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ENGR. S. B. NO. 2154 Page 1
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ENGROSSED SENATE
BILL NO. 2154 By: Reinhardt of the Senate
and
Blair of the House
An Act relating to powers of municipalities; amending
11 O.S. 2021, Section 22-111, which relates to
cleaning and mowing of property; requiring certain
notice to lienholder; requiring municipal clerk to
forward certain statement to lienholder; defining
term; updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 22-111, is
amended to read as follows:
Section 22-111. A. A municipal governing body may cause
property within the municipal limits to be cleaned of trash and
weeds or grass to be cut or mowed in accordance with the following
procedure:
1. At least ten (10) days’ notice shall be given to the owner
and any lienholder of record of the property by mail at the address
shown by the current year’s tax rolls in the county treasurer’s
office before the governing body holds a hearing or takes action.
The notice shall order the property owner to clean the property of
trash, or to cut or mow the weeds or grass on the property, as
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appropriate, and the notice shall further state that unless such
work is performed within ten (10) days of the date of the notice the
work shall be done by the municipality and a notice of lien shall be
filed with the county clerk against the property for the costs due
and owing the municipality. At the time of mailing of notice to the
property owner and lienholder of record, 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 mailees. However, if the property owner and lienholder of
record cannot be located within ten (10) days from the date of
mailing by the municipal governing body, notice may be given by
posting a copy of the notice on the property or by publication, as
defined in Section 1-102 of this title, one time not less than ten
(10) days prior to any hearing or action by the municipality. If a
municipal governing body anticipates summary abatement of a nuisance
in accordance with the provisions of subsection B of this section,
the notice, whether by mail, posting or publication, shall state:
that any accumulations of trash or excessive weed or grass growth on
the owner’s property occurring within six (6) 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;
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2. The owner of the property may give written consent to the
municipality authorizing the removal of the trash or the mowing of
the weeds or grass. By giving written consent, the owner waives the
owner’s right to a hearing by the municipality;
3. A hearing may be held by the municipal governing body to
determine whether the accumulation of trash or the growth of weeds
or grass has caused the property to become detrimental to the
health, benefit, and welfare of the public and the community or a
hazard to traffic, or creates a fire hazard to the danger of
property;
4. Upon a finding that the condition of the property
constitutes a detriment or hazard, and that the property would be
benefited by the removal of such conditions, the agents of the
municipality are granted the right of entry on the property for the
removal of trash, mowing of weeds or grass, and performance of the
necessary duties as a governmental function of the municipality.
Immediately following the cleaning or mowing of the property, the
municipal 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 the property for
the cleaning or mowing costs;
5. The governing body shall determine the actual cost of such
cleaning and mowing and any other expenses as may be necessary in
connection therewith, including the cost of notice and mailing. The
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municipal clerk shall forward by mail to the property owner and
lienholder of record specified in paragraph 1 of this subsection a
statement of such actual cost and demanding payment. If the
cleaning and mowing are done by the municipality, the cost to the
property owner and lienholder of record for the cleaning and mowing
shall not exceed the actual cost of the labor, maintenance, and
equipment required. If the cleaning and mowing are done on a
private contract basis, the contract shall be awarded to the lowest
and best bidder;
6. If payment is not made within thirty (30) days from the date
of the mailing of the statement, then within the next thirty (30)
days, the municipal 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 the same shall be levied on the property
and collected by the county treasurer as other taxes authorized by
law. The municipal clerk shall forward a copy of this statement by
mail to any lienholder of record and shall obtain a receipt of
mailing from the postal service, with a receipt that indicates the
date of mailing and the name and address of the mailee. Once
certified by the county treasurer, payment may only be made to the
county treasurer except as otherwise provided for in this section.
In addition the cost and the interest thereon shall be a lien
against the property from the date the cost is certified to the
county treasurer, coequal with the lien of ad valorem taxes and all
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other taxes and special assessments and prior and superior to all
other titles and liens against the property, and the lien shall
continue until the cost shall be fully paid. At the time of
collection the county treasurer shall collect a fee of Five Dollars
($5.00) for each parcel of property. The fee shall be deposited to
the credit of the general fund of the county. If the county
treasurer and the municipality agree that the county treasurer is
unable to collect the assessment, the municipality may pursue a
civil remedy for collection of the amount owing and interest thereon
by an action in person against the property owner and an action in
rem to foreclose its lien against the property. A mineral interest,
if severed from the surface interest and not owned by the surface
owner, shall not be subject to any tax or judgment lien created
pursuant to this section. Upon receiving payment, if any, the
municipal clerk shall forward to the county treasurer a notice of
such payment and directing discharge of the lien; and
7. The municipality may designate by ordinance an
administrative officer or administrative body to carry out the
duties of the governing body in subsection A of this section. The
property owner shall have a right of appeal to the municipal
governing body from any order of the administrative officer or
administrative body. Such appeal shall be taken by filing written
notice of appeal with the municipal clerk within ten (10) days after
the administrative order is rendered.
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B. If a notice is given by a municipal governing body to a
property owner and lienholder of record ordering the property within
the municipal limits to be cleaned of trash and weeds or grass to be
cut or mowed in accordance with the procedures provided for in
subsection A of this section, any subsequent accumulations of trash
or 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
and lienholder of record. At the time of each such summary
abatement the municipality shall notify the property owner and
lienholder of record of the abatement and the costs thereof. The
notice shall state that the property owner may request a hearing
within ten (10) days after the date of mailing the notice. The
notice and hearing shall be as provided for in subsection A of this
section. Unless otherwise determined at the hearing the cost of
such abatement shall be determined and collected as provided for in
paragraphs 5 and 6 of subsection A of this section. This subsection
shall not apply if the records of the county clerk show that the
property was transferred after notice was given pursuant to
subsection A of this section.
C. The municipal governing body may enact ordinances to
prohibit owners of property or persons otherwise in possession or
control located within the municipal limits from allowing trash to
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accumulate, or weeds to grow or stand upon the premises and may
impose penalties for violation of said ordinances.
D. As used in this section:
1. “Weed” includes but is not limited to poison ivy, poison
oak, or poison sumac and all vegetation at any state of maturity
which:
a. 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, 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.
The term “weed” shall not include tended crops on land zoned for
agricultural use which are planted more than one hundred fifty (150)
feet from a parcel zoned for other than agricultural use;
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2. “Trash” means any refuse, litter, ashes, leaves, debris,
paper, combustible materials, rubbish, offal, or waste, or matter of
any kind or form which is uncared for, discarded, or abandoned;
3. “Owner” means the owner of record as shown by the most
current tax rolls of the county treasurer; and
4. “Cleaning” means the removal of trash from property; and
5. “Lienholder of record” means a person holding a lien on a
property subject to municipal action as recorded on a deed or title
in county records.
E. The provisions of this section shall not apply to any
property zoned and used for agricultural purposes or to railroad
property under the jurisdiction of the Oklahoma Corporation
Commission. However, a municipal governing 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 (10) yards of, the public right-of-way at
intersections.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the Senate the 26th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives