(B) The order shall be in writing. It may be served in one of the following manners:
(1) Personally, on the owner or occupant of the premises or authorized agent thereof, by the City Inspector or a police officer;
(2) By certified mail to the last known address of the owner or his or her authorized agent;
(3) If the address of the owner or agent is unknown and the premises are unoccupied then:
(a) By posting a copy of the order on the premises; and
(b) By publication of the order in at least one issue of a newspaper having general circulation in the city.
(C) If the order is not complied with, the City Inspector shall give the owner of the property notice of a hearing and action by the City Council for the city.
(1) The notice of hearing shall be in writing and mailed to the owner of the property at the address shown by the current year's tax rolls in the County Treasurer's office. 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. Both notices shall state that the city may order the abatement of the nuisance at the hearing; 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. The notice shall also state that structures on the property may be determined to be dilapidated and an order issued to tear down or remove the structure may be issued. At the time of mailing of notice to the owner and mortgagee, the city 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 the owner's or mortgagee's address cannot be located, notice may be given by posting a copy of the notice on the property, or by publication in a newspaper of general circulation in the county. Publishing the notice by this manner is accomplished by publishing one day each week after the notice is issued and before the next regularly scheduled meeting for the City Council for the city. The hearing shall be set before the City Council at a regular scheduled meeting and the notice delivered to the owner shall be made at least 15 days prior to the hearing date.
(2) A hearing shall be held by the City Council to determine if the property has become detrimental to the health, safety, or welfare of the general public and the community, or if the property creates a fire hazard which is dangerous to other property.
(a) At the hearing, the owner may offer to transfer title of the property to the city in fee simple absolute, provided the real property is unmortgaged.
(b) The city may accept owner's offer to transfer title of the property and stay the hearing. The transfer of title shall be executed and filed with the County Clerk within 30 days. The hearing on the matter shall be continued to the next regularly scheduled meeting after the 30 day transfer of title deadline. If the transfer of property has not occurred, the city may lift the stay and proceed with the hearing.
(3) If the City Council makes a finding that the property constitutes a detriment or hazard and that the property would be benefitted by the removal of such conditions, the agents of the city are authorized to enter the property to abate the nuisance. Immediately following abatement, the City Clerk shall file a notice of lien with the County Clerk describing the property and the work performed by the city, and stating that the city claims a lien on the property for the abatement costs;
(4) The City Council shall determine the actual cost of abating the nuisance to include the cost of notice and mailing. The City Clerk shall forward by mail to the property owner, specified in division (C)(1), a statement of such actual cost and demanding payment. If the City Council elects to have city personnel abate the nuisance, the cost to the property owner for the abatement shall not exceed the actual cost of the labor, maintenance, and equipment required. If the abatement is done on a private contract basis, the contract shall be awarded to the lowest and best bidder;
(5) If payment is not made within 30 days from the date of the mailing of the statement, then within the next 30 days, the City 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. 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 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 $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 city agree that the County Treasurer is unable to collect the assessment, the city may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam 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 City Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.
(6) Pursuant to a finding by the City Council that the condition of the property constitutes a detriment or a hazard and that the property is a dilapidated building, the City Council may cause the dilapidated building to be torn down and removed. The City Council shall fix reasonable dates for the commencement and completion of the work. The City Clerk shall immediately file a notice of dilapidation and lien with the County Clerk describing the property, the findings of the city at the hearing, and stating that the city claims a lien on the property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice. The agents of the city are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the city if the work is not performed by the property owner within dates fixed by the governing body. Any action to challenge the order of the city governing body shall be filed in the District Court of Oklahoma County within 30 business days from the date of the order;
(7) The City Council shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The City Clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail to the property owner. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in division (C)(1). At the time of mailing of the statement of costs to any property owner or mortgage holder, the city 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. If the city dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance, and equipment required for the dismantling and removal of the dilapidated buildings. If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder; and
(8) When payment is made to the city for costs incurred, the City Clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six months from the date of the mailing of the statement to the owner of such property, the City 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. Once certified to the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided for in this section. The costs shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the County Clerk. In addition, the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the County Clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At the time of collection, the County Treasurer shall collect a fee of $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 city agree that the County Treasurer is unable to collect the assessment, the city may pursue a civil remedy for collection of the amount owing and interest thereon including an action in personam 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, the City Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
(Ord. 2005, passed 6-15-21)