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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 93 — Weeds And Trash

§ 93.01 Definitions

   For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
   OWNER. The owner of record as shown by the most current tax rolls of the County Treasurer.
   TRASH. Any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, waste or matter of any kind or form which is uncared for, discarded or abandoned.
   WEEDS.
      (1)   Includes, but is not limited to, poison ivy, poison oak and poison sumac and all vegetation at any stage of maturity which:
         (a)   Exceeds 12 inches in height, except for healthy trees, shrubs or produce for human consumption or 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 the community or a hazard to traffic, create a fire hazard to the property or otherwise interfere with the mowing of WEEDS;
         (b)   Regardless of height, harbors, conceals or invites deposits or accumulations 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.
      (2)   The term WEED 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.
(Prior Code, § 8-102)

§ 93.02 Littering Unlawful

   (A)   Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
      LITTERING. Throwing any trash, refuse, wastepaper, tin cans, bottles or any other objects or substances whatsoever upon the public streets, alleys, roadways or sidewalks of the town or upon any real property owned or occupied by another.
   (B)   Prohibition. It is unlawful for any person to litter.
(Prior Code, § 8-112) Penalty, see § 93.99

§ 93.03 Littering From Automobiles Unlawful

   It is unlawful for any person to throw from any automobile or motor vehicle being operated and driven upon and over the streets, alleys or roadways of the town any litter, trash, wastepaper, tin cans or any other substances or refuse whatsoever.
(Prior Code, § 8-113) Penalty, see § 93.99

§ 93.04 Depositing Rubbish Unlawful

   It is unlawful for any person to throw, place or deposit any rubbish, trash, slop, garbage, filthy substances, grass, weeds, trees, brush or any other refuse or waste matter in any street, avenue, alley, ditch or watercourse, or upon the premises of another, or upon any public ground in the town.
(Prior Code, § 8-109) Penalty, see § 93.99

§ 93.05 Dead Animal Removal Required

   The owner or any person having charge of any animal dying in the town shall remove its carcass within 24 hours after the death of such animal.
(Prior Code, § 8-111) Penalty, see § 93.99

§ 93.06 Trash Or Weed Accumulations Unlawful

   It is unlawful for any owner or occupant of any lot, tract or parcel of land situated wholly or in part within the corporate limits of the town to allow trash or weeds to grow, stand or accumulate upon such premises. It is the duty of such owner or occupant to remove or destroy any such trash or weeds.
(Prior Code, § 8-101) Penalty, see § 93.99

§ 93.07 Litter Accumulations Unlawful

   (A)   It is unlawful for any person, firm or corporation occupying any real property either as tenant or owner to allow trash, wastepaper, litter objects, bottles, tin cans or any other used or disposed of objects to accumulate upon such real property or premises being so occupied or rented to such an extent so as to constitute a littering nuisance.
   (B)   It is unlawful for any person, firm or corporation occupying any real property either as tenant or owner to allow accumulated trash, wastepaper, litter objects, bottles, tin cans or any other used or disposed of objects to be carried from the occupied premises, either by the wind, elements or otherwise, to any adjoining or other real estate not so owned or occupied by the offender.
(Prior Code, § 8-114) Penalty, see § 93.99

§ 93.08 Reporting Accumulations On Property

   Any officer or employee of the town who discovers an accumulation of trash or the growth of grass and weeds, or both of these conditions, upon any premises within the limits of the town shall report the condition to the Town Clerk-Treasurer if, as a result of the accumulation or growth, the premises appears to be:
   (A)   Detrimental to the health, benefit and welfare of the public and the community;
   (B)   A hazard to traffic;
   (C)   A fire hazard to property; or
   (D)   Any two or more of these conditions.
(Prior Code, § 8-103)

§ 93.09 Notice Issued After Report

   (A)   Upon receiving the report provided for in § 93.08 of this chapter or upon receipt of equivalent information from any reliable source, the Town Clerk-Treasurer shall give written notice of the provisions of this section and § 93.10 of this chapter, and that the premises is in violation of § 93.06 of this chapter, by forwarding a copy thereof by certified mail, with return receipt requested, to the owner of the property at the address shown by the current year’s tax rolls in the office of the treasurer of the county in which the property is located.
   (B)   If the return receipt shows that the property owner cannot be located, then notice shall be given by publication in a newspaper of general circulation one time not less than ten days prior to the date of the hearing by the Board of Trustees or before it takes action.
(Prior Code, § 8-104)

