(A) Whenever the Code Enforcement Officer shall be of the opinion that any building or structure in the city is a dangerous building, he or she shall issue a written notice to all property owners, lienholders, or registered agents, stating the building has been declared to be in a dangerous condition; that the owner, lienholder, and/or mortgagee may appear at a public hearing before the Board of Commissioners to determine whether the building complies with the standards set out in this subchapter; and that the owner, lienholder, and/or mortgagee will be required to submit proof of the scope of any work that may be required to comply with this subchapter and the time it will take to reasonably perform the work.
(B) The Code Enforcement Officer will search the following records to determine the identity and address of each property owner, lienholder, or registered agent:
(1) County real property records;
(2) County appraisal district records;
(3) Records of the Secretary of State if the property owner, lienholder, or registered agent is a corporation, partnership, or other business association;
(4) County assumed name records;
(5) City tax records; and
(6) City utility records.
(C) The notice will be sent to the record owners of the affected property, and each holder of recorded lien against the affected property, as shown by the records in the office of the County Clerk of the county in which the affected property is located, if the address of the lienholder can be ascertained from the deed of trust establishing the lien or other applicable instruments on file in the office of the County Clerk;
(D) The notice will be given as follows:
(1) By personal delivery, by certified mail with return receipt requested, or by delivery by the United States Postal Service using signature confirmation service to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office of the County Clerk if the address of the lien holder can be ascertained;
(2) To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable; and
(3) By publication in a newspaper of general circulation in the municipality on one occasion on or before the tenth day before the date fixed for the hearing.
(E) The notice must be posted and either personally delivered or mailed on or before the tenth day before the date of the hearing before the commission panel, and must state the date, time, and place of the hearing.
(F) The notice must include a statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with this subchapter, and the time it will take to reasonably perform the work.
(G) The notice sent to the owner shall include the following statement: “According to the real property records of Wichita County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own the property described in this notice, even if you do not.”
(H) When the notice is mailed in accordance with this section to a property owner, lienholder, or registered agent, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.
(Ord. 910, passed 12-19-16)