Section
Condemnation and Removal
92.01 Definitions
92.02 Report of dilapidated building
92.03 Condemnation and removal; notice, hearing and costs
92.04 Clearing premises from which buildings removed
Boarding and Securing
92.15 Definitions
92.16 Authority
92.17 Procedures; notice, hearing and costs
Neglected Vacant Buildings Registry and Maintenance
92.30 Findings and purpose
92.31 Definitions
92.32 Registration and plan
92.33 Registration fees
92.34 Insurance
92.35 Maintenance
92.36 Request for exemption
92.37 Inspections
92.38 Annual reports
92.99 Penalty
CONDEMNATION AND REMOVAL
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DILAPIDATED BUILDING.
(1) A structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety or welfare of the general public;
(2) A structure which is unfit for human occupancy due to the lack of necessary repairs and is considered uninhabitable or is a hazard to the health, safety and welfare of the general public;
(3) A structure which is determined by the Town Board of Trustees or Town Administrative Officer to be an unsecured building, as defined in § 92.15, more than three times within any 12-month period;
(4) A structure which has been boarded and secured, as defined in this chapter, for more than 18 consecutive months; or
(5) A structure declared by the Town Board to constitute a public nuisance.
OWNER. The owner of record as shown by the most current tax rolls of the County Treasurer.
(Prior Code, § 4-4A-1)
Any officer or employee of the town who discovers or receives a report of a dilapidated building which has become detrimental to the health, benefit and welfare of the public and the community, or creates a fire hazard to the danger of property, shall report such conditions to the Town Administrative Officer.
(Prior Code, § 4-4A-2)
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
In all cases in which a house or building has been removed before the effective date hereof, or a house or building is torn down or demolished pursuant to order of the town, the State Fire or Building Official, or as provided in this subchapter, and in which: the premises have not been cleaned; the premises are cleaned and all lumber, brick, concrete, cement, plaster, nails, wire and other materials have not been removed; the materials have been removed but the cellar space and excavations have not been filled; a cistern or well has not been filled or safely and securely closed and all openings to sanitary sewer have not been plugged to meet the requirements of the Town Superintendent and securely closed; and the lot or lots have not been leveled and left entirely free from trash or the same be not immediately done, then the owner of the lot and the person, firm or corporation who tore down the house or building shall immediately comply with the provisions of this subchapter by having all of the requirements completed.
(Prior Code, § 4-4A-4)
BOARDING AND SECURING
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARDING AND SECURING or BOARDED AND SECURED. The closing, boarding or locking of any or all exterior openings so as to prevent entry into the structure.
UNFIT FOR HUMAN OCCUPANCY. A structure that, due to lack of necessary repairs, is considered uninhabitable and is a hazard to the health, safety and welfare of the general public.
UNSECURED BUILDING. Any structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways, or other similar unsecured openings which would facilitate an unauthorized entry into the structure.
(Prior Code, § 4-4B-1)
After a building has been declared dilapidated, as provided in §§ 92.01 through 92.04, and before the commencement of the tearing and removal of a dilapidated building, the Town Administrative Officer may authorize that such a building be boarded and secured. However, if the dilapidated building is vacant and unfit for human occupancy, the Administrative Officer may authorize the structure to be demolished pursuant to §§ 92.01 through 92.04.
(Prior Code, § 4-4B-2)
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
NEGLECTED VACANT BUILDINGS REGISTRY AND MAINTENANCE
(A) Findings. It is the finding of the town that neglected vacant buildings and residential structures are unsightly, unsafe and have a negative effect on the community. If left unoccupied and unmonitored, these buildings and residential structures will fall into a state of disrepair, become a haven for criminal activity and create a blight on the area.
(B) Purpose. The purpose of this subchapter is to protect the health, safety, morals and welfare of the citizens of the town by establishing a program for identifying and registering neglected vacant buildings and residential structures, to set forth the responsibilities of owners of such properties and to speed the rehabilitation or demolition of neglected vacant buildings and residential structures.
(Prior Code, § 4-5-1) (Ord. 182, passed 6-25-2012)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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; falling 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 town employee, the Town Fire Department’s office or the Town Police Department.
NEGLECTED VACANT BUILDING/RESIDENTIAL STRUCTURE.
