The Town Administrative Officer may cause dilapidated buildings within the town limits to be torn down and removed in accordance with the following procedures:
(A) Notice to property owner. At least ten days’ notice that a building is to be torn down or removed shall be given to the owner of the property before the Town Administrative Officer holds a hearing. 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 town 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 O.S. § 1-102. The notice may be published once not less than ten days prior to any hearing or action by the town pursuant to the provisions of this section.
(B) Hearing. A hearing shall be held by the Town Administrative Officer to determine if the property is dilapidated and has become detrimental to the health, safety or welfare of the general public and the community, or if the property creates a fire hazard which is dangerous to other property.
(C) Abatement by town; cost a lien against property. Pursuant to 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 Town Administrative Officer may cause the dilapidated building to be torn down and removed. The Administrative Officer shall fix reasonable dates for the commencement and completion of the work. 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 of the notice. The agents of the town 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 Administrative Officer. Any action to challenge the order of the Administrative Officer shall be filed within 30 business days from the date of the order.
(D) Determination of cost. The Town Administrative Officer shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The Town Clerk-Treasurer shall forward a statement of the 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. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in division (A) above. At the time of mailing of the statement of costs to any property owner or mortgage holder, the town 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 town dismantles or removes any dilapidated buildings, 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 building; provided, that said cost does not exceed $1,000. If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(E) Payment of costs; lien; collection. When payment is made to the town for costs incurred, the Town Clerk-Treasurer shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six months from the date of the mailing of the statement to the owner of such property, the Town Clerk-Treasurer shall forward a certified statement of the amount of the cost to the County Treasurer. 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 $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 town agree that the County Treasurer is unable to collect the assessment, the town 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 Town Clerk-Treasurer shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
(F) Right to appeal. The property owner shall have the right of appeal to the Town Administrative Officer, or if the order is rendered by the Administrative Officer, then the right to appeal is to the Town Board of Trustees. Such appeal shall be taken by filing written notice of appeal with the Town Clerk-Treasurer within ten days after the administrative order is rendered.
(Prior Code, § 4-4A-3)
Statutory reference:
Similar provisions, see 11 O.S. § 22-112