{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-22-112.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-22-112.2","heading":"Removal of graffiti by municipalities","body":"A. A municipal governing body may cause graffiti to be removed\n\nfrom property within the municipal limits in accordance with the\n\nfollowing procedures:\n\n1. The property owner and the tenant, if any, may give their\n\nwritten consent to the municipality authorizing removal of the\n\ngraffiti. By giving such written consent, the owner and the tenant\n\neach waives the right to notice and a hearing by the municipality as\n\notherwise required by this section;\n\n2. If the consent of the property owner and the tenant, if any,\n\nto remove graffiti from the property cannot be obtained, the\n\nmunicipality may remove the graffiti without such consent pursuant\n\nto the procedures set forth in this section;\n\n3. To remove graffiti from property without the consent of the\n\nproperty owner and the tenant, if any, at least ten (10) days'\n\nnotice shall be given by mail directed to the address shown by the\n\ncurrent year's tax rolls in the county treasurer's office. Notice\n\nto the tenant, if any, shall be given by mail directed to the\n\nproperty address. The notice shall order the property owner and the\n\ntenant, if any, to remove graffiti from the property and shall\n\nfurther state that unless such work is performed within twenty (20)\n\ndays of the date of the notice the work shall be done by the\n\nmunicipality. At the time of mailing of notice to the property\n\nowner and the tenant, if any, the municipality shall obtain a\n\nreceipt of mailing from the postal service, which receipt shall\n\nindicate the date of mailing and the name and address of the\n\nmailee(s). In addition, notice shall be given by posting a copy of\n\nthe notice on the property at least one time not less than ten (10)\n\ndays prior to any hearing or action by the municipality. If a\n\nmunicipal governing body anticipates summary abatement of graffiti\n\nin accordance with the provisions of subsection B of this section,\n\nthe notice shall state that any accumulations of graffiti on the\n\nproperty occurring within one (1) year from and after the date of\n\nthe notice may be summarily abated by the municipality without a\n\nhearing and further prior notice to the property owner or the\n\ntenant, if any, except by posting of notice at least one time on the\n\nproperty once not less than two (2) business days prior to such\n\nsummary abatement;\n\n4. A hearing may be held by the municipal governing body to\n\ndetermine whether the accumulation of graffiti on the property has\n\ncaused the property to become detrimental or a hazard to the health,\n\nsafety, or general welfare of the public and the community;\n\n5. Upon finding that the condition of the property constitutes\n\na detriment or hazard, and that the property, the public, and the\n\ncommunity would be benefited by removal of such conditions, the\n\nagents of the municipality are granted the right of entry onto the\n\nproperty for the removal of the graffiti thereon and for performance\n\nof the necessary duties as a governmental function of the\n\nmunicipality; and\n\n6. The municipality may designate by ordinance an\n\nadministrative officer or administrative body to perform the\n\nfunctions set forth in this section. The property owner and the\n\ntenant, if any, 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) business\n\ndays after the administrative order is rendered.\n\nB. If a notice is given by a municipal governing body to a\n\nproperty owner and tenant, if any, ordering graffiti to be removed\n\nfrom property within the municipal limits in accordance with the\n\nprocedures provided for in subsection A of this section, any\n\nsubsequent accumulations of graffiti on the property occurring\n\nwithin a one (1) year period may be summarily abated without further\n\nprior notice to the property owner or the tenant, if any. However,\na\n\nproperty owner and tenant, if any, ordering graffiti to be removed\n\nfrom property within the municipal limits in accordance with the\n\nprocedures provided for in subsection A of this section, any\n\nsubsequent accumulations of graffiti on the property occurring\n\nwithin a one (1) year period may be summarily abated without further\n\nprior notice to the property owner or the tenant, if any. However,\n\nprior to the summary abatement by the municipality, notice thereof\n\nshall be posted at least one time on the property not less than two\n\n(2) business days prior to such summary abatement. This subsection\n\nshall not apply if the records of the county clerk show that the\n\nownership and/or tenancy of the property was transferred after\n\nnotice was given pursuant to subsection A of this section.\n\nC. Removal of graffiti by a municipality pursuant to the\n\nprovisions of this section shall be performed at the sole expense of\n\nthe municipality. In removing the graffiti, the municipality shall\n\nrestore the property as nearly as possible to the condition as it\n\nexisted immediately prior to the graffiti being placed on the\n\nproperty.\n\nD. Nothing in the provisions of this section shall prevent the\n\nmunicipality from abating graffiti as a nuisance or otherwise\n\nexercising its police power to protect the health, safety, or\n\ngeneral welfare of the public.\n\nE. The municipality and its officers, employees or agents shall\n\nnot be liable for any damages or loss of property due to the removal\n\nof graffiti performed pursuant to the provisions of this section.\n\nF. Nothing in this section shall prohibit the municipal\n\ngoverning body from enacting ordinances concerning the removal of\n\ngraffiti that are more strict than this section.\n\nG. For the purposes of this section:\n\n1. \"Advertising\" means any letter, word, name, number, symbol,\n\nslogan, message, drawing, picture, writing, or other mark of any\n\nkind lawfully placed on property by an owner or tenant of the\n\nproperty, or an agent of such owner or tenant, for the purpose of\n\npromoting products or services or conveying information to the\n\npublic;\n\n2. \"Graffiti\" means, without limitation, any letter, word,\n\nname, number, symbol, slogan, message, drawing, picture, writing, or\n\nother mark of any kind visible to the public that is drawn, painted,\n\nchiseled, scratched or etched on a rock, tree, wall, bridge, fence,\n\ngate, building or other structure; provided, this definition shall\n\nnot include advertising or any other letter, word, name, number,\n\nsymbol, slogan, message, drawing, picture, writing, or other mark of\n\nany kind lawfully placed on property by an owner of the property, a\n\ntenant of the property, or by an authorized agent for such owner or\n\ntenant;\n\n3. \"Owner\" means the owner of record as shown by the most\n\ncurrent tax rolls of the county treasurer;\n\n4. \"Removal\", \"remove\", or \"removed\", when used in relation to\n\nthe eradication of graffiti means the act of taking graffiti off of,\n\nor masking the presence of graffiti on, a rock, tree, wall, bridge,\n\nfence, gate, building or other structure; and\n\n5. \"Tenant\" means any person shown by the records of the county\n\nclerk's office as a lessee of property, or any person lawfully in\n\nactual physical possession of property.","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":"6316c3f71a082920d8c58006398cb5c9aeb327fed2f83d32ffec5f888136c4ab","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-22-112.1","next":"us-ok/okla.-stat.-tit.-11-11-22-112.3"},"notice":"GroundRules: Original legal text. Not legal advice."}