(A) Upon violation of this subchapter, at least ten days notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the County Treasurer's office before the Code Enforcement Department takes action. The notice shall order the property owner to correct the violation as appropriate, and the notice shall further state that unless such work is performed within ten days of the date of the notice the work shall be done by the municipality and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing the municipality. At the time of mailing of notice to the property owner, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of mailee. However, if the property owner cannot be located within ten days from the date of mailing by the municipal governing body, notice may be given by posting a copy of the notice on the property or by publication, as defined in 11 O.S. §1-102, one time not less than ten days prior to any action by the municipality. If the Code Enforcement anticipates summary abatement of the violation in accordance with the provisions of this chapter, the notice, whether by certified mail, posting, shall state:
(1) That any repeat violations on the owner's property occurring within six months after the correcting of the violation on the property pursuant to such notice may be summarily abated by the municipality;
(2) That the costs of such abatement shall be assessed against the owner; and
(3) That a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.
(B) Upon a finding that the condition of the property constitutes a detriment or hazard and that the property would be benefited by the removal of such conditions, the agents of the municipality are granted the right of entry on the property for the correction of the violation(s), and performance of the necessary duties as a governmental function of the municipality. Immediately following the work performed on the property, the Municipal Clerk shall file a notice of lien with the County Clerk's office describing the property and the work performed by the municipality, and stating that the municipality claims a lien on the property for the cleaning or mowing costs.
(C) The municipality shall determine the actual cost of such work and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The Municipal Clerk shall forward by mail to the property owner specified in division (A) of this section a statement of such actual cost and demanding payment. If the cleaning and mowing are done by the municipality, the cost to the property owner for the cleaning and mowing shall not exceed the actual cost of the labor, maintenance and equipment required. If the cleaning and mowing are done on private contract basis, the contract shall be awarded to the lowest and best bidder.
(D) If payment is not made within 30 days from the date of the mailing of the statement, the Municipal Clerk shall forward a certified statement of the amount of the cost to the County Treasurer 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 by this subchapter. Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the County Treasurer. 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 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 municipality agree that the County Treasurer is unable to collect the assessment, the municipality may pursue any 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, if any, the Municipal Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.
(Ord. 2008-4, passed 3-3-08)