(1) A building, regardless of the use, the square footage or the presence of more than one living unit, a portion of a building or residential structure, or a structure which is any one or more of the following:
(a) Unoccupied and unsecured;
(b) Unoccupied and secured by other than normal means;
(c) Unoccupied and an unsafe building or residential structure with suspected code violations as determined by an enforcement officer; and/or
(d) Unoccupied and an enforcement officer has issued an order to correct code violations.
(2) For the purpose of this definition, only the following properties are exempt:
(a) All properties owned by the federal government or the state, and all political subdivisions thereof; and
(b) All secondary residential structures, i.e., garage apartments and the like located on or contiguous to property with an occupied principal residence, as long as they do not violate this code, are secured and meet all applicable code requirements, are exempt from both the $50 annual registration fee and the $500 annual vacant buildings/structures fee.
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 County Treasurer; 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 shall have joint and several obligations for compliance with the provisions of this subchapter.
SECURED BY OTHER THAN NORMAL MEANS. The 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. The 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. The 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.
(Prior Code, § 4-5-2) (Ord. 182, passed 6-25-2012)
(A) Registration required; identifying structures; notice.
(1) The owner of a neglected vacant building or residential structure shall register with the town office no later than 30 days after any building or residential structure becomes a neglected vacant building/residential structure, as defined in § 92.31, or not later than 30 days after the date of mailing by an enforcement officer of notice of the requirement to register.
(2) An enforcement officer may identify neglected vacant buildings or residential structures through his or her routine inspection process as well as through notification by residents, neighborhood associations, community groups and others that a building or residential structure may be eligible for inclusion on the registry.
(3) Notice may be sent by first class mail to the owner at the address shown by the current year’s tax rolls in the County Treasurer’s office. At the time of mailing of the notice to the owner, 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 addressee. Notice will be deemed received by the owner or any other addressee, as the case may be, upon personal delivery or three days after the date the notice is placed in United States mail with proper postage. The town may also post notices on the subject property. However, the town’s failure to post notices will not constitute a defense to any enforcement proceeding or collection of fines.
(B) Failure of owner to register. If the owner fails to register the subject property within 30 days following the date of mailing of the notice required in division (A) above, the town may prepare and file in the office of the County Clerk a notice describing the property, the reason it is deemed a neglected vacant structure in accordance with this subchapter and placing the owner and his or her successors on notice of the requirement to comply with this subchapter.
(C) Information on registration. The registration shall be submitted on forms provided by the Town Clerk-Treasurer and shall include the following information:
(1) A description of the premises, i.e., square footage, number of stories, age of the building and most recent use of the building or residential structure;
(2) The names, addresses and telephone numbers of the owner or owners. If the owner is a corporation, limited liability company or partnership, the address for each director, manager, member or partner, as the case may be. The address must include a street address; post office box is not acceptable;
(3) The names and addresses of all known lienholders and all other parties with an ownership interest in the building. Each address must include a street address; a post office box is not acceptable.
(4) A name, address and telephone number of an authorized, responsible natural person (not a corporation, partnership or limited liability company) who is authorized to act for the owner and is a local resident who can be reached at all times during business and nonbusiness hours in case of an emergency. The address must include a street address; a post office box is not acceptable;
(5) A neglected vacant building or residential structure plan as described in division (D) below; and
(6) Insurance verifications per § 92.34.
(D) Plan required; proposals. The owner shall submit a neglected vacant building/residential structure plan which must meet the approval of the town office. The town office may consult with the Fire Department office, as the case may be, to determine the appropriate plan. The plan, at a minimum, must include one of the following proposals for the property:
(1) If the building or residential structure is to be demolished: a demolition plan indicating the proposed time frame for demolition;
(2) If the building or residential structure is to remain unoccupied: a plan for the securing of the building in accordance with standards approved by the town code enforcement officer, along with the procedure that will be used to maintain the property as code compliant, and a statement of the reason(s) why the building or residential structure should be left unoccupied;
(3) If the building or residential structure is to be returned to appropriate occupancy or use: rehabilitation plans for the building or residential structure. The rehabilitation plans shall not exceed 365 days from the date of submission and shall include progress benchmarks at least every four months, unless the code enforcement officer/office grants an extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation and all applicable building codes. The building must be secured in accordance with the requirements of this subchapter during the rehabilitation; or
(4) Should the owner elect the provisions of division (D)(2) above (structure to remain unoccupied) or division (D)(3) above (structure to be rehabilitated) then, in addition to the written plan, the owner must submit the insurance as described in § 92.34 or deposit with the town, to be held in escrow, an amount of cash sufficient to cover the costs of demolition of the subject structure in the event the owner fails to perform as promised in the plan.
