{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-22-111","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-22-111","heading":"Cleaning and mowing of property - Summary abatement -","body":"Ordinances – Definitions - Application.\n\nA. A municipal governing body may cause property within the\n\nmunicipal limits to be cleaned of trash and weeds or grass to be cut\n\nor mowed in accordance with the following procedure:\n\n1. At least ten (10) days' notice shall be given to the owner\n\nof the property by mail at the address shown by the current year's\n\ntax rolls in the county treasurer's office before the governing body\n\nholds a hearing or takes action. The notice shall order the\n\nproperty owner to clean the property of trash, or to cut or mow the\n\nweeds or grass on the property, as appropriate, and the notice shall\n\nfurther state that unless such work is performed within ten (10)\n\ndays of the date of the notice the work shall be done by the\n\nmunicipality and a notice of lien shall be filed with the county\n\nclerk against the property for the costs due and owing the\n\nmunicipality. At the time of mailing of notice to the property\n\nowner, the municipality shall obtain a receipt of mailing from the\n\npostal service, which receipt shall indicate the date of mailing and\n\nthe name and address of the mailee. However, if the property owner\n\ncannot be located within ten (10) days from the date of mailing by\n\nthe municipal governing body, notice may be given by posting a copy\n\nof the notice on the property or by publication, as defined in\n\nSection 1-102 of this title, one time not less than ten (10) days\n\nprior to any hearing or action by the municipality. If a municipal\n\ngoverning body anticipates summary abatement of a nuisance in\n\naccordance with the provisions of subsection B of this section, the\n\nnotice, whether by mail, posting or publication, shall state: that\n\nany accumulations of trash or excessive weed or grass growth on the\n\nowner's property occurring within six (6) months from and after the\n\ndate of this notice may be summarily abated by the municipal\n\ngoverning body; that the costs of such abatement shall be assessed\n\nagainst the owner; and that a lien may be imposed on the property to\n\nsecure such payment, all without further prior notice to the\n\nproperty owner;\n\n2. The owner of the property may give written consent to the\n\nmunicipality authorizing the removal of the trash or the mowing of\n\nthe weeds or grass. By giving written consent, the owner waives the\n\nowner's right to a hearing by the municipality;\n\n3. A hearing may be held by the municipal governing body to\n\ndetermine whether the accumulation of trash or the growth of weeds\n\nor grass has caused the property to become detrimental to the\n\nhealth, benefit, and welfare of the public and the community or a\n\nhazard to traffic, or creates a fire hazard to the danger of\n\nproperty;\n\n4. Upon a finding that the condition of the property\n\nconstitutes a detriment or hazard, and that the property would be\n\nbenefited by the removal of such conditions, the agents of the\n\nmunicipality are granted the right of entry on the property for the\n\nremoval of trash, mowing of weeds or grass, and performance of the\n\nnecessary duties as a governmental function of the municipality.\n\nImmediately following the cleaning or mowing of the property, the\n\nmunicipal clerk shall file a notice of lien with the county clerk\n\ndescribing the property and the work performed by the municipality,\n\nand stating that the municipality claims a lien on the property for\n\nthe cleaning or mowing costs;\n\n5. The governing body shall determine the actual cost of such\n\ncleaning and mowing and any other expenses as may be necessary in\n\nconnection therewith, including the cost of notice and mailing. The\n\nmunicipal clerk shall forward by mail to the property owner\n\nspecified in paragraph 1 of this subsection a statement of such\n\nactual cost and demanding payment. If the cleaning and mowing are\n\ndone by the municipality, the cost to the property owner for the\n\ncleaning and mowing shall not exceed the actual cost of the labor,\ny in\n\nconnection therewith, including the cost of notice and mailing. The\n\nmunicipal clerk shall forward by mail to the property owner\n\nspecified in paragraph 1 of this subsection a statement of such\n\nactual cost and demanding payment. If the cleaning and mowing are\n\ndone by the municipality, the cost to the property owner for the\n\ncleaning and mowing shall not exceed the actual cost of the labor,\n\nmaintenance, and equipment required. If the cleaning and mowing are\n\ndone on a private contract basis, the contract shall be awarded to\n\nthe lowest and best bidder;\n\n6. If payment is not made within thirty (30) days from the date\n\nof the mailing of the statement, then within the next thirty (30)\n\ndays, the municipal clerk shall forward a certified statement of the\n\namount of the cost to the county treasurer of the county in which\n\nthe property is located and the same shall be levied on the property\n\nand collected by the county treasurer as other taxes authorized by\n\nlaw. Once certified by the county treasurer, payment may only be\n\nmade to the county treasurer except as otherwise provided for in\n\nthis section. In addition the cost and the interest thereon shall\n\nbe a lien against the property from the date the cost is certified\n\nto the county treasurer, coequal with the lien of ad valorem taxes\n\nand all other taxes and special assessments and prior and superior\n\nto all other titles and liens against the property, and the