The town’s Board of Trustees may 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 requirements. 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 town’s Board of Trustees 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 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. At the time of 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. However, if the property owner cannot be located within ten days from the date of mailing by the town’s Board of Trustees, 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 time not less than ten days prior to any hearing or action by the town. If the town’s Board of Trustees anticipates summary abatement of a nuisance in accordance with the provisions of § 90.22 of this chapter, 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 months from and after the date of this notice may be summarily abated by the town’s Board of Trustees; 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.
(B) Consent of property owner for town to clean and mow. The owner of the property 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.
(C) Hearing. A hearing may be held by the town’s Board of Trustees 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.
(D) Cleaning and mowing by town; notice of lien. 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 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’s 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.
(E) Costs; lien provisions.
(1) The town’s Board of Trustees 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’s Clerk-Treasurer shall forward by mail to the property owner specified in division (A) above a statement of such actual cost and demanding payment. If the cleaning and mowing are 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 are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(2) If payment is not made within 30 days from the date of the mailing of the statement, then, within the next 30 days, the town’s 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.
(3) Once certified by the County Treasurer, payment may only be made to the County Treasurer, except as otherwise provided in this section. 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 $5 for each parcel of property.
(4) The fee shall be deposited to the credit of the General Fund of the county. If the County Treasurer and the town agree that the County Treasurer is unable to collect the assessment, the town 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 division (E). Upon receiving payment, if any, the town’s Clerk-Treasurer shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.
(F) Administrative officer; appeals.
(1) The town may designate by ordinance an administrative officer or administrative body to carry out the duties of the town’s Board of Trustees in this section.
(2) The property owner shall have a right of appeal to the town’s Board of Trustees from any order of the administrative officer or administrative body.
(3) Such appeal shall be taken by filing written notice of appeal with the town’s Clerk- Treasurer within ten days after the administrative order is rendered.
(Prior Code, § 5-2-1-2)