Okla. Stat. tit. 11, § 11-22-112.2

A. A municipal governing body may cause graffiti to be removed

from property within the municipal limits in accordance with the

following procedures:

1. The property owner and the tenant, if any, may give their

written consent to the municipality authorizing removal of the

graffiti. By giving such written consent, the owner and the tenant

each waives the right to notice and a hearing by the municipality as

otherwise required by this section;

2. If the consent of the property owner and the tenant, if any,

to remove graffiti from the property cannot be obtained, the

municipality may remove the graffiti without such consent pursuant

to the procedures set forth in this section;

3. To remove graffiti from property without the consent of the

property owner and the tenant, if any, at least ten (10) days'

notice shall be given by mail directed to the address shown by the

current year's tax rolls in the county treasurer's office. Notice

to the tenant, if any, shall be given by mail directed to the

property address. The notice shall order the property owner and the

tenant, if any, to remove graffiti from the property and shall

further state that unless such work is performed within twenty (20)

days of the date of the notice the work shall be done by the

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

owner and the tenant, if any, 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(s). In addition, notice shall be given by posting a copy of

the notice on the property at least one time not less than ten (10)

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

municipal governing body anticipates summary abatement of graffiti

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

the notice shall state that any accumulations of graffiti on the

property occurring within one (1) year from and after the date of

the notice may be summarily abated by the municipality without a

hearing and further prior notice to the property owner or the

tenant, if any, except by posting of notice at least one time on the

property once not less than two (2) business days prior to such

summary abatement;

4. A hearing may be held by the municipal governing body to

determine whether the accumulation of graffiti on the property has

caused the property to become detrimental or a hazard to the health,

safety, or general welfare of the public and the community;

5. Upon finding that the condition of the property constitutes

a detriment or hazard, and that the property, the public, and the

community would be benefited by removal of such conditions, the

agents of the municipality are granted the right of entry onto the

property for the removal of the graffiti thereon and for performance

of the necessary duties as a governmental function of the

municipality; and

6. The municipality may designate by ordinance an

administrative officer or administrative body to perform the

functions set forth in this section. The property owner and the

tenant, if any, 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) business

days after the administrative order is rendered.

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

property owner and tenant, if any, ordering graffiti to be removed

from property within the municipal limits in accordance with the

procedures provided for in subsection A of this section, any

subsequent accumulations of graffiti on the property occurring

within a one (1) year period may be summarily abated without further

prior notice to the property owner or the tenant, if any. However,
a

property owner and tenant, if any, ordering graffiti to be removed

from property within the municipal limits in accordance with the

procedures provided for in subsection A of this section, any

subsequent accumulations of graffiti on the property occurring

within a one (1) year period may be summarily abated without further

prior notice to the property owner or the tenant, if any. However,

prior to the summary abatement by the municipality, notice thereof

shall be posted at least one time on the property not less than two

(2) business days prior to such summary abatement. This subsection

shall not apply if the records of the county clerk show that the

ownership and/or tenancy of the property was transferred after

notice was given pursuant to subsection A of this section.

C. Removal of graffiti by a municipality pursuant to the

provisions of this section shall be performed at the sole expense of

the municipality. In removing the graffiti, the municipality shall

restore the property as nearly as possible to the condition as it

Oklahoma Statutes - Title 11. Cities and Towns Page 172

existed immediately prior to the graffiti being placed on the

property.

D. Nothing in the provisions of this section shall prevent the

municipality from abating graffiti as a nuisance or otherwise

exercising its police power to protect the health, safety, or

general welfare of the public.

E. The municipality and its officers, employees or agents shall

not be liable for any damages or loss of property due to the removal

of graffiti performed pursuant to the provisions of this section.

F. Nothing in this section shall prohibit the municipal

governing body from enacting ordinances concerning the removal of

graffiti that are more strict than this section.

G. For the purposes of this section:

1. "Advertising" means any letter, word, name, number, symbol,

slogan, message, drawing, picture, writing, or other mark of any

kind lawfully placed on property by an owner or tenant of the

property, or an agent of such owner or tenant, for the purpose of

promoting products or services or conveying information to the

public;

2. "Graffiti" means, without limitation, any letter, word,

name, number, symbol, slogan, message, drawing, picture, writing, or

other mark of any kind visible to the public that is drawn, painted,

chiseled, scratched or etched on a rock, tree, wall, bridge, fence,

gate, building or other structure; provided, this definition shall

not include advertising or any other letter, word, name, number,

symbol, slogan, message, drawing, picture, writing, or other mark of

any kind lawfully placed on property by an owner of the property, a

tenant of the property, or by an authorized agent for such owner or

tenant;

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

current tax rolls of the county treasurer;

4. "Removal", "remove", or "removed", when used in relation to

the eradication of graffiti means the act of taking graffiti off of,

or masking the presence of graffiti on, a rock, tree, wall, bridge,

fence, gate, building or other structure; and

5. "Tenant" means any person shown by the records of the county

clerk's office as a lessee of property, or any person lawfully in

actual physical possession of property.