lien\n\nshall continue until the cost shall be fully paid. At the time of\n\ncollection the county treasurer shall collect a fee of Five Dollars\n\n($5.00) for each parcel of property. The fee shall be deposited to\n\nthe credit of the general fund of the county. If the county\n\ntreasurer and the municipality agree that the county treasurer is\n\nunable to collect the assessment, the municipality may pursue a\n\ncivil remedy for collection of the amount owing and interest thereon\n\nby an action in person against the property owner and an action in\n\nrem to foreclose its lien against the property. A mineral interest,\n\nif severed from the surface interest and not owned by the surface\n\nowner, shall not be subject to any tax or judgment lien created\n\npursuant to this section. Upon receiving payment, if any, the\n\nmunicipal clerk shall forward to the county treasurer a notice of\n\nsuch payment and directing discharge of the lien; and\n\n7. The municipality may designate by ordinance an\n\nadministrative officer or administrative body to carry out the\n\nduties of the governing body in subsection A of this section. The\n\nproperty owner shall have a right of appeal to the municipal\n\ngoverning body from any order of the administrative officer or\n\nadministrative body. Such appeal shall be taken by filing written\n\nnotice of appeal with the municipal clerk within ten (10) days after\n\nthe administrative order is rendered.\n\nB. If a notice is given by a municipal governing body to a\n\nproperty owner ordering the property within the municipal limits to\n\nbe cleaned of trash and weeds or grass to be cut or mowed in\n\naccordance with the procedures provided for in subsection A of this\n\nsection, any subsequent accumulations of trash or excessive weed or\n\ngrass growth on the property occurring within a six-month period may\n\nbe declared to be a nuisance and may be summarily abated without\n\nfurther prior notice to the property owner. At the time of each\n\nsuch summary abatement the municipality shall notify the property\n\nowner of the abatement and the costs thereof. The notice shall\n\nstate that the property owner may request a hearing within ten (10)\n\ndays after the date of mailing the notice. The notice and hearing\n\nshall be as provided for in subsection A of this section. Unless\n\notherwise determined at the hearing the cost of such abatement shall\n\nbe determined and collected as provided for in paragraphs 5 and 6 of\n\nsubsection A of this section. This subsection shall not apply if\nthat the property owner may request a hearing within ten (10)\n\ndays after the date of mailing the notice. The notice and hearing\n\nshall be as provided for in subsection A of this section. Unless\n\notherwise determined at the hearing the cost of such abatement shall\n\nbe determined and collected as provided for in paragraphs 5 and 6 of\n\nsubsection A of this section. This subsection shall not apply if\n\nthe records of the county clerk show that the property was\n\ntransferred after notice was given pursuant to subsection A of this\n\nsection.\n\nC. The municipal governing body may enact ordinances to\n\nprohibit owners of property or persons otherwise in possession or\n\ncontrol located within the municipal limits from allowing trash to\n\naccumulate, or weeds to grow or stand upon the premises and may\n\nimpose penalties for violation of said ordinances.\n\nD. As used in this section:\n\n1. \"Weed\" includes but is not limited to poison ivy, poison\n\noak, or poison sumac and all vegetation at any state of maturity\n\nwhich:\n\na. exceeds twelve (12) inches in height, except healthy\n\ntrees, shrubs, or produce for human consumption grown\n\nin a tended and cultivated garden unless such trees\n\nand shrubbery by their density or location constitute\n\na detriment to the health, benefit and welfare of the\n\npublic and community or a hazard to traffic or create\n\na fire hazard to the property or otherwise interfere\n\nwith the mowing of said weeds,\n\nb. regardless of height, harbors, conceals, or invites\n\ndeposits or accumulation of refuse or trash,\n\nc. harbors rodents or vermin,\n\nd. gives off unpleasant or noxious odors,\n\ne. constitutes a fire or traffic hazard, or\n\nf. is dead or diseased.\n\nThe term \"weed\" shall not include tended crops on land zoned for\n\nagricultural use which are planted more than one hundred fifty (150)\n\nfeet from a parcel zoned for other than agricultural use;\n\n2. \"Trash\" means any refuse, litter, ashes, leaves, debris,\n\npaper, combustible materials, rubbish, offal, or waste, or matter of\n\nany kind or form which is uncared for, discarded, or abandoned;\n\n3. \"Owner\" means the owner of record as shown by the most\n\ncurrent tax rolls of the county treasurer; and\n\n4. \"Cleaning\" means the removal of trash from property.\n\nE. The provisions of this section shall not apply to any\n\nproperty zoned and used for agricultural purposes or to railroad\n\nproperty under the jurisdiction of the Oklahoma Corporation\n\nCommission. However, a municipal governing body may cause the\n\nremoval of weeds or trash from property zoned and used for\n\nagricultural purposes pursuant to the provisions of this section but\n\nonly if such weeds or trash pose a hazard to traffic and are located\n\nin, or within ten (10) yards of, the public right-of-way at\n\nintersections.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"189a75b7c681dca1c81961a9b530a6b228d1fa0cbc276415cfe4fc3ebb215423","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-22-110.1","next":"us-ok/okla.-stat.-tit.-11-11-22-111.1"},"notice":"GroundRules: Original legal text. Not legal advice."}