Violations.
Oklahoma City Municipal Code § 49-32
in effect§ 49-32. - Violations.
An owner, occupant or person in control of private premises commits an offense if he or she places, deposits, permits to accumulate or permits or causes placement of bulky waste material on those premises in a manner or location that is in violation of this article. Written notices to clean the premises will give the owner, occupant, occupant or person in control three days to have it cleaned. If not done on time, a citation may be issued for the violation.
Trash which accumulates or exists upon any lot, tract or parcel of land, or along the unpaved streets, unpaved alleys or public easements adjacent to such lot, tract or parcel of land, is hereby declared to constitute a nuisance.
(a) The City may cause property within the municipal limits to be cleaned of trash and/or bulky waste in accordance with the following procedure for persons not receiving water service from the City:
(1) at least ten 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 County Treasurer's office before the City Council holds a hearing or takes action. The notice shall order the property owner to clean the property of trash and/or bulky waste on the property, as appropriate, 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 division and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing the division. At the time of mailing of notice to the property owner, the division 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 division, notice may be given by posting a copy of the notice on the property. If the division anticipates summary abatement of a nuisance in accordance with the provisions of Subsection (b) of this section, the notice, whether by certified mail or posting shall state:
(a) that any accumulations of trash and/or bulky waste on the owner's property occurring within six months from and after the date of this notice may be summarily abated by the Division;
(b) that the costs of such abatement shall be assessed against the owner; and
(c) that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.
(2) the owner of the property may give written consent to the Division authorizing the removal of the trash and/or bulky waste. By giving said written consent, the owner waives the right to a hearing by the City.
(3) a hearing may be held by the Superintendent to determine whether the accumulation of trash has caused the property to become detrimental to the health, benefit, and welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of property;
(4) upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefitted by the removal of such conditions, the agents of the division are granted the right of entry on the property for the removal of trash and performance of the necessary duties as a governmental function of the City. Immediately following the cleaning of the property, the City Clerk shall file a notice of lien with the County Clerk describing the property and the work performed by the City and stating that the City claims a lien on said property for the cleaning costs;
(5) the Superintendent shall determine the actual cost of such cleaning and any other expenses as may be necessary in connection therewith, including the costs of notice and mailing. The City Clerk shall forward by mail to the property owner specified in Paragraph (1) of this subsection a statement of such actual costs and demanding payment. If the cleaning is done by the City, the cost to the property owner for cleaning and/or mowing shall not exceed the actual cost of the labor, maintenance, and equipment required. If the cleaning and/or mowing are done on a private contract basis, the contract shall be awarded to the lowest and best bidder;
(6) if payment is not made within 30 days from the date of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer of the county in which the property is located and the same shall be levied on the property and collected by the County Treasurer as other taxes 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 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 $5.00 for each parcel of property. Said fee shall be deposited to the credit of the general fund of the County. At any time prior to the collection as provided in this paragraph, the City may pursue any civil remedy for collection of the amount owing and interest thereon including an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surfaces interest and not owned by the surface owner, shall not be subject to any tax or judgement lien created pursuant to this section. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien; and
(b) If a notice is given by the City to a property owner ordering the property within the municipal limits to be cleaned of trash and/or bulky waste in accordance with procedures provided for in Subsection (a) of this section, any subsequent accumulations of trash and/or bulky waste 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 summary abatement, the Superintendent 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 days after the date of mailing the notice. The notice and hearing shall be as provided for in Subsection (a) of this section. Unless otherwise determined at the hearing the cost of such abatement shall be determined and collected as provided for in Paragraphs (5) and (6) of Subsection (a) of this section. Provided, however, that this subsection shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to Subsection (a) of this section.
(c) This ordinance is designed to prohibit owners of property or persons otherwise in possession or control located within the municipal limits from allowing trash and/or bulky waste to accumulate upon the premises more than three days before the established collection day and may impose penalties for violation of said ordinances.
(d) As used in this section, cleaning means the removal of trash and/or bulky waste from property.
(e) The placement of any residential bulky waste material placed within three feet of a gas meter at the collection point is an offense.
(f) The placement of any residential bulky waste material placed directly under telephone or electrical wires is an offense.
(g) The owner, occupant, or person having control of any premises in the City who fails to follow any of the provisions of this article, or who attempts to remove any refuse except as provided by this article, shall be deemed guilty of an offense. For each 24-hour period following conviction, if such person further fails to comply with the provisions of this article, he shall be deemed guilty of a separate offense.
(h) The City may cause property within the municipal limits to be cleaned of trash and/or bulky waste in accordance with the following procedure for persons who receive water service from the City:
(1) the Superintendent shall have the authority to order the owner or occupant of any private premises in the corporate limits of the City to remove from such premises, at his own expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease, or any other condition adversely affecting the public health, within 24 hours, or within such other time as might be reasonable, and a failure to do so shall constitute a misdemeanor. Such order shall be in writing and may be served personally on the owner or occupant of the premises, or authorized agent thereof, of a copy thereof may be left at the last usual place of abode of such owner, occupant or agent, if known and within the State. If the premises are unoccupied and the residence of such owner, occupant or agent is unknown, or is without the State, such order may be served by posting a copy thereof on the premises, or by publication in at least one issue of a newspaper having a general circulation in the City. In the event of any conflict between the Superintendent and the local health officer of the county, the county shall prevail.
(2) the cost of removing or abating any such nuisance may be added to municipal utility bills and collected in the same manner as such bills.
(Code 1970, § 30-13; Code 1980, § 49-32; Ord. No. 21055, § 1, 5-26-98)
Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH49SOWA_ARTIIMUCOSE_DIV1GE_S49-32VIFetched: 10/28/2026