The board of trustees may cause dilapidated buildings within the town limits to be torn down and removed in accordance with the following procedure:
A. Notice Of Dilapidated Condition: At least fifteen (15) days' notice shall be given to the owner of the property before the board of trustees takes action or holds a hearing. Notice shall be given by posting on the property and by certified mail, with return receipt requested, to the property owner 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. (1999 Code § 4-501)
B. Hearing To Determine Hazardous Condition: A hearing shall be held by the board of trustees 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. (1999 Code § 4-501; amd. 2004 Code)
C. Authority Of Town To Remove Hazard:
1. Upon a finding 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, the board of trustees may cause the dilapidated building to be torn down and removed and shall fix reasonable dates for the commencement and completion of the work.
2. The agents of Caddo are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the town if the work is not performed by the property owner within dates fixed by the board of trustees.
D. Notice Of Hearing Results To County: The town clerk-treasurer shall immediately file a notice of dilapidation and lien with the county clerk describing the property, the findings of the town at the hearing, and stating that the town 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 the notice.
E. Costs To Owner: The board of trustees shall determine the actual costs of the dismantling and removal of dilapidated buildings, and any other expenses as may be necessary in conjunction therewith, including the cost of notice and mailing. The town clerk-treasurer shall forward a statement of such actual cost and demand for payment by certified mail, with return receipt requested, to the property owner, and by mailing a notice to any mortgage holder at the addresses named in subsection A of this section. If dismantling and removal of dilapidated buildings is done by the town, the cost to the property owner shall not exceed the actual cost of the labor, maintenance and equipment required for dismantling and removal of dilapidated buildings. If dismantling and removal of dilapidated buildings is done on a private contract basis, it shall be awarded to the lowest and best bidder.
F. Costs A Lien: If payment is not made within six (6) months from the date of the mailing of the statement, the town clerk- treasurer shall forward a certified statement of the amount of the costs to the county treasurer, and the same shall be levied on the property and collected by the county treasurer as other taxes authorized by law. 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.
(1999 Code § 4-501)