporation Commission. However, the City Manager 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.
(Code 1991, §§ 8-104, 8-107)
State Law reference- Similar provisions, 11 O.S. § 22-111.