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Weed Ordinances and AG Property Rezoned for Residential Development

JM
Jon Miller
Mon, Jun 23, 2025 10:13 PM

Counselors:

How does your city handle a large property that was historically AG but is rezoned for residential development but, for various reasons, the development never takes off.  The condition of the property remains as it was when zoned AG, but an adjoining property owner whose tract abuts the formerly AG tract wants the developer to mow the entire property to a residential standard. How have your cities dealt with this issue.  Enforce compliance with the grass height ordinance and tell the developer it was their choice to rezone?  Work out some agreement for less than full compliance?  If less then full compliance, how do you respond to the neighbor who suggests the city is not enforcing the mowing ordinance equally?  Would appreciate learning from your experiences.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Counselors: How does your city handle a large property that was historically AG but is rezoned for residential development but, for various reasons, the development never takes off. The condition of the property remains as it was when zoned AG, but an adjoining property owner whose tract abuts the formerly AG tract wants the developer to mow the entire property to a residential standard. How have your cities dealt with this issue. Enforce compliance with the grass height ordinance and tell the developer it was their choice to rezone? Work out some agreement for less than full compliance? If less then full compliance, how do you respond to the neighbor who suggests the city is not enforcing the mowing ordinance equally? Would appreciate learning from your experiences. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.
PB
Patrick Boulden
Tue, Jun 24, 2025 6:05 AM

Here's a couple of off-the-wall thoughts:

The City should just initiate a rezoning back to AG finding that the residential rezoning was improvidently granted; or
*
Under your ordinances, could this be considered a lawfully non-conforming AG use, not subject to the high grass and weeds violations?

Patrick

Patrick T. Boulden
Interim Coweta City Attorney
patickbouldenlaw@gmail.com
(918) 284-1417


From: Jon Miller via Oama oama@lists.imla.org
Sent: Monday, June 23, 2025 5:13 PM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Weed Ordinances and AG Property Rezoned for Residential Development

Counselors:

How does your city handle a large property that was historically AG but is rezoned for residential development but, for various reasons, the development never takes off.  The condition of the property remains as it was when zoned AG, but an adjoining property owner whose tract abuts the formerly AG tract wants the developer to mow the entire property to a residential standard. How have your cities dealt with this issue.  Enforce compliance with the grass height ordinance and tell the developer it was their choice to rezone?  Work out some agreement for less than full compliance?  If less then full compliance, how do you respond to the neighbor who suggests the city is not enforcing the mowing ordinance equally?  Would appreciate learning from your experiences.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Here's a couple of off-the-wall thoughts: * The City should just initiate a rezoning back to AG finding that the residential rezoning was improvidently granted; or * Under your ordinances, could this be considered a lawfully non-conforming AG use, not subject to the high grass and weeds violations? Patrick Patrick T. Boulden Interim Coweta City Attorney patickbouldenlaw@gmail.com (918) 284-1417 ________________________________ From: Jon Miller via Oama <oama@lists.imla.org> Sent: Monday, June 23, 2025 5:13 PM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Weed Ordinances and AG Property Rezoned for Residential Development Counselors: How does your city handle a large property that was historically AG but is rezoned for residential development but, for various reasons, the development never takes off. The condition of the property remains as it was when zoned AG, but an adjoining property owner whose tract abuts the formerly AG tract wants the developer to mow the entire property to a residential standard. How have your cities dealt with this issue. Enforce compliance with the grass height ordinance and tell the developer it was their choice to rezone? Work out some agreement for less than full compliance? If less then full compliance, how do you respond to the neighbor who suggests the city is not enforcing the mowing ordinance equally? Would appreciate learning from your experiences. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.
JM
Jon Miller
Tue, Jun 24, 2025 12:40 PM

Thanks, Patrick.  Really creative thoughts.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

From: Patrick Boulden patrickbouldenlaw@gmail.com
Sent: Tuesday, June 24, 2025 1:05 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org; Jon Miller JMiller@cityofmustang.org
Subject: Re: Weed Ordinances and AG Property Rezoned for Residential Development

Here's a couple of off-the-wall thoughts:

  • The City should just initiate a rezoning back to AG finding that the residential rezoning was improvidently granted; or

  • Under your ordinances, could this be considered a lawfully non-conforming AG use, not subject to the high grass and weeds violations?

Patrick

Patrick T. Boulden
Interim Coweta City Attorney
patickbouldenlaw@gmail.commailto:patickbouldenlaw@gmail.com
(918) 284-1417


From: Jon Miller via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Monday, June 23, 2025 5:13 PM
To: oama (oama@lists.imla.orgmailto:oama@lists.imla.org) <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Weed Ordinances and AG Property Rezoned for Residential Development

Counselors:

How does your city handle a large property that was historically AG but is rezoned for residential development but, for various reasons, the development never takes off.  The condition of the property remains as it was when zoned AG, but an adjoining property owner whose tract abuts the formerly AG tract wants the developer to mow the entire property to a residential standard. How have your cities dealt with this issue.  Enforce compliance with the grass height ordinance and tell the developer it was their choice to rezone?  Work out some agreement for less than full compliance?  If less then full compliance, how do you respond to the neighbor who suggests the city is not enforcing the mowing ordinance equally?  Would appreciate learning from your experiences.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Thanks, Patrick. Really creative thoughts. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments. From: Patrick Boulden <patrickbouldenlaw@gmail.com> Sent: Tuesday, June 24, 2025 1:05 AM To: oama (oama@lists.imla.org) <oama@lists.imla.org>; Jon Miller <JMiller@cityofmustang.org> Subject: Re: Weed Ordinances and AG Property Rezoned for Residential Development Here's a couple of off-the-wall thoughts: * The City should just initiate a rezoning back to AG finding that the residential rezoning was improvidently granted; or * Under your ordinances, could this be considered a lawfully non-conforming AG use, not subject to the high grass and weeds violations? Patrick Patrick T. Boulden Interim Coweta City Attorney patickbouldenlaw@gmail.com<mailto:patickbouldenlaw@gmail.com> (918) 284-1417 ________________________________ From: Jon Miller via Oama <oama@lists.imla.org<mailto:oama@lists.imla.org>> Sent: Monday, June 23, 2025 5:13 PM To: oama (oama@lists.imla.org<mailto:oama@lists.imla.org>) <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Weed Ordinances and AG Property Rezoned for Residential Development Counselors: How does your city handle a large property that was historically AG but is rezoned for residential development but, for various reasons, the development never takes off. The condition of the property remains as it was when zoned AG, but an adjoining property owner whose tract abuts the formerly AG tract wants the developer to mow the entire property to a residential standard. How have your cities dealt with this issue. Enforce compliance with the grass height ordinance and tell the developer it was their choice to rezone? Work out some agreement for less than full compliance? If less then full compliance, how do you respond to the neighbor who suggests the city is not enforcing the mowing ordinance equally? Would appreciate learning from your experiences. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.