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It shall be unlawful for any owner or occupant of any lot, tract or parcel of land to allow trash to accumulate or exist upon such premises, or along the unpaved street, unpaved alleys or public easements adjacent to such premises, and it shall be the duly of such owner or occupant to remove any and all trash on such premises.
(Prior Code, § 8-503) (Ord. passed 11-5-1998) Penalty, see § 51.99
(A) Whenever the town shall determine that the accumulation or existence of trash constitutes a threat to the public health, comfort, safety or welfare, the town shall give at least ten days’ notice 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 holds a hearing or takes action. The notice shall order to clean the property of trash, and said notice shall further state that unless such work is preformed within ten 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 the 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, 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 anticipates summary abatement of the nuisance in accordance with the provisions of division (B) below, the notice, whether by certified mail, posting or publication, shall state:
(1) Any accumulations of trash on the owner’s property occurring within six months after the removal of trash on the property pursuant to such notice may be summarily abated by the city;
(2) The costs of such abatement shall be assessed against the owner; and
(3) A lien may be imposed on the property to secure such payment, all without further prior notice to the properly owner.
(B) If the town causes property within the municipal limits to be cleaned of trash, any subsequent accumulations of trash on the property occurring within a six-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 town 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 days after the date of mailing the notice. The notice and hearing shall be as provided for in § 51.24 of this chapter.
(Prior Code, § 8-504) (Ord. passed 11-5-1998)
(A) The owner may give written consent authorizing the city to abate the nuisance under § 51.21 of this chapter. Such consent shall waive his or her right to a hearing under the provisions of this section.
(B) (1) At any time within ten days from the date of the notice and order provided for in this chapter, the owner may request, in writing to the town, a hearing to be conducted for the purpose of contesting the determination that a nuisance exists upon his or her property.
(2) The town shall conduct such hearing as soon as may be practicable.
(C) At such hearing, the owner shall have the right to be represented by counsel; to present testimony, other evidence and arguments; and to cross-examine witnesses. All testimony shall be taken under oath. If the town, after such hearing, shall determine that the trash accumulated or existing upon the property in question constitutes a nuisance detrimental to health or constitutes a fire or traffic hazard, and shall determine that the person or persons requesting such hearing are owners of the property upon which such nuisance is located, he or she shall file in writing his or her findings of fact, and his or her order that such nuisance be abated within ten days, and shall cause such findings and order to be served upon such owner at the conclusion of the hearing.
(Prior Code, § 8-505) (Ord. passed 11-5-1998)
(A) Abatement by city generally.
(1) In the event that the following, then the town may cause such nuisance to be abated forthwith by removing same, in as many instances as may be necessary for continued abatement of the nuisance, and may cause a complaint to be filed against such owner in the Municipal Court for violation of provisions of this subchapter, or both:
(a) No hearing shall have been requested as provided for in this chapter;
(b) The town, after such hearing, shall have ordered such nuisance to be abated as aforesaid; and
(c) Such nuisance shall not have been abated within the respective period specified.
(2) To effect abatement, the town may cause the nuisance to be abated by employees for the city or, in the alternative, the town may prepare appropriate specifications, advertise for bids and award a contract for such abatement to the lowest and best bidder. The cost of abating any such nuisance, in each and every instance, where abated, shall be borne by the property owner and shall be assessed as hereinafter provided.
(Prior Code, § 8-507)
(B) Collection of city’s costs.
(1) When the owner of the property upon which the nuisance is located has failed or refused to abate said nuisance, the town shall cause said nuisance to be abated either by employees for the town or, in the alternative, by the contractor who has submitted the lowest and best bid for such work. The actual and necessary costs required to be expended by the town together with such administrative expense for mailing of notices and the like, said administrative expenses not to exceed the amount established in the general schedule of fees, and the total of said costs, shall be certified to the office of the town, who shall be responsible for billing all of said costs to the property owner.
(2) The town shall forward, by mail, to the property owner at the address specified in § 51.23 of this chapter a statement setting forth the total costs for removal of trash and demanding payment. If payment is not made within 30 days from the date of the mailing of the statement, the town shall forward a certified statement of the amount of the costs to the County Treasurer of the county in which the property is located and such costs shall be a lien against the property, until paid, and shall be collected in the same manner as ad valorem taxes against the property, and when collected shall be paid to the town 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.
(Prior Code, § 8-508)
(Ord. passed 11-5-1998)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(Prior Code, § 17-401)
(C) (1) Any owner or occupant who shall violate any of the provisions of §§ 51.20 through 51.26 of this chapter shall, upon conviction thereof, be deemed guilty of an offense against the city. Each day’s continuous violation shall constitute a separate offense and shall be punishable as such.
(2) The provisions of §§ 51.20 through 51.26 of this chapter shall not apply to any property zoned and used for agricultural purposes.
(Prior Code, § 8-509)