§ 35-64. Notice and order to cut, remove or destroy.

Whenever the director shall determine that rank weeds, thickets or noxious plants, or any combination thereof, are constituting a threat to the public health, comfort, safety or welfare, the director 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 director holds a hearing or takes action. The notice shall order the property owner to cut or mow the vegetation on the property, and said notice shall further state that unless such work is performed 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 notice to the property owner, the director 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 director, 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 director. If the director anticipates summary abatement of the nuisance in accordance with the provisions of Section 35-67(c), the notice as defined by 11 O.S. § 22-111, shall state:

(1)

that any accumulations of rank weeds, thickets or noxious plants, or any combination thereof, on the owner's property occurring within six 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)

that the costs of such abatement shall be assessed against the owner; and

(3)

that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.

(Code 1970, § 21-84.1; Code 1980, § 35-64; Ord. No. 18624, § 1, 11-4-86; Ord. No. 19483, § 3, 10-23-90; Ord. No. 21138, § 1, 10-6-98)

State law reference

Notice to abate, 11 O.S. § 22-111(A)(1).