8-303: CONDEMNATION, BOARDING AND SECURING OF DILAPIDATED BUILDINGS, NOTICE, REMOVAL, LIEN, PAYMENT 1 :

   A.   The administrative officer may cause dilapidated buildings within the town limits to be torn down and removed, or boarded or secured, in accordance with the following procedure:

      1.   At least fifteen (15) days' notice shall be given to the owner of the property before the town takes action or holds a hearing as provided herein. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last known address of the mortgagee. At the time of mailing of notice to any property owner or mortgage holder, the town 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. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication, as defined by 11 Oklahoma Statutes section 1-102. Such notice may be published once not less than fifteen (15) days prior to any hearing or action to be taken pursuant to this section;

      2.   A hearing shall be held by the administrative officer to determine whether the property is dilapidated and has thereby become detrimental to the health, benefit and welfare of the public and the community, or creates a fire hazard to the danger of property, or needs to be boarded and secured;

      3.   If the administrative officer finds that the condition of the property constitutes a detriment or a hazard, and that the property would be benefited by the removal of such conditions, or by its boarding and securing, the administrative officer may cause the dilapidated building to be torn down and removed, or boarded and secured, and shall fix reasonable dates for the commencement and completion of the work. The town clerk shall immediately file a notice of lien with the county clerk describing the property, the findings of the administrative officer at the hearing, and stating that the town claims a lien on the property for the destruction and removal, boarding and securing costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice;

      4.   The property owner shall have a right of appeal to the town administrative officer, or if the order is rendered by the town administrative officer, then the right to appeal is to the town board of trustees. The appeal shall be filed in writing with the town clerk within ten (10) days after the administrative order is rendered;

      5.   If the work is not performed by the property owner within the dates fixed by the administrative officer, the administrative officer shall direct the tearing down and removal, or boarding and securing, be done by one of the following methods: (1998 Code)

         a.   By the town for the actual costs of such actions and any other expenses that may be necessary in conjunction therewith including the cost of the notice and mailing. (Ord. 2009-4, 7-13-2009)

         b.   On a private contract basis, in which case it shall be awarded to the lowest and best bidder;

      6.   After the building has been torn down and removed, or boarded and secured, the administrative officer shall determine the actual cost of the dismantling and removal of dilapidated buildings, or the boarding and securing, and any other expenses as may be necessary in conjunction therewith, including the cost of notice and mailing. The town clerk shall forward a statement of such actual cost attributable to the dismantling and removal or boarding and securing and a demand for payment by mail to the property owner at the address specified in this section. In addition, a copy of the statement shall be mailed to any mortgage holder at the address specified in this section. At the time of mailing of the statement of costs to any property owner or mortgage holder, the town 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;

      7.   If payment is not made within six (6) months from the date of the mailing of the statement, the town 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. The town shall have a lien on the property for such costs, together with interest thereon, and the lien shall continue until the cost shall be fully paid;

      8.   When payment is made to the town for costs incurred, the town shall file a release of lien or part thereof; and

      9.   The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

   B.   Nothing in this section shall prevent the town from otherwise abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the public health, safety or welfare. (1998 Code)

 

Notes

1	2. 11 OS § 22-112.