The town administrative officer is authorized to cause property within the town to be cleaned of trash and weeds, grass to be cut or mowed and nuisances to be abated in accordance with the following procedure.
(A) Authority to determine. The town administrative officer or his or her designee may determine whether the accumulation of trash, growth of weeds or grass or other nuisances has caused the property to become detrimental to the health, benefit or welfare of the public and the community or a hazard to traffic, or if such creates a fire hazard to the danger of the property.
(B) Notice to property owner. At least ten 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 hearing provided for herein or before action may be taken. 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 shall state that unless the work is performed within ten 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 owed the town.
(C) Receipt of mailing notice.
(1) At the time of the mailing of notice to the property owner, the town 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.
(2) However, if the property owner cannot be located within ten days from the date of mailing the same, then notice may be given by posting a copy of the notice on the property or by publication, as provided by 11 O.S. § 1-102, one time not less than ten days prior to any hearing or action.
(D) Summary abatement.
(1) If the town anticipates summary abatement of a nuisance in accordance with the provisions as herein provided, then the notice, whether by mail or publication, shall state:
(a) That any accumulation of trash or excessive weed or grass growth on the owner’s property occurring within six months after the removal of trash or the cutting or mowing of weeds or grass on the property pursuant to the notice may be summarily abated by the town;
(b) That the cost of such abatement shall be assessed against the owner; and
(c) That a lien shall be imposed on the property to secure such payment, all without further notice to the property owner.
(2) At the time of such summary abatement, the Town Clerk-Treasurer shall notify the property owner of the abatement and cost thereof. The notice shall state that the property owner may request a hearing within ten days after the date of mailing the notice. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided in this section.
(3) These summary abatement procedures shall not apply if the records of the County Clerk show that the property was transferred after notice was given pursuant to this section.
(E) Written consent of property owner. The owner of the property may give his or her written consent to the town authorizing removal of the trash or mowing of the weeds or grass. By giving his or her written consent, the owner waives his or her right to a hearing by the town.
(F) Hearing; right to appeal.
(1) A hearing may be held by the administrative 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 or welfare of the public and the community or a hazard to traffic, or if such creates a fire hazard to the danger of property.
(2) The property owner shall have a right of appeal to the administrative officer of the town, except that if the administrative officer conducts the initial hearing, then the right of appeal is to the Town Board of Trustees. The appeal shall be taken by filing a written notice of appeal with the administrative officer of the town within ten days after the administrative order is rendered.
(G) Clearing or cleaning by town; right of entry.
(1) If the administrative officer finds that the condition of the property constitutes a detriment or hazard and the property would be benefitted by the removal of such conditions, then the administrative officer shall direct that the clearing or cleaning be done by one of the following methods:
(a) By the town, provided that the actual cost of the labor, maintenance and equipment required does not exceed $5,000; or
(b) On a private contract basis, in which case, it shall be awarded to the lowest and best bidder.
(2) As a governmental function of the town, the agents of the town are granted the right of entry on properties for the removal of trash, the mowing of weeds or grass or the cleaning and performance of necessary duties. Immediately following the cleaning or mowing of a 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 and mowing costs, and that such costs are the personal obligation of the property owner from and after the date of filing of the notice.
(H) Determination of costs. After the property has been cleaned, the administrative officer shall determine the actual cost of such cleaning and any other expenses as may be necessary in connection therewith, including the cost of the notice and mailing. The Town Clerk-Treasurer shall forward by mail to the property owner specified in this section a statement of the actual cost demanding payment.
(I) Failure to pay; lien against property. If payment is not made within 30 days from the date of the mailing of the statement, then 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. The cost and the interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer, and such shall continue until the cost is fully paid.
(J) Civil remedy for the collection of costs. At any time prior to the collection as provided herein, the town may pursue any civil remedy for the collection of the amount owing and the interest thereon. Upon receiving payment, if any, the Town Clerk-Treasurer shall forward to the County Treasurer a notice of such payment directing discharge of the lien or part thereof.
(Prior Code, § 5-4-5) Penalty, see § 91.99