§ 15-2-204. Receipt of report—Notice—Administrative order—Appeal.

A.

Upon receiving the report provided for in Section 15-203 of this code, or upon receipt of equivalent information from any reliable source, and upon determination that a nuisance or violation of this article code exists, the administrative officer shall give written notice and administrative order of the finding and direct the owner to abate the nuisance within ten (10) days from the date of the notice and administrative order.

B.

The written notice and administrative order to the owner shall include the following:

1.

An order to the property owner to clear the property of trash and/or to cut or mow the weeds on the property.

2.

Notice shall be given to the property owner by mailing the notice and administrative order. At the time of mailing the administrative officer shall obtain from the postal service a receipt from the postal service showing the date of mailing and the name and address of the mailee.

3.

A statement that unless such work is performed with ten (10) 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 cost due and owing the city.

4.

A statement that any subsequent accumulation of trash or weeds on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated by the city without further prior notice to the owner.

5.

A statement that the owner shall have a right of appeal to the city council from any order of the administrative officer. Such appeal must be filed with the city clerk within ten (10) days from the date of the written notice and administrative order.

6.

A description of the affected property.

C.

If the owner cannot be located within ten (10) days from the date of mailing by the administrative officer, notice shall be given by posting a copy of the notice and administrative order on the property not less than ten (10) days prior to any hearing or action taken on the property by the city. The administrative order and notice may be posted at the same time as the mailing is provided to the postal service.

D.

The owner may appeal to the city council the order to abate the unlawful accumulation of trash and/or weeds on the property by giving notice to the city clerk within ten (10) days of the date of mailing of the abatement notice and administrative order. On appeal to the city council, the council may affirm, reverse or modify the order of the administrative officer. The council's review shall be limited to a review of the finding of facts and order of the administrative officer to determine if the provisions of this article have been complied with.

E.

Upon completion of the foregoing procedure, and unless otherwise directed by the city council, the administrative officer shall cause the administrative abatement of the nuisance. Any such abatement shall include the removal of all low hanging and/or dead tree limbs, along with any other vegetation or debris as may be required to effectively abate the nuisance and the resulting expense shall be included in the costs assessed.

F.

Within the ten (10) day notice period therein and upon a request of the owner of the subject property, the administrative officer may grant a ten (10) day extension of the administrative order provided;

1.

The property owner has provided sufficient evidence that an undue hardship or other special circumstance exists which prevents them from complying with the administrative order in a timely manner.

2.

As part of the extension agreement, the property owner will give written consent to the City of Lawton authorizing the removal of the trash and/or the mowing of the weeds by the city or its agents if same has not been completed by the date indicated therein. By giving such written consent, the owner agrees to be obligated for and to promptly pay to the City of Lawton the actual costs of such cleaning and mowing.

G.

The owner of the property may give written consent to the City of Lawton authorizing the removal of the trash and/or the mowing of the weeds by the city or its agents. By giving such written consent, the owner agrees to be obligated for and to promptly pay to the City of Lawton the actual costs of such cleaning and mowing. Further, such consent shall not waive the rights of the City as provided in Section 15-2-206 of this code.

(97-39, Amended, 08/12/1997)

(Ord. No. 12-12, § 7, 4-24-2012; Ord. No. 14-35, § 2, 11-11-2014)