(E) Plan approval notice to county. If the plan is approved, a written notice prepared by the Town Clerk-Treasurer shall be recorded in the office of the County Clerk containing information regarding the registration of the subject property pursuant to this subchapter and the plan selected by the owners.
(F) Compliance by owner. If the plan is approved, the owner shall comply with all applicable laws and codes. The owner shall notify the code enforcement officer/office of any changes in the plan at least 30 days prior to the change. If the plan or timetable for the vacant building/residential structure is revised in any way, the revisions must be in writing and must meet the approval of the enforcement officer.
(G) Keeping building secure, grounds maintained. The owner and any subsequent owner shall keep the building secured and safe and the building and grounds properly maintained as provided hereafter.
(H) Noncompliance; town authority. Failure of the owner or any subsequent owner to maintain the building or residential structure and premises as required herein will be grounds for the town to do any or all of the following:
(1) Cause the building or residential structure to comply with this subchapter and bill the costs of same to the owner as provided in § 92.35;
(2) Revoke the rehabilitation plans; and
(3) Subject the owner to fees and penalties as provided in this subchapter.
(I) Notify town of transfer of ownership. The owner shall notify the Town Clerk-Treasurer’s office of any transfer of ownership a minimum of 15 days prior to the transfer. Before taking title, the new owner must agree in writing to comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted in writing to and approved by the enforcement officer/office.
(Prior Code, § 4-5-3) (Ord. 182, passed 6-25-2012) Penalty, see § 92.99
(A) Registration fee.
(1) The owner of a neglected vacant building or residential structure shall pay a registration fee of $50 per year for each such structure he or she owns.
(2) The $50 registration fee is due and payable upon registration no later than 30 days after any building or structure becomes a neglected vacant building/residential structure, as defined in § 92.31, or no later than 30 days after being notified by an enforcement officer of the requirement to register.
(B) Annual fee. If the building or structure is to remain unoccupied pursuant to § 92.32(D)(2), then the owner shall also pay an annual neglected vacant building or residential structure fee of $500 for each such building or structure that has received a notice of code violation within the previous 24 months until the building is properly demolished or rehabilitated for lawful occupancy. The $500 annual neglected vacant building or residential structure fee is due and payable together with the $50 registration fee, and on each anniversary thereafter until the building or residential structure is demolished or rehabilitated for lawful occupancy.
(C) Additional fee for failure to complete rehabilitation.
(1) If the building or structure is to be returned to a permitted use pursuant to § 92.32(D)(3), the rehabilitation plan shall not exceed 365 days and shall include progress benchmarks at least every four months, unless the enforcement officer grants an extension. If the rehabilitation has not been completed in accordance with the plan, then the owner shall pay an annual neglected vacant building or residential structure fee of $500 until the building or residential structure is properly demolished or rehabilitated for lawful occupancy.
(2) The $500 annual neglected vacant building or residential fee is payable either on each anniversary of the payment of the $50 registration fee in division (A) above, or no later than 15 days after being notified by an enforcement officer that the owner has failed to meet a required benchmark, whichever date is earlier, and on each anniversary thereafter until the building or residential structure is demolished or rehabilitated for lawful occupancy.
(D) Transfer of ownership.
(1) All required fees and other charges noted herein shall be paid by the owner prior to any transfer of an ownership interest in any neglected vacant building or residential structure.
(2) The owner shall give a purchaser written notice that the building or residential structure in question is a neglected vacant building or residential structure required to be registered under this section.
(E) Payment of fees; late fee.
(1) The neglected vacant building or residential structure registration fees and annual vacant building or residential structure fees as set forth herein are to be delivered, by mail or in person, to the Town Clerk-Treasurer at P.O. Box 328, Gage, OK 73843.
(2) A late fee of 1.5% per month or any part thereof will be assessed on any invoice which is unpaid after 30 days from the date of the demand for payment of an invoice.