§ 93.10 Hearing; Abatement

   (A)   At least ten days from the date of receipt of the notice by the owner or the date of publication, and upon the date specified in the notice, the Town Board shall hear the matter and shall receive information thereon, including anything which may be presented by the owner of the premises personally or by agent or attorney.
   (B)   If the Board determines that any of the conditions specified in § 93.08 of this chapter exist upon the premises, it may order the property to be cleaned of trash or other trash or weeds to be cut, removed or destroyed unless, within ten days from the date of receipt of the notice or the date of publication, the owner either:
      (1)   Cuts, removes or destroys the trash or weeds in accordance with the notice; or
      (2)   Gives written consent authorizing the town to abate the trash or weeds, thereby waiving his or her right to a hearing.
(Prior Code, § 8-104)

§ 93.11 Right Of Entry; Work Done By Employees Or Contract

   (A)   Upon finding that the condition of the property constitutes a detriment or hazard as specified in § 93.08 of this chapter and that the property would be benefitted by the removal of such conditions, agents of the town are granted the right of entry on the property to remove trash, mow weeds or grass and perform necessary duties as a governmental function.
   (B)   The work ordered to be performed under §§ 93.09 and 93.10 of this chapter may be done by employees of the town under the supervision of the town or it may be let by contract in the manner for letting other contracts.
(Prior Code, § 8-105)

§ 93.12 Determining And Assessing Costs

   (A)   Upon the completion of the work ordered to be performed under § 93.11 of this chapter, the Town Clerk-Treasurer shall report the cost thereof to the Town Board. Such report shall be itemized as to each tract of property involved as follows:
      (1)   Labor;
      (2)   Machinery rental or depreciation;
      (3)   Fuel and supplies;
      (4)   Cost of notice;
      (5)   Other costs; and
      (6)   Indirect costs.
   (B)   The Board shall examine the report and, after receiving appropriate information, shall determine the total cost of the work. The Board shall direct the Town Clerk-Treasurer to forward a statement and demand payment of the total cost by certified mail, with return receipt requested, to the owner of the property at the address shown by the current tax rolls in the office of the treasurer of the county in which the property lies.
(Prior Code, § 8-106)

§ 93.13 Lien On Property; Civil Remedy

   (A)   If the cost of the work performed under this chapter is not paid within 30 days from the date of mailing the notice prescribed by § 93.12 of this chapter, then the Town Clerk-Treasurer shall forward a certified statement of the amount of the cost to the treasurer of the county in which the property upon which the work was done is located in order that the amount be levied upon the property and be collected by said county treasurer in the manner prescribed by the law of the state.
   (B)   The lien is coequal with the lien of ad valorem taxes and all other taxes and special assessments and is prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At any time prior to collection as provided in this section, the town may pursue any civil remedy for collection of the amount owing and the interest thereon.
   (C)   Upon receiving payment, if any, the Town Clerk-Treasurer shall forward to said county treasurer a notice of such payment and directing discharge of the lien.
(Prior Code, § 8-107)

§ 93.14 Administrative Officer Designated By Board Of Trustees

   The Town Board may designate an administrative officer to carry out the duties of the Town Board in §§ 93.01 and 93.08 through 93.13 of this chapter. The property owner shall have a right of appeal to the Town Board from any order of the administrative officer. Such appeal shall be taken by filing written notice of appeal with the Town Clerk-Treasurer within ten days after the administrative hearing.
(Prior Code, § 8-108)

§ 93.99 Penalty

   (A)   Any person, firm or corporation found violating any provision of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and punished as provided in § 10.99(A) of this code.
(Prior Code, § 8-115)
   (B)   The failure to do as per § 93.05 of this chapter shall constitute a misdemeanor.
(Prior Code, § 8-111)