TRASH

Oklahoma City Municipal Code ch. 35, art. IV

in effect

Oklahoma City Municipal Code § 35-101 Definitions.

§ 35-101. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Director means the Director of Neighborhood Enhancement or his designated representatives. (2) Occupant means the person(s) in actual or constructive possession of real property. (3) Owner means the owner of record of real property as shown by the most current tax rolls of the county treasurer. (4) Trash means any refuse, litter, ashes, debris, paper, combustible materials, rubbish, offal or waste, or matter of any kind or form which is uncared for, discarded, or abandoned. (Code 1980, § 35-70; Ord. No. 18691, § 1, 2-17-87; Ord. No. 19483, § 8, 10-23-90)

Oklahoma City Municipal Code § 35-102 Nuisance declared.

§ 35-102. - Nuisance declared. 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. (Code 1980, § 35-71; Ord. No. 18691, § 1, 2-17-87)

Oklahoma City Municipal Code § 35-103 Removal of trash required.

§ 35-103. - Removal of trash required. It shall be unlawful for any owner or occupant of any lot, tract or parcel of land to allow trash to accumulate or exist upon such premises, or along the unpaved streets, unpaved alleys or public easements adjacent to such premises, and it shall be the duty of such owner or occupant to remove any and all trash on such premises. (Code 1980, § 35-72; Ord. No. 18691, § 1, 2-17-87)

Oklahoma City Municipal Code § 35-104 Notice and order to remove trash.

§ 35-104. - Notice and order to remove trash. (a) Whenever the director shall determine that the accumulation or existence of trash constitutes 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 clean the property of trash, 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 Subsection (b) of this section, the notice as defined by 11 O.S. § 22-111, shall state: (1) that any accumulations of trash 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. (b) If the director causes property within the municipal limits to be cleaned of trash, any subsequent accumulations of trash 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 director 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 Section 35-105 of Article IV. (Code 1980, § 35-73; Ord. No. 18691, § 1, 2-17-87; Ord. No. 19483, § 9, 10-23-90; Ord. No. 21138, § 1, 10-6-98)

Oklahoma City Municipal Code § 35-105 Consent to City abatement of nuisance or hearing re trash removal.

§ 35-105. - Consent to City abatement of nuisance or hearing re trash removal. (a) The owner may give written consent authorizing the City to abate the nuisance under Section 35-102 hereof. Such consent shall waive his right to a hearing under the provisions of this section. (b) At any time within ten days from the date of the notice and order provided for in this article, the owner may request, in writing to the director, a hearing to be conducted for the purpose of contesting the determination that a nuisance exists upon his property. The director shall conduct such hearing as soon as may be practicable but not earlier than five days after receipt of the owner's request for such hearing, and not later than 15 days after such receipt. (c) At such hearing, the owner shall have the right to be represented by counsel; to present testimony, other evidence and arguments; and to cross examine witnesses. All testimony shall be taken under oath. If the director, after such hearing, shall determine that the trash accumulated or existing upon the property in question constitutes a nuisance detrimental to health or constitutes a fire or traffic hazard, and shall determine that the person or persons requesting such hearing are owners of the property upon which such nuisance is located, he shall file in writing his findings of fact, and his order that such nuisance be abated within ten days, and shall cause such findings and order to be served upon such owner at the conclusion of the hearing. (Code 1980, § 35-74; Ord. No. 18691, § 1, 2-17-87)

Oklahoma City Municipal Code § 35-106 Appeals from orders of director; hearing.

§ 35-106. - Appeals from orders of director; hearing. An appeal from a final order of the director made pursuant to the provisions of this article may be had by any person aggrieved thereby by filing with the City Clerk, within ten days from the date of the director's final order, a written notice of appeal. The City Clerk shall thereupon set the matter for a hearing before the City Council and shall notify the appellant by registered mail of the time and date when the matter will be heard. Upon the filing of the notice of appeal, the director shall forthwith transmit to the City Clerk all their records and orders pertaining thereto. The City Council, after hearing the matter in a summary manner, may sustain, reverse, or modify the order of the director. (Code 1980, § 35-75; Ord. No. 18691, § 1, 2-17-87)

Oklahoma City Municipal Code § 35-107 Abatement by City—Generally.

§ 35-107. - Abatement by City—Generally. (a) In the event that: (1) no hearing shall have been requested as provided for in this article; or (2) the director, or City Council, after such hearing, shall have ordered such nuisance to be abated as aforesaid; and (3) such nuisance shall not have been abated within the respective period specified; then the director may cause such nuisance to be abated forthwith by removing same, in as many instances as may be necessary for continued abatement of the nuisance, and may cause a complaint to be filed against such owner in the Municipal Court for violation of provisions of this article, or both. (b) To effect abatement, the director may cause the nuisance to be abated by employees for the City or, in the alternative, the director may prepare appropriate specifications, advertise for bids and award a contract for such abatement to the lowest and best bidder. The cost of abating any such nuisance, in each and every instance where abated, shall be borne by the property owner and shall be assessed as hereinafter provided. (Code 1980, § 35-76; Ord. No. 18691, § 1, 2-17-87)

Oklahoma City Municipal Code § 35-108 Same—Collection of City's costs.

§ 35-108. - Same—Collection of City's costs. (a) When the owner of the property upon which the nuisance is located has failed or refused to abate said nuisance the director shall cause said nuisance to be abated either by employees for the City or, in the alternative, by the contractor who has submitted the lowest and best bid for such work. The actual and necessary costs required to be expended by the director together with such administrative expense for mailing of notices, etc., said administrative expenses not to exceed the amount established in Chapter 60, the General Schedule of Fees, and the total of said costs, shall be certified to the office of the City Clerk, who shall be responsible for billing all of said costs to the property owner. (b) The City Clerk shall forward by mail to the property owner at the address specified in Section 35-104 of this article a statement setting forth the total costs for removal of trash and demanding payment. 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 costs to the county treasurer of the county in which the property is located and such costs shall be a lien against the property, until paid, and shall be collected in the same manner as ad valorem taxes against the property, and when collected shall be paid to the City. 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. (Code 1980, § 35-77; Ord. No. 18691, § 1, 2-17-87; Ord. No. 19205, § 1, 6-6-89; Ord. No. 19483, § 10, 10-23-90)

Oklahoma City Municipal Code § 35-109 Violations; applicability.

§ 35-109. - Violations; applicability. (a) Any owner or occupant who shall violate any of the provisions of this article shall, upon conviction thereof, be deemed guilty of a Class "a" offense against the City. For any second or subsequent offense and upon proof of prior conviction, said person shall be guilty of a Class "b" offense. Each day's continuous violation shall constitute a separate offense and shall be punishable as such. (b) The provisions of this article shall not apply to any property zoned and used for agricultural purposes unless the nuisance is visible from the public right-of-way. (Code 1980, § 35-78; Ord. No. 18691, § 1, 2-17-87; Ord. No. 19483, § 11, 10-23-90; Ord. No. 21766, § 1, 7-17-01; Ord. No. 22773, § 1, 7-19-05)

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_CH35NU_ARTIVTRFetched: 10/28/2026