Section 15-14. Legislative intent.
It is hereby declared the legislative intent of the Board of Trustees to conform hereby to the provisions of Title 11, Section 22-111 of the Oklahoma Statutes.
Section 15-15. Definitions: as Used in This Section.
- “Weeds” includes but is not limited to poison ivy, poison oak, or poison sumac and all vegetation at any stage of maturity which:
- 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 traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds.
- Regardless of height, harbors, conceals, invites, deposits, or accumulations of refuse or trash;
- Harbors rodents or vermin;
- Gives off unpleasant or noxious odors;
- Constitutes a fire or traffic hazard; or
- Is dead or diseased.
- “Trash” means any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, waste, or matter of any kind or form, which is uncared for, discarded, or abandoned.
- “Owner” means the owner or owner of record as shown by the most current tax roles of the County Treasurer.
Section 15-16. Notice to Abate.
The Town of Tryon, Oklahoma 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:
- 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 Lincoln County Treasurer’s office before the Town of Tryon 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 Town of Tryon and a notice of lien shall be filed with the Lincoln County Clerk against the property for the costs due and owing the municipality. At the time of the mailing of the notice or the property owner, the Town of Tryon shall obtain a receipt of mailing from the postal service which receipt shall indicate the date of mailing and 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 Town of Tryon notice may be given by posting a copy of the notice on the property or by publication, as defined in Section 1-102 of Title 11 one time not less than ten (10 days prior to any hearing or action by the Town of Tryon. If the Town of Tryon anticipates a summary abatement of a nuisance in accordance with the provisions of Section 15-26 hereof, 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 Town of Tryon; the costs of such abatement shall be assessed against the owner; and a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.
- 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, the Town of Tryon may cause the removal of weeds or trash 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 the intersection.
Section 15-17. Notice procedure.
- The notice provided for in Section 15-16 hereof shall state that within ten (10) days, the owner shall clean the property of trash, or cut or mow the weeds or grass on the property, as appropriate, and shall further state that the owner of such property shall have the right within such ten (10) days period to request in writing a hearing before the Town of Tryon under the provisions of Section 15-18 hereof.
The notice shall further state that should the owner not request a hearing or not perform the cleaning and mowing within ten (10) days of the date of the notice the work shall be done by the Town of Tryon and a notice of lien filed with the County Clerk for the costs due and owing the Town of Tryon;
The owner may give written consent authorizing the Town of Tryon to abate the trash or weeds thereby waiving his right to a hearing. - The Town of Tryon designate the Chief of Police to carry out the duties of the Board of Trustees under Sections 15-16, 15-17, 15-18, 15-19, 15-20 and 15-21 hereof. Any property owner shall have the right to appeal to the Board of Trustees from any order of the Chief of Police. Any such appeal shall be taken by filing a written notice of appeal with the Town Clerk within ten (10) days after the administrative order is rendered.
Section 15-18. Hearing by Board of Trustees.
Unless written consent to abatement has been received from the property owner, or the owner has caused said weeds to be abated, the Board of Trustees shall meet on the day and time specified for hearing in the notice, which shall be at least ten (10) calendar days from the date of receipt of the notice The owner shall have the right to be represented by counsel, to present testimony and other evidence and to cross-examine the witness. The Board of Trustees shall make its determination at the conclusion of the hearing. If the Board of Trustees determines that the accumulation of trash or determines that the accumulation of trash or weeds has caused the owner’s property to become detrimental to the health, benefit, or welfare of the public or a traffic hazard or fire hazard, it shall order that the trash or weeds be abated.
Section 15-19. Work to be Done and Performed.
Upon a finding that the condition of the property constitutes a detriment or hazard and that the Property would benefit by the removal of such conditions or upon the consent of the owner, the Town of Tryon may enter the property for the removal of trash, mowing of weeds or grass, in performance of the necessary duties as a governmental function of the Town of Tryon. The abatement may be done by the town of Tryon directly or may be let by contract to the lowest and best bidder for a period not to exceed one year. Immediately following the cleaning and mowing of the Property the Town Clerk shall file a notice of lien with the County Clerk describing the property, and work performed and stating that the Town of Tryon claims a lien on said property.
Section 15-20. Cost to be Determined, Failure to Pay Costs.
- The Town of Tryon shall determine the actual cost of such cleaning and mowing and such other expense as may be necessary in connection therewith, including the cost of notice of mailing, and the Town Clerk shall forward by mail to the property owner at the address shown by the current year’s tax rolls in the county treasurer’s office, a statement of such actual costs and demanding payment, providing that if the cleaning and mowing are done on a private contract basis it shall be awarded to the lowest and best bidder. If cleaning and mowing are done by the Town, the cost to the property owner shall not exceed the actual costs of the labor, maintenance, and equipment required for said cleaning and owing.
- If payment is not made within thirty (30) days from the date of the mailing of the statement, the Town Clerk shall forward a certified statement of the amount of the cost to the Lincoln County Treasurer, and the same shall be levied on the property and collected by the Court Treasurer as other taxed 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 the time of collection, the County Treasurer shall collect a fee of Five Dollars for each parcel of property. The fee shall be deposited to the credit of the general and of Lincoln County. Any time prior to the collection as provided in this paragraph, the Town of Tryon may pursue any civil remedy for the collection of the amount owing and interest thereon including 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 judgment lien created pursuant to this section. Upon receiving payment, if any, the Town Clerk shall forward to the Lincoln County Treasurer a notice of such payment and direct discharge of the lien.
Section 15-21. Summary Abatement.
If notice is given by the Town of Tryon to a property municipal limits of the Town of Tryon to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in Section 15-16 herein, 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 Town of Tryon 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 15-17 hereof. Unless otherwise determined at the hearing the cost of such abatement shall be determined and collected as provided for in Section 15-20. This section shall not apply if the records Of the Lincoln County Clerk show that the property was transferred after notice was given pursuant to Section 15-17.