WEEDS AND NOXIOUS PLANTS

Oklahoma City Municipal Code ch. 35, art. III

in effect

Oklahoma City Municipal Code § 35-61 Definitions.

§ 35-61. - 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 representative. (2) Noxious plants means poison ivy, poison oak and poison sumac, at any height or stage of maturity. (3) Owner means the owner of record as shown by the current year's tax rolls in the county treasurer's office and/or any person, firm, or corporation having a legal or equitable interest in the property, including an officer, guardian, executor, administrator, mortgagee in possession, managing or leasing agent of such person, firm, or corporation. (4) Rank weeds means all vegetation at any state of maturity which: a. exceeds 12 inches in height, except healthy trees, shrubs, or produce for human consumption grown in a tended and cultivated garden unless such trees and shrubbery, by their density or location, constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds; b. regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash; c. harbors rodents or vermin; d. gives off unpleasant or noxious odors; e. constitutes a fire or traffic hazard; or f. is dead or diseased. "Rank weeds" does not include tended crops on land zoned for agricultural use which are planted more than 150 feet from a parcel zoned for other than agricultural use. (5) Thickets means dense growths of wild shrubbery having stems or trunks less than one inch in diameter, and briar patches. (Code 1970, § 21-81; Code 1980, § 35-61; Ord. No. 18624, § 1, 11-4-86; Ord. No. 18690, § 1, 2-17-87; Ord. No. 19483, § 1, 10-23-90; Ord. No. 20871, § 5, 7-29-97)

Oklahoma City Municipal Code § 35-62 Nuisance declared.

§ 35-62. - Nuisance declared. Rank weeds, thickets or noxious plants, which are allowed to stand at any season of the year upon any lot, tract or parcel of land, or along the sidewalk, street, or unpaved alley adjacent to such lot, tract or parcel of land, are hereby declared to constitute a nuisance; provided that this article shall not apply to land zoned or used for agricultural use which is more than 150 feet distant from any occupied commercial or residential subdivision lot, tract or parcel of land. (Code 1970, § 21-82; Code 1980, § 35-62)

Oklahoma City Municipal Code § 35-63 Removal required.

§ 35-63. - Removal required. It shall be unlawful for any owner or person otherwise in possession or control of any lot, tract or parcel of land, except as hereinbefore provided, to allow rank weeds, thickets or noxious plants to grow or stand upon such premises, or along the sidewalk, street, or unpaved alley adjacent to such premises, and it shall be the duty of such owner to cut, remove or destroy any and all such rank weeds, thickets or noxious plants on such premises. (Code 1970, § 21-83; Code 1980, § 35-63; Ord. No. 19483, § 2, 10-23-90)

Oklahoma City Municipal Code § 35-64 Notice and order to cut, remove or destroy.

§ 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)

Oklahoma City Municipal Code § 35-65 Consent or hearing.

§ 35-65. - Consent or hearing. (a) The owner may give written consent authorizing the City to abate the nuisance under Section 35-67 hereof. Such consent shall waive his right to a hearing under Subsection (c) hereof. (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, such owner shall have the right to be represented by counsel, to present testimony, or evidence and arguments, and to cross examine witnesses. All testimony shall be taken under oath. If the director, after such hearing, shall determine that rank weeds, thickets, or noxious plants constitute a nuisance detrimental to health or a fire or traffic hazard on such property, 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 1970, § 21-84.2(a)—(c); Code 1980, § 35-65; Ord. No. 18624, § 1, 11-4-86)

Oklahoma City Municipal Code § 35-66 Appeals.

§ 35-66. - Appeals. 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 1970, § 21-84.2(c); Code 1980, § 35-66; Ord. No. 18624, § 1, 11-4-86)

Oklahoma City Municipal Code § 35-67 Abatement by City—Generally.

§ 35-67. - 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 cutting, removing or destroying same, in as many instances as may be necessary for continual abatement of the nuisance, 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 such nuisance, in each and every instance where it is abated, shall be borne by the property owner and shall be assessed as hereinafter provided. (c) If the director causes property within the municipal limits to have its weeds or grass cut or mowed, any subsequent accumulations of excessive weed or grass growth 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 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 35-65 of this article. (d) 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 municipality, and stating that the municipality claims a lien on said property for the cleaning costs. (Code 1970, §§ 21-84.2(d), 21-84.3(a); Code 1980, § 35-67; Ord. No. 18690, § 1, 2-17-87; Ord. No. 19483, § 4, 10-23-90)

Oklahoma City Municipal Code § 35-68 Same—Collection of City's costs.

§ 35-68. - 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 cost 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) 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 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 1970, § 21-84.3(b); Code 1980, § 35-68; Ord. No. 18690, § 1, 2-17-87; Ord. No. 19206, § 1, 6-6-89; Ord. No. 19483, § 5, 10-23-90)

Oklahoma City Municipal Code § 35-69 Penalty.

§ 35-69. - Penalty. Any owner or person otherwise in possession or control who shall violate any of the provisions of this article shall, upon conviction thereof, be deemed guilty of an offense against the City. Each day's continuous violation shall constitute a separate offense and may be punishable as such. (Code 1970, § 21-85; Ord. No. 17032, § 1, 1-18-83; Code 1980, § 35-69; Ord. No. 19483, § 6, 10-23-90)

Oklahoma City Municipal Code § 35-70 Applicability.

§ 35-70. - Applicability. The provisions of this article shall not apply to any property zoned and used for agricultural purposes. However, a municipal government body may cause the removal of weeds or trash from property zoned and used for agricultural purposes pursuant to the provisions of this section, but only if such weeds or trash pose a hazard to traffic and are located in, or within ten yards of, the public right-of-way at intersections. (Code 1980, § 35-69.1; Ord. No. 19483, § 7, 10-23-90; Ord. No. 21841, § 1, 10-30-01)

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_ARTIIIWENOPLFetched: 10/28/2026