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Pursuant to 11 Oklahoma Statutes section 22-111, as amended, the City may 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:
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 Administrative Body 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, 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. If the City anticipates summary abatement of a nuisance, 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 Administrative Body; 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. 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.
C. At any time within ten (10) days from the date of the notice and order provided for in subsection A of this section, the owner may request in writing to the City Clerk, a hearing to be conducted for the purpose of contesting the determination that an 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 creates a fire hazard to the danger of property. The Administrative Body shall conduct the hearing and 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 creates a fire hazard to the danger of property.
D. 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 and/or mowing costs.
E. The Administrative Body 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 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 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.
F. If payment is not made within thirty (30) days from the date of the mailing of the statement, then within the next thirty (30) days, 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 article. 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 article. 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.
G. The Board of City Commissioners hereby designates the City Manager, Chief of the Fire Department, and the Chief of the Police Department as the dministrative Body to perform the functions and duties set forth in this article. At least two (2) members of the Administrative Body shall appear for hearings and a finding against a property owner requires a majority vote of the Administrative Body. The property owner shall have a right of appeal to the Board of City Commissioners from any order of the administrative officer or administrative body. 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. (Ord. 02062017-2, 2-6-2017; amd. 2019 Code; Ord. 05112020-06, 5-11-2020)
If a notice is given by the Administrative Body 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 section 5-1B-3 of this article, 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 section 5-1B-3 of this article. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in subsections 5-1B-3E and F of this article. This section shall not apply if the records of the County Clerk show that the property was transferred after notice was given pursuant to section 5-1B-3 of this article. (Ord. 02062017-2, 2-6-2017; amd. Ord. 05112020-06, 5-11-2020)
The provisions of this article shall not apply to any property zoned and used for agricultural purposes or to railroad property under the jurisdiction of the Oklahoma Corporation Commission. However, the Administrative Body may cause the removal of weeds or trash from property zoned and used for agricultural purposes pursuant to the provisions of this article, but only if such weeds or trash pose a hazard to traffic and are located in, or within ten (10) yards of, the public right-of-way at intersections. (Ord. 02062017-2, 2-6-2017; amd. Ord. 05112020-06, 5-11-2020)
After a building has been declared dilapidated, as provided in article A of this chapter, and before the commencement of the tearing and removal of a dilapidated building, the Administrative Body may authorize that such a building be boarded and secured. However, if the dilapidated building is vacant and unfit for human occupancy, the Administrative Body may authorize the structure to be demolished pursuant to article A of this chapter. (Ord. 02062017-2, 2-6-2017; amd. Ord. 05112020-07, 5-11-2020)
Pursuant to 11 Oklahoma Statutes section 22-112.1, as amended, the City may cause an unsecured building to be boarded and secured in accordance with the following procedure:
A. Before the Administrative Body orders such action, at least ten (10) days' notice that such unsecured building is to be boarded and secured shall be given by mail to any property owners and mortgage holders as provided in article A of this chapter. At the time of mailing of notice to any property owner or mortgage holder, 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(s). A copy of the notice shall also be posted on the property to be affected. However, if neither the property owner nor mortgage holder can be located, 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. Such notice shall be published one time, not less than ten (10) days prior to any hearing or action by the Administrative Body pursuant to the provisions of this article. If the City anticipates summary abatement of a nuisance in accordance with the provisions of subsection I of this section, the notice shall state: that any subsequent need for boarding and securing the building within a six (6) month period after the initial boarding and securing of the building pursuant to such notice may be summarily boarded and secured by the City; that the costs of such boarding and securing 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 or mortgage holder.
B. The owner of the property may give written consent to the City authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving written consent, the owner waives any right the owner has to a hearing by the Administrative Body.
C. At any time within ten (10) days from the date of the notice and order provided for in subsection A of this section, the owner may request in writing to the City Clerk, a hearing to be conducted for the purpose of determining whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare. Such hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of such unsecured building held pursuant to the provisions of this chapter. In making such determination, the Administrative Body shall apply the following standard: the Administrative Body may order the boarding and securing of the unsecured building when the boarding and securing thereof would make such building less available for transient occupation, decrease a fire hazard created by such building, or decrease the hazard that such building would constitute an attractive nuisance to children. Upon making the required determination, the Administrative Body may order the boarding and securing of the unsecured building.
D. After the Administrative Body orders the boarding and securing of such unsecured building, the City Clerk shall immediately file a notice of unsecured building and lien with the County Clerk describing the property, stating the findings of the City at the hearing at which such building was determined to be unsecured, and stating that the City claims a lien on the property for the costs of boarding and securing such building, and that such costs are the personal obligation of the property owner from and after the date of filing the notice.
E. Pursuant to the order of the Administrative Body, the agents of the City are granted the right of entry on the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as a governmental function of the City.
F. After an unsecured building has been boarded and secured, the Administrative Body shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith, including the cost of the notice and mailing. The City Clerk shall forward a statement of the actual costs attributable to the boarding and securing of the unsecured building and a demand for payment of such costs, by mail to any property owners and mortgage holders as provided in article A of this chapter. At the time of mailing of the statement of costs to any property owner or mortgage holder, 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(s). If the City boards and secures any unsecured building, the cost to the property owner shall not exceed the actual cost of the labor, materials, and equipment required for the performance of such actions. If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
G. When payment is made to the City for costs incurred, the City Clerk shall file a release of lien, but if payment attributable to the actual costs of the boarding and securing of the unsecured building is not made within thirty (30) days from the date of the mailing of the statement to the owner of such property, the City Clerk shall forward a certified statement of the amount of the costs to the County Treasurer. Once certified to the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided for in this article. At the time of collection the County Treasurer shall collect a fee of five dollars ($5.00) for each parcel of property and such fee shall be deposited to the General Fund of the County. The costs shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until fully paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the notice of unsecured building and lien is filed with the County Clerk. In addition, the costs and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the County Clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments, and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the costs and interest are fully paid. 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 owner, shall not be subject to any tax or judgment lien created pursuant to this article. Upon receiving payment, the City Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
H. The Board of City Commissioners hereby designates the City Manager, Chief of the Fire Department, and the Chief of the Police Department as the Administrative Body to perform the functions and duties set forth in this article. At least two (2) members of the Administrative Body shall appear for hearings and a finding against a property owner requires a majority vote of the Administrative Body. The property owner or mortgage holder shall have a right of appeal to the Board of City Commissioners from any order of the administrative officer or administrative body. 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.
I. If the Administrative Body causes a structure within the City limits to be boarded and secured, any subsequent need for boarding and securing within a six (6) month period constitutes a public nuisance and may be summarily boarded and secured without further prior notice to the property owner or mortgage holder. At the time of each such summary boarding and securing, the City shall notify the property owner and mortgage holder of the boarding and securing and the costs thereof. The notice shall state that the property owner may request an appeal with the City Clerk within ten (10) days after the mailing of 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 boarding and securing shall be determined and collected as provided for above.
J. The Administrative Body may determine that a building is unsecured and order that such building be boarded and secured in the manner provided for in this section even though such building has not been declared, by the Administrative Body, to be dilapidated. (Ord. 02062017-2, 2-6-2017; amd. 2019 Code; Ord. 05112020-07, 5-11-2020)
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