The Town Administrative Officer may cause an unsecured building to be boarded and secured in accordance with the following procedures:
(A) Notice to property owner. Before the Town Administrative Officer orders such action, at least ten days’ notice that such unsecured building is to be boarded and secured shall be given by mail to any property owners and mortgage holders as provided in §§ 92.01 through 92.04. 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. A copy of the notice shall also be posted on the property to be affected. 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. Such notice shall be published one time, not less than ten days prior to any hearing or action by the town pursuant to the provisions of this section. If the Administrative Officer anticipates summary abatement of a nuisance in accordance with the provisions of division (I) below, 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 Administrative Officer; 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.
(B) Written consent of property owner. The owner of the property may give written consent to the town authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving written consent, the owner waives any right the owner has to a hearing by the Town Administrative Officer.
(C) Hearing. If the property owner does not give written consent to such actions, a hearing may be held by the Town Administrative Officer to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare. Such 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 such unsecured building held pursuant to the provisions of § 90.34. In making such determination, the Administrative Officer shall apply the following standard: the Administrative Officer may order the boarding and securing of the unsecured building when the boarding and securing thereof 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. Upon making the required determination, the Administrative Officer may order the boarding and securing of the unsecured building.
(D) Filing notice of lien with county. After the Town Administrative Officer orders the boarding and securing of such unsecured building, the Town Clerk-Treasurer shall immediately file a notice of unsecured building and lien with the County Clerk describing the property, stating the findings of the town at the hearing at which such building was determined to be unsecured, and stating that the town claims a lien on the property for the costs of boarding and securing such building, and that such costs are the personal obligation of the property owner from and after the date of filing the notice.
(E) Right of entry. Pursuant to the order of the Town Administrative Officer, the agents of the town are granted the right of entry on the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as a governmental function of the town.
(F) Determination of cost; rendering statement. After an unsecured building has been boarded and secured, the Town Administrative Officer shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith including the cost of the notice and mailing. The Town Clerk-Treasurer shall forward a statement of the actual costs attributable to the boarding and securing of the unsecured building and a demand for payment of such costs, by mail to any property owners and mortgage holders as provided in § 92.03. 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 boards and secures any unsecured building, the cost to the property owner shall not exceed the actual cost of the labor, materials and equipment required for the performance of such actions; provided, that such cost does not exceed $1,000. If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(G) Payment and collection of costs. 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 costs of the boarding and securing of the unsecured building is not made within 30 days 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 costs 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. At the time of collection, the County Treasurer shall collect a fee of $5 for each parcel of property, and such fee shall be deposited to the General Fund of the county. The costs shall be levied on the property and collected by the County Treasurer as are other taxes authorized by law. Until fully paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the notice of unsecured building and lien is filed with the County Clerk. In addition, the costs 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 costs and interest are fully paid. 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 by 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 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.
(H) Right of appeal. The property owner or mortgage holder shall have a right of appeal to the Town Administrative Officer, or if the order is rendered by the Town 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.
(I) Summary abatement. If the Town Administrative Officer causes a structure within the town 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 town 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 Town Clerk-Treasurer within ten days after the mailing of the notice. The notice and hearing shall be as provided for in division (A) above. Unless otherwise determined at the hearing, the cost of such boarding and securing shall be determined and collected as provided for in divisions (F) and (G) above.
(J) Authority to order boarding and securing. The Town Administrative Officer 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 Town Administrative Officer, to be dilapidated.
(K) Exception. The provisions of this subchapter shall not apply to any property zoned and used for agricultural purposes.
(Prior Code, § 4-4B-3)
Statutory reference:
Similar provisions, see 11 O.S. § 22-112.1