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Oklahoma Legislature· SB 2154CR; Do Pass Government Oversight Committee

An act relating to powers of municipalities, the official text

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1                    STATE OF OKLAHOMA

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2                  2nd Session of the 60th Legislature (2026)

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3 SENATE BILL 2154              By: Reinhardt
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6                               AS INTRODUCED

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7   An Act relating to powers of municipalities; amending

7   11 O.S. 2021, Section 22-111, which relates to

8   cleaning and mowing of property; requiring certain

8   notice to lienholder; requiring municipal clerk to

9   forward certain statement to lienholder; defining

9   term; updating statutory language; and providing an

10  effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.      AMENDATORY  11 O.S. 2021, Section 22-111, is

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15 amended to read as follows:
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16  Section 22-111. A. A municipal governing body may cause

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17 property within the municipal limits to be cleaned of trash and
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18 weeds or grass to be cut or mowed in accordance with the following
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19 procedure:
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20  1. At least ten (10) days' notice shall be given to the owner

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21 and any lienholder of record of the property by mail at the address
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22 shown by the current year's tax rolls in the county treasurer's
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23 office before the governing body holds a hearing or takes action.
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24 The notice shall order the property owner to clean the property of
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    Req. No. 3301                                              Page 1
 1 trash, or to cut or mow the weeds or grass on the property, as
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 2 appropriate, and the notice shall further state that unless such
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 3 work is performed within ten (10) days of the date of the notice the
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 4 work shall be done by the municipality and a notice of lien shall be
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 5 filed with the county clerk against the property for the costs due
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 6 and owing the municipality. At the time of mailing of notice to the
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 7 property owner and lienholder of record, the municipality shall
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 8 obtain a receipt of mailing from the postal service, which receipt
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 9 shall indicate the date of mailing and the name and address of the
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10 mailee mailees. However, if the property owner and lienholder of
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11 record cannot be located within ten (10) days from the date of
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12 mailing by the municipal governing body, notice may be given by
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13 posting a copy of the notice on the property or by publication, as
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14 defined in Section 1-102 of this title, one time not less than ten
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15 (10) days prior to any hearing or action by the municipality. If a
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16 municipal governing body anticipates summary abatement of a nuisance
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17 in accordance with the provisions of subsection B of this section,
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18 the notice, whether by mail, posting or publication, shall state:
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19 that any accumulations of trash or excessive weed or grass growth on
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20 the owner's property occurring within six (6) months from and after
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21 the date of this notice may be summarily abated by the municipal
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22 governing body; that the costs of such abatement shall be assessed
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23 against the owner; and that a lien may be imposed on the property to
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Req. No. 3301  Page 2
1 secure such payment, all without further prior notice to the
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2 property owner;
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3   2. The owner of the property may give written consent to the

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4 municipality authorizing the removal of the trash or the mowing of
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5 the weeds or grass. By giving written consent, the owner waives the
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6 owner's right to a hearing by the municipality;
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7   3. A hearing may be held by the municipal governing body to

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8 determine whether the accumulation of trash or the growth of weeds
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9 or grass has caused the property to become detrimental to the
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10 health, benefit, and welfare of the public and the community or a
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11 hazard to traffic, or creates a fire hazard to the danger of
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12 property;
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13  4. Upon a finding that the condition of the property

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14 constitutes a detriment or hazard, and that the property would be
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15 benefited by the removal of such conditions, the agents of the
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16 municipality are granted the right of entry on the property for the
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17 removal of trash, mowing of weeds or grass, and performance of the
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18 necessary duties as a governmental function of the municipality.
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19 Immediately following the cleaning or mowing of the property, the
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20 municipal clerk shall file a notice of lien with the county clerk
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21 describing the property and the work performed by the municipality,
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22 and stating that the municipality claims a lien on the property for
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23 the cleaning or mowing costs;
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    Req. No. 3301                                         Page 3
1   5. The governing body shall determine the actual cost of such

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2 cleaning and mowing and any other expenses as may be necessary in
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3 connection therewith, including the cost of notice and mailing. The
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4 municipal clerk shall forward by mail to the property owner and
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5 lienholder of record specified in paragraph 1 of this subsection a
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6 statement of such actual cost and demanding payment. If the
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7 cleaning and mowing are done by the municipality, the cost to the
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8 property owner and lienholder of record for the cleaning and mowing
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9 shall not exceed the actual cost of the labor, maintenance, and
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10 equipment required. If the cleaning and mowing are done on a
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11 private contract basis, the contract shall be awarded to the lowest
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12 and best bidder;
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13  6. If payment is not made within thirty (30) days from the date

