A. Removal Procedure: The City Manager or his designee of the City may cause dilapidated buildings within the City limits to be torn down and removed in accordance with the following procedure:
1. Notice: At least thirty (30) calendar days' notice that a building is to be torn down or removed shall be given to the owner of the property before the hearing provided for herein may be held. A copy of the notice shall be posted on the property to be affected. In addition, a copy of said notice shall be sent by certified 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 in 11 Oklahoma Statutes section 1-102. Such notice may be published once not less than thirty (30) calendar days prior to any hearing or action to be taken pursuant to the provisions of this section.
2. Hearing: A hearing shall be held by the City Manager or his designee to determine whether the property is dilapidated and has thereby become detrimental to the health, safety, and welfare of the general public and the community, or if said property creates a fire hazard which is dangerous to other property.
3. Declaration Of Dilapidation; Destruction; Lien: 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 City Manager or his designee may cause the dilapidated building to be torn down and removed, and shall fix reasonable dates for the commencement and completion of the work. The City Clerk shall immediately file a notice of dilapidation and lien with the County Clerk describing the property, the findings of the City Manager or his designee at the hearing, and stating that the City claims a lien in said 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 of said notice. 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 City Manager or his designee.
4. Right Of Appeal: The property owner shall have the right of appeal to the City Council from any order of the City Manager or his designee made under this section. Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten (10) days after the administrative order is rendered. The decision of the City Council is final unless an action to challenge the order is filed within thirty (30) business days from the date of the order.
5. Mailing Statement Of Costs To Owner: The City Manager or his designee shall determine the actual cost of the dismantling and removal of dilapidated buildings, and any other expenses as may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The City Clerk shall forward a statement of such actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs by mail to the property owner, and by mailing a copy of said statement to any mortgage holder, at the addresses named in subsection A1 of 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 dismantling and removal of dilapidated buildings is done by the City, 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.
6. Payment; Release Of Lien: When payment is made to the City for costs incurred, the City Clerk shall file a release of lien, but if payments attributable to the actual cost of the dismantling and removal of the buildings is not made within six (6) months from the date of the mailing of the statement to the owner of such property, 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. Once certified to the County Treasurer, payment may only be made to the County Treasurer except as otherwise provided for in this section. The costs shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the County Clerk. In addition the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the County Clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At the time of collection, the County Treasurer shall collect a fee of five dollars ($5.00) 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 a 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, the Municipal Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
B. Exception: The provisions of this chapter shall not apply to any property zoned and used for agricultural purposes.
(Ord. 19-6-1, 6-3-2019; amd. Ord. 19-09-01, 9-9-2019)