In addition to procedures outlined in this code, the City Council may cause dilapidated buildings within the city limits to be torn down and removed, or boarded or secured, in accordance with the following procedure.
(A) At least ten days’ notice shall be given to the owner of the property before the city takes action or holds a hearing as provided herein. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year’s tax rolls in the office of the County Treasurer. 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. At the time of mailing of notice 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. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication, as defined by 11 O.S. § 1-102. The notice may be published once not less than ten days prior to any hearing or action to be taken pursuant to this section.
(B) The owner of the property may give his or her written consent to the city authorizing the removal, tearing down, dismantling, or the boarding and securing of a building and to the payment of any costs incurred thereby. By giving the written consent, the owner waives his or her right to a hearing by the City Council.
(C) If the property owner does not give his or her written consent to such actions, a hearing shall be held by the City Council 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 or needs to be boarded and secured.
(D) Pursuant to a finding that the condition of the property constitutes a detriment or a hazard and that the property would be benefitted by the removal of such conditions or by its boarding and securing, the City Council may cause the dilapidated building to be torn down and removed, or boarded and secured, and shall fix reasonable dates for the commencement and completion of the work. The City Clerk shall immediately file a notice of dilapidation or unsecured building 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, boarding, and securing costs, and that such costs are the personal obligation of the property owner from and after the date of filing of the notice. The hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of the building held pursuant to this chapter. In making a determination to board and secure a building, the Council may order the boarding and securing when the boarding and securing would make such building less available for transient occupation, decrease a fire hazard created by such building, or decrease the hazard that such building would constitute an attractive nuisance to children. 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 Council.
(E) The Council shall determine the actual cost of the dismantling and removal of dilapidated buildings, or the boarding and securing, and any other expenses as may be necessary in conjunction therewith, including the cost of notice and mailing. The City Clerk shall forward a statement of such actual cost attributable to the dismantling and removal or boarding and securing and a demand for payment by mail to the property owner at the address specified in this section. In addition, a copy of the statement shall be mailed to any mortgage holder at the address specified in this section. 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, or boards or secures a building, 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 or boarding and securing is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(F) When payment is made to the city for costs incurred, the city shall file a release of lien or part thereof. But if payment is not made within six months from the date of the mailing of the statement, 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. Upon receiving payment, the City Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien or part thereof.
(G) The city may designate an administrative officer or administrative body to carry out the duties of the Council specified in this section. The property owner shall have a right of appeal to the Council from any order of the administrative officer or administrative body. The appeal shall be filed in writing with the City Clerk within ten days after the administrative order is rendered.
(H) The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
(I) Nothing in this section shall prevent the city from otherwise abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the public health, safety, or welfare.
(J) The officers, employees, or agents of the city shall not be liable for any damages or loss of property due to the removal of dilapidated buildings performed pursuant to the provisions of this chapter or as otherwise prescribed by law.
(K) If the City Council anticipates the need to board and secure a building as provided in this section, the notice shall state that any subsequent need for boarding and securing the building within a six-month period after the initial boarding and securing of the building pursuant to such notice may be summarily boarded and secured by the city; that the costs of such boarding and securing shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner or mortgage holder.
(L) If City Council causes a structure within the city limits to be boarded and secured, any subsequent need for boarding and securing within a six-month period constitutes a public nuisance and may be summarily boarded and secured without further prior notice to the property owner or mortgage holder. At the time of each such summary boarding and securing, the city shall notify the property owner and mortgage holder of the boarding and securing and the costs thereof. The notice shall state that the property owner may request an appeal with the City Clerk within ten days after the mailing of the notice. The notice and hearing shall be as provided for in this section. Unless otherwise determined at the hearing, the cost of such boarding and securing shall be determined and collected as provided for in this section.
(M) The City Council may determine that a building is unsecured and order that such building be boarded and secured in the manner provided for in this section even though such building has not been declared by the Council to be dilapidated.
(Prior Code, § 95.16)
Cross-reference:
Building regulations, see Chapter 150