§ 10-209. Weeds, noxious growth, and siltation, a nuisance.

(a)

No person shall permit any piece of property, platted or unplatted, regardless of type or zoning, owned, occupied, or controlled by him, his agent or a person who has charge thereof, to become covered or overgrown with weeds, and the continued existence of such weeds, growths or accumulation shall constitute a public nuisance. Whenever private property abuts a public right-of-way or easement belonging to the City of Norman, or any public entity, and there exists in such right-of-way or easement a tree lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for purposes of this section requiring cutting of grass and weeds, to be a part of the private lot which abuts the right-of-way or easement, and it shall be duty of those responsible under this section for the maintenance of the private lot to equally maintain the tree lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of this section shall apply with equal force and effect to said tree lawn or grassy area.

(1)

Subsection (a) shall not apply in areas zoned A-1, general agricultural district; and A-2, rural agricultural district, except where those areas abut other residential, commercial, or industrial zones or parkway, sidewalk, or public or private street. Where those areas so abut other residential, commercial, or industrial zones or a parkway, sidewalk, or public or private street, a fifty-foot buffer zone shall be required to be maintained by the property owner along those common property lines.

(2)

Subsection (a) shall not apply to unplatted lots or tracts exceeding ten (10) acres in size except where those areas abut other residential, commercial, or industrial zones or parkway, sidewalk, or public or private street. Where those areas so abut other residential, commercial, or industrial zones or a parkway, sidewalk, or public or private street, a fifty-foot buffer zone shall be required to be maintained by the property owner along those common property lines.

(b)

No person shall permit any lot, yard, parkway, or spaces abutting thereon, owned, occupied or controlled by him, his agent or a person who has charge thereof, to remain without vegetative cover or suitable sedimentation control measures when the absence of vegetative cover or suitable sedimentation control measures results in the deposition of silt or sediment in such quantities so as to cause a hazard or impediment to pedestrian or vehicular traffic and/or causes or contributes to an obstruction or impediment to any storm sewers or drainage ways.

(c)

[Notification period for weed violations.]

(1)

At least ten (10) 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 may abate the nuisance. At the time of mailing of the notice to the property owner, the municipality 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. Concurrent with the mailing of the letter, the property shall be posted. Notice may also be given by publication one (1) time not less than ten (10) days prior to any action by the municipality. If the owner fails to abate the nuisance after notice, the City may cause the nuisance to be abated. The City Clerk, or a designee of the City Clerk, shall file a Notice of Lien with the County Clerk describing the property, the action to be taken and stating that the City claims a lien on such property for the costs of mowing, cleaning and/or removal. The City Clerk, or a designee of the City Clerk, may forward to the property owner at the address shown by the current year's tax rolls in the County Treasurer's office by certified mail, return receipt requested, a statement of actual costs including the mowing, cleaning, removal and administrative costs. If payment is not made within thirty (30) days from the date of the mailing of the statement, a certified statement of amount of costs shall be forwarded to the County Treasurer of Cleveland County and such costs shall be levied on the property and collected by the County Treasurer as an ad valorem tax.

(2)

If the City causes the abatement of weeds or other noxious or injurious growths or siltation on any property in accordance with the procedures provided for in subsection (c) of this section, any subsequent accumulations of weeds or other noxious or injurious growths or siltation 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 municipality shall notify the property owner of the abatement and the costs thereof.

(d)

As used in this section:

Weed includes but is not limited to poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which:

(1)

Exceeds twelve (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, safety 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;

(2)

Harbors, conceals, or invites deposits or accumulation of refuse or trash, regardless of height;

(3)

Harbors rodents or vermin;

(4)

Gives off unpleasant or noxious odors;

(5)

Constitutes a fire or traffic hazard; or

(6)

Is dead or diseased.

The term "weed" shall not include tended crops of land zoned for agricultural use which are planted more than one hundred fifty (150) feet from a parcel zoned for other than agricultural use.

"Undeveloped" shall mean property that is not platted and/or recorded according to current City requirements.

(Ord. No. 0-7273-56; Ord. No. 0-7879-57; Ord. No. 0-8384-41; Ord. No. 0-8485-15; Ord. No. 0-8586-90; Ord. No. 0-8788-31; Ord. No. 0-9293-40; Ord. No. 0-9495-49; Ord. No. 0-9697-23; Ord. No. 0-0405-25, § 3; Ord. No. O-0708-46, § 1; Ord. No. 0-1314-14, § 8)