A. The city council may cause property within the municipal limits having conditions constituting a nuisance thereon, as defined in section 8.04.010 of this chapter, abated or removed, including the cleaning of trash and the cutting or mowing of weeds or grass, 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 council holds a hearing or takes action. The notice shall order the property owner to abate or remove the nuisance, clean the property of trash or to cut or mow the 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, 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 council;
If the city anticipates summary abatement of a nuisance in accordance with the provisions of subsection B of this section, the notice shall state that any continuation of the nuisance or 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 and 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 his written consent to the city authorizing the abatement of the nuisance or the removal of the trash or the mowing of the weeds or grass. By giving said written consent, the owner waives his right to a hearing by the city council;
3. A hearing may be held by the city council to determine whether the continuation of the nuisance or 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 benefited 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 municipality, and stating that the municipality claims a lien on the property for the cleaning or mowing costs;
5. The city council 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 at the address specified in subsection A1 of this section, a statement of such actual cost and demanding payment. If the cleaning and mowing are done by the city, the cost to the property owner for said 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;
In addition to the cost of abatement as heretofore provided for, there shall be an administrative fee assessed to the property owner of two hundred dollars ($200.00) which shall be included as part of the total costs;
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 of the county in which the property is located 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 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 any time prior to the collection as provided in this subsection, the city may pursue any civil remedy for collection of the amount owing and interest thereon including 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; and
7. The city inspector/code official(s) is authorized to carry out the duties of the city council in subsections A1 through A6 of this section. The property owner shall have a right to appeal to the city council from any order of the city inspector/code official(s). Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) days after the administrative order is rendered.
B. If the city council causes property within the municipal 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 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. 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 A5 and A6 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 A of this section. (Ord. 1084 §1, 2010: Ord. 845 §1, 1998: Ord. 812 §1, 1997: Ord. 663 §1, 1987: Ord. 417 §1, 1976: prior code §12-11)