Closures Sidewalks & Trees

11-36-104, §11-36-105 and §11-36-106

This page simplifies descriptions of the original state statutes. Do not use this interpretted information for legal reference–use the original language in the statutes.

This page provides a layman’s guide to understanding the statutes listed in the title. These are Oklahoma State Statutes. The text has been rewritten as “Sallisaw.” Sallisaw ordinances may differ slightly from these state statutes and summaries written here.

There are three main points in this rewritten text:
    1. **Emergency Sidewalk Repairs**

This section discusses how Sallisaw can declare an emergency for sidewalk repairs, the notice to property owners, and the process for completing the repairs if the owner does not act.

    1. **Granting the Right to Close, Alter, or Appropriate Roads or Streets**:

This part explains how Sallisaw can grant rights to the federal government or other districts to close or alter roads for public projects and the authority given to the mayor or chief official for related contracts.

    1. **Title to Trees, Shrubbery, and Parking Abutting Streets**

This section outlines the rights of property owners concerning trees and shrubs in front of their property, their ability to seek damages, and Sallisaw’s authority to regulate maintenance to ensure public safety. Each of these points covers distinct aspects of municipal regulations and property owner rights related to sidewalks, streets, and landscaping.

**Emergency Sidewalk Repairs – How They Are Made and Notice to Owner**

When Sallisaw decides that it is necessary to repair any sidewalk for public safety, it can declare an emergency. This declaration will allow the repairs to be made immediately. After Sallisaw adopts the resolution, they will give notice to the owner or occupant of the property. This notice will direct them to make the repairs within three days of receiving it. If the owner or occupant cannot be found, the notice can be served by posting a copy on the property where the sidewalk repairs are needed. (“Oklahoma Statutes §11-36-104 (2023) – Justia Law”) The notice specifies that if the repairs are not completed within three days, Sallisaw may proceed to repair the sidewalk or hire someone to do it without needing to advertise for bids. The cost of these repairs will then be charged to the property owner. This will be done according to the process established for sidewalk improvements. If the amount due is ten dollars ($10.00) or less, it must be paid in one installment at the next tax-paying period after the amount is certified.

**Granting the Right to Close, Alter, or Appropriate Roads or Streets for Certain Purposes**

Sallisaw may grant the United States government, or any irrigation or conservancy district, the right to close or alter municipal roads or streets. (“Okla. Stat. tit. 11 § 36-105 – Casetext”) This can be done when it is necessary for construction or maintenance of public projects, such as irrigation or flood control. Sallisaw can decide on the terms and conditions for this right. Sallisaw may also authorize the mayor or chief official to sign any contracts, deeds, or other documents needed for the execution of these rights.

**Title to Trees, Shrubbery, and Parking Abutting Streets – Injury and Powers of Municipality**

Property owners whose real estate is next to public streets and avenues have certain rights. They own the trees and ornamental shrubbery that are planted in front of their property, as long as they are within the boundary of the streets. If someone damages or destroys these trees or shrubbery, the owners can recover damages. Abutting property owners also have the right to take legal action to prevent wrongful injury or destruction of their trees and shrubbery. However, trimming these plants for utility maintenance does not count as wrongful injury. Sallisaw has the right to supervise its streets. They can also create rules about how trees and shrubs should be planted and cared for to ensure they do not interfere with public use of the streets and sidewalks.

The laws pertaining to the text include provisions from the Oklahoma Statutes – Title 11, specifically Laws 1977, c. 256, § 36-104, which addresses emergency sidewalk repairs and the process for notifying property owners; § 36-105, which grants Sallisaw the authority to close, alter, or appropriate municipal roads or streets for public projects with the proper approvals; and § 36-106, which outlines the rights of property owners regarding trees and shrubbery abutting public streets, allowing them to seek damages for wrongful injury while maintaining Sallisaw’s supervisory authority over street maintenance and landscaping.

Special Definitions
    1. **Notice to Owner**:

In the context of the text, a Notice to Owner refers to a formal communication delivered to the property owner or occupant by the municipal governing body (Sallisaw). This notice informs them of the need to repair a sidewalk in front of their property due to safety concerns. The notice specifies the timeline in which these repairs must be completed, typically within three days, and outlines the consequences if the owner fails to act.

    1. **Assessment**:

In this context, Assessment refers to the process by which the municipality calculates the costs incurred for sidewalk repairs that are performed when a property owner does not address required repairs. This cost is then charged to the property owner and added to their taxes. The assessment outlines how the financial responsibility for such repairs is legally placed on the owner of the abutting property, ensuring that they cover the expenses related to the maintenance of public sidewalks.

    1. **Public Safety**:

Public Safety in this context refers to the obligation of the municipality to ensure that sidewalks and public streets are safe for use by pedestrians and the general public. The term underscores the necessity for prompt repairs and maintenance of sidewalks to prevent accidents or injuries. When Sallisaw declares the need for emergency repairs, it is acting to protect the health and well-being of its residents and visitors from potential hazards