A. Findings And Purpose: It is the finding of the city of Drumright that neglected/vacant buildings and residential structures are unsightly, unsafe, and have a negative effect on the community. The purpose of this chapter is to protect the health, safety, morals and welfare of the citizens of Drumright by establishing a program for emergency response to neglected/vacant buildings.
B. Definitions: Unless otherwise expressly stated, the following terms will, for the purpose of this chapter, have the meanings indicated in this section:
EMERGENCY: That the condition of a building, structure, or any part thereof is an imminent, immediate, and substantial danger to the health or safety of occupants, emergency responders, and/or the general public. Such conditions include, but are not limited to, fire hazards; failing or dilapidated buildings, structures, or any part thereof; loss of significant water, heat, or ventilation; or lack of sanitary conditions.
ENFORCEMENT OFFICER: Any duly authorized city of Drumright employee of the code enforcement department, the Drumright fire department, or the Drumright police department.
NEGLECTED/VACANT BUILDING/RESIDENTIAL STRUCTURE: A building, regardless of the use, the square footage or the presence of more than one living unit, a portion of a building, residential structure, or a structure which is any one or more of the following:
1. Unoccupied and unsecured;
2. Unoccupied and secured by other than normal means;
3. Unoccupied and an unsafe building or residential structure with suspected code violations as determined by an enforcement officer;
4. Unoccupied and an enforcement officer has issued an order to correct code violations;
Exemptions: For the purposes of this chapter, only the following properties are exempt:
1. All properties owned by the federal government, the state of Oklahoma, and all political subdivisions thereof.
OWNER: The person, persons, or entity shown to be the owner or owners of record as listed by the current year's tax rolls of the Creek or Payne County treasurers; those identified as the owner or owners on a vacant buildings and residential structures registration form; a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, administrator, trustee, or lessee; or other person, firm, or corporation in control of the premises. Any such person or entity will have joint and several obligations for compliance with the provisions of this chapter.
SECURED BY OTHER THAN NORMAL MEANS: That condition when a building or residential structure is secured by means other than those used in the design and approved plans for the building.
UNOCCUPIED: That condition when a building or residential structure or a portion thereof lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings or residential structures ordered vacated by an enforcement officer. In determining whether a building or residential structure is unoccupied, the enforcement officer may consider these factors, among others:
1. Whether lawful residential or business activity has ceased;
2. The percentage of the overall square footage of the occupied to unoccupied space or the overall number of occupied and unoccupied units and their proximity to each other;
3. The building or residential structure is substantially devoid of contents or the fixtures or personal property located in the building or residential structure are of a minimal value;
4. The building or residential structure lacks utility services;
5. The building or residential structure is the subject of a foreclosure action;
6. Duration of vacancy; and/or
7. The presence or reoccurrence of code violations.
UNSECURED: That condition when a building or residential structure or portion of a building or residential structure is open to entry by unauthorized persons without the use of tools or ladders.
C. Declaration And Response:
1. The city commission of the city of Drumright may declare a property neglected or vacant if it meets the criteria of the definition of "neglected/vacant building/residential structure" of this section.
a. A property owner has the right to address the city commission at this hearing, and may call witnesses and/or provide written documentation for the commission to consider.
b. If the property owner is not present, the city manager will send the property owner a copy of the city commission's decision within seven (7) days to the owner's address as shown at the county assessor's office.
2. Once the city commission declares a property neglected or vacant, the city of Drumright may charge a property owner thirty dollars ($30.00) per hour, per officer who responds to a fire or to criminal activity.
a. In case of a fire or criminal activity at a location, the city manager will send the property owner a bill within fifteen (15) days to the owner's address as shown at the county assessor's office.
b. A property owner has the right to appeal this charge to the city manager. The city manager may affirm or relieve the charge.
c. If the city manager affirms the charge, a property owner has the right to appeal to the city commission. The city commission's decision shall be final. (Ord. 315, 3-9-2015)