Okla. Stat. tit. 11, § 11-22-111

Ordinances – Definitions - Application.

A. A municipal governing body may cause property within the

municipal limits to be cleaned of trash and weeds or grass to be cut

or mowed 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 governing 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

municipality and a notice of lien shall be filed with the county

clerk against the property for the costs due and owing the

municipality. At the time of mailing of notice to the property

owner, the municipality 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 municipal governing body, notice may be given by posting a copy

of the notice on the property or by publication, as defined in

Section 1-102 of this title, one time not less than ten (10) days

prior to any hearing or action by the municipality. If a municipal

governing body anticipates summary abatement of a nuisance in

accordance with the provisions of subsection B of this section, the

notice, whether by mail, posting or publication, shall state: that

any accumulations of trash or excessive weed or grass growth on the

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owner's property occurring within six (6) months from and after the

date of this notice may be summarily abated by the municipal

governing 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;

2. The owner of the property may give written consent to the

municipality 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 municipality;

3. A hearing may be held by the municipal governing body 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;

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

municipality 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 municipality.

Immediately following the cleaning or mowing of the property, the

municipal 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 governing 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

municipal clerk shall forward by mail to the property owner

specified in paragraph 1 of this subsection a statement of such

actual cost and demanding payment. If the cleaning and mowing are

done by the municipality, the cost to the property owner for the

cleaning and mowing shall not exceed the actual cost of the labor,
y in

connection therewith, including the cost of notice and mailing. The

municipal clerk shall forward by mail to the property owner

specified in paragraph 1 of this subsection a statement of such

actual cost and demanding payment. If the cleaning and mowing are

done by the municipality, 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;

6. 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 municipal 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. Once certified by the county treasurer, payment may only be

made to the county treasurer except as otherwise provided for in

this section. In addition the cost and the interest thereon shall

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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 municipality agree that the county treasurer is

unable to collect the assessment, the municipality may pursue a

civil remedy for collection of the amount owing and interest thereon

by an action in person 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

municipal clerk shall forward to the county treasurer a notice of

such payment and directing discharge of the lien; and

7. The municipality may designate by ordinance an

administrative officer or administrative body to carry out the

duties of the governing body in subsection A of this section. The

property owner shall have a right of appeal to the municipal

governing body from any order of the administrative officer or

administrative body. Such appeal shall be taken by filing written

notice of appeal with the municipal clerk within ten (10) days after

the administrative order is rendered.

B. If a notice is given by a municipal governing body to a

property owner ordering the 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-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 municipality 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 paragraphs 5 and 6 of

subsection A of this section. This subsection shall not apply if
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 paragraphs 5 and 6 of

subsection A of this section. 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.

C. The municipal governing body may enact ordinances to

prohibit owners of property or persons otherwise in possession or

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control located within the municipal limits from allowing trash to

accumulate, or weeds to grow or stand upon the premises and may

impose penalties for violation of said ordinances.

D. As used in this section:

1. "Weed" includes but is not limited to poison ivy, poison

oak, or poison sumac and all vegetation at any state of maturity

which:

a. exceeds twelve (12) inches in height, except healthy

trees, shrubs, or produce for human consumption grown

in a tended and cultivated garden unless such trees

and shrubbery by their density or location constitute

a detriment to the health, benefit and welfare of the

public and community or a hazard to traffic or create

a fire hazard to the property or otherwise interfere

with the mowing of said weeds,

b. regardless of height, harbors, conceals, or invites

deposits or accumulation of refuse or trash,

c. harbors rodents or vermin,

d. gives off unpleasant or noxious odors,

e. constitutes a fire or traffic hazard, or

f. is dead or diseased.

The term "weed" shall not include tended crops on land zoned for

agricultural use which are planted more than one hundred fifty (150)

feet from a parcel zoned for other than agricultural use;

2. "Trash" means any refuse, litter, ashes, leaves, debris,

paper, combustible materials, rubbish, offal, or waste, or matter of

any kind or form which is uncared for, discarded, or abandoned;

3. "Owner" means the owner of record as shown by the most

current tax rolls of the county treasurer; and

4. "Cleaning" means the removal of trash from property.

E. The provisions of this section 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, a municipal governing body may cause the

removal of weeds or trash from property zoned and used for

agricultural purposes pursuant to the provisions of this section 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.