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14 of the mailing of the statement, then within the next thirty (30)
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15 days, the municipal clerk shall forward a certified statement of the
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16 amount of the cost to the county treasurer of the county in which
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17 the property is located and the same shall be levied on the property
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18 and collected by the county treasurer as other taxes authorized by
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19 law. The municipal clerk shall forward a copy of this statement by
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20 mail to any lienholder of record and shall obtain a receipt of
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21 mailing from the postal service, with a receipt that indicates the
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22 date of mailing and the name and address of the mailee. Once
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23 certified by the county treasurer, payment may only be made to the
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24 county treasurer except as otherwise provided for in this section.
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    Req. No. 3301    Page 4
1 In addition the cost and the interest thereon shall be a lien
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2 against the property from the date the cost is certified to the
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3 county treasurer, coequal with the lien of ad valorem taxes and all
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4 other taxes and special assessments and prior and superior to all
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5 other titles and liens against the property, and the lien shall
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6 continue until the cost shall be fully paid. At the time of
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7 collection the county treasurer shall collect a fee of Five Dollars
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8 ($5.00) for each parcel of property. The fee shall be deposited to
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9 the credit of the general fund of the county. If the county
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10 treasurer and the municipality agree that the county treasurer is
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11 unable to collect the assessment, the municipality may pursue a
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12 civil remedy for collection of the amount owing and interest thereon
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13 by an action in person against the property owner and an action in
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14 rem to foreclose its lien against the property. A mineral interest,
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15 if severed from the surface interest and not owned by the surface
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16 owner, shall not be subject to any tax or judgment lien created
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17 pursuant to this section. Upon receiving payment, if any, the
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18 municipal clerk shall forward to the county treasurer a notice of
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19 such payment and directing discharge of the lien; and
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20  7. The municipality may designate by ordinance an

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21 administrative officer or administrative body to carry out the
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22 duties of the governing body in subsection A of this section. The
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23 property owner shall have a right of appeal to the municipal
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24 governing body from any order of the administrative officer or
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    Req. No. 3301                                         Page 5
1 administrative body. Such appeal shall be taken by filing written
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2 notice of appeal with the municipal clerk within ten (10) days after
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3 the administrative order is rendered.
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4   B. If a notice is given by a municipal governing body to a

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5 property owner and lienholder of record ordering the property within
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6 the municipal limits to be cleaned of trash and weeds or grass to be
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7 cut or mowed in accordance with the procedures provided for in
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8 subsection A of this section, any subsequent accumulations of trash
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9 or excessive weed or grass growth on the property occurring within a
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10 six-month period may be declared to be a nuisance and may be
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11 summarily abated without further prior notice to the property owner
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12 and lienholder of record. At the time of each such summary
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13 abatement the municipality shall notify the property owner and
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14 lienholder of record of the abatement and the costs thereof. The
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15 notice shall state that the property owner may request a hearing
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16 within ten (10) days after the date of mailing the notice. The
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17 notice and hearing shall be as provided for in subsection A of this
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18 section. Unless otherwise determined at the hearing the cost of
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19 such abatement shall be determined and collected as provided for in
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20 paragraphs 5 and 6 of subsection A of this section. This subsection
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21 shall not apply if the records of the county clerk show that the
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22 property was transferred after notice was given pursuant to
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23 subsection A of this section.
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    Req. No. 3301                                               Page 6
1   C. The municipal governing body may enact ordinances to

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2 prohibit owners of property or persons otherwise in possession or
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3 control located within the municipal limits from allowing trash to
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4 accumulate, or weeds to grow or stand upon the premises and may
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5 impose penalties for violation of said ordinances.
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6   D. As used in this section:

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7   1. "Weed" includes but is not limited to poison ivy, poison

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8 oak, or poison sumac and all vegetation at any state of maturity
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9 which:
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10        a. exceeds twelve (12) inches in height, except healthy

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11                 trees, shrubs, or produce for human consumption grown

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12                 in a tended and cultivated garden unless such trees

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13                 and shrubbery by their density or location constitute

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14                 a detriment to the health, benefit and welfare of the

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15                 public and community or a hazard to traffic or create

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16                 a fire hazard to the property or otherwise interfere

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17                 with the mowing of said weeds,

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18        b. regardless of height, harbors, conceals, or invites

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19                 deposits or accumulation of refuse or trash,

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20        c. harbors rodents or vermin,

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21        d. gives off unpleasant or noxious odors,

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22        e. constitutes a fire or traffic hazard, or

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23        f. is dead or diseased.

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    Req. No. 3301                                                Page 7
1   The term "weed" shall not include tended crops on land zoned for

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2 agricultural use which are planted more than one hundred fifty (150)
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3 feet from a parcel zoned for other than agricultural use;
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4   2. "Trash" means any refuse, litter, ashes, leaves, debris,

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5 paper, combustible materials, rubbish, offal, or waste, or matter of
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6 any kind or form which is uncared for, discarded, or abandoned;
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7   3. "Owner" means the owner of record as shown by the most

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8 current tax rolls of the county treasurer; and
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9   4. "Cleaning" means the removal of trash from property; and

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10  5. "Lienholder of record" means a person holding a lien on a

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11 property subject to municipal action as recorded on a deed or title
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12 in county records.
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13  E. The provisions of this section shall not apply to any

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14 property zoned and used for agricultural purposes or to railroad
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15 property under the jurisdiction of the Oklahoma Corporation
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16 Commission. However, a municipal governing body may cause the
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17 removal of weeds or trash from property zoned and used for
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18 agricultural purposes pursuant to the provisions of this section but
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19 only if such weeds or trash pose a hazard to traffic and are located
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20 in, or within ten (10) yards of, the public right-of-way at
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21 intersections.
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22  SECTION 2. This act shall become effective November 1, 2026.

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24  60-2-3301          YG  1/15/2026 2:01:33 PM

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    Req. No. 3301                                               Page 8
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