(3) A $35 processing fee will be charged for each check returned by the bank due to insufficient funds or other reason.
(4) A replacement payment must be made in cash, money order or bank or certified check and must include the $35 fee and any applicable late fees.
(Prior Code, § 4-5-4) (Ord. 182, passed 6-25-2012)
(A) Insurance required. As required in § 92.32(D)(4), the owner shall procure and keep in full force and effect at all times during the registration term, commercial general liability insurance coverage (including, but not limited to, premises/operations and personal injury) or like coverage, protecting the town against any and all claims for damages to persons or property as a result of, or arising out of, the registrant’s operation, maintenance or use of the vacant building, with minimum combined bodily injury (including death) and property damage limits of not less than $300,000.
(B) Insurance policy requirements.
(1) The insurance policy must be written by an insurance company authorized to do business in the state, acceptable to the town and issued in a standard form approved by the State Department of Insurance.
(2) All provisions of the policy must be acceptable to the town and must name the town and its officers and employees as additional insured and provide for 30 days’ prior written notice to the town of cancellation, non-renewal or material change to the insurance policy.
(C) Certificate of insurance. An owner shall provide to the town offices an updated certificate of insurance for the neglected vacant building or structure every six months that the building is required to be registered under this subchapter.
(Prior Code, § 4-5-5) (Ord. 182, passed 6-25-2012)
(A) Care of buildings and grounds.
(1) The owner of any neglected vacant building or residential structure shall take such steps and perform such acts as may be required of him or her from time to time to ensure that the building and its grounds remain safe and secure and do not present a hazard to the adjoining property or the public.
(2) Owners shall be responsible for maintaining their buildings and structures so that they comply with all applicable building codes and do not deteriorate into nuisances as defined in Chapter 90.
(B) Maintenance of exterior. The owner shall protect and maintain the exterior of the building or residential structure as follows.
(1) Exterior walls, including foundations, will be maintained so that water does not penetrate into basements, cellars or other interior areas. All exterior walls and foundations must be free of holes and crevices.
(2) Exterior doors, windows, skylights and similar openings will be maintained weathertight.
(3) Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition.
(4) Roofs shall be maintained in weathertight condition.
(5) Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative.
(6) The coverings for windows and doors with glass may not consist of any substance sprayed onto the glass doors or windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly, nor will materially detract from the general appearance of the building or the neighborhood and, when possible, secured by normal means.
(7) The coverings for broken doors and cracked or broken windows may consist of replacement glass, plexiglass, boards, plywood or similar materials finished and maintained in compliance with applicable building codes. The materials will be designed and of such color so as to blend in with the finish of the building.
(8) The premises shall be kept free of insects and vermin and will be treated if necessary.
(9) Any excavation, swimming pool or other attractive nuisance must be filled in or properly closed in compliance with applicable building codes.
(10) All combustible items must be removed and swept clean from the premises within the first 30 days of registration.
(C) Standards for commercial and retail buildings. In addition to the standards prescribed in divisions (A) and (B) above, vacant commercial and retail buildings shall comply with the following standards.
(1) The coverings for broken doors and cracked or broken windows may consist of replacement glass, plexiglass, boards, plywood or similar materials finished and maintained in compliance with applicable codes. The material shall be designed and of such color so as to blend in with the finish of the buildings.
(2) All exterior signs, awnings and lighting systems, if not removed, shall be maintained in a non-deteriorated and safe condition.
(D) Maintain interior of buildings. The owner shall protect and maintain the interior of the building as follows.
(1) Structural members will be maintained to resist and prevent deterioration.
(2) Unheated attics, spaces below flat roofs and crawl spaces will be ventilated to minimize deterioration.
(3) Ceilings, walls, floors and stairways will be maintained in a non-deteriorated and safe condition.
(E) Maintenance of premises. The owner shall maintain the premises as follows.
(1) The owner shall not permit garbage and refuse to accumulate.
(3) Buildings and structures will be maintained free of insects, vermin and rodent harborage and infestation.
(4) Refrigerators and similar equipment with locking mechanisms will not be discarded, abandoned or stored at the premises.
(5) Junked motor vehicles, as defined in § 91.02, and other illegal equipment or materials will not be stored at the premises.
(6) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors will be maintained structurally safe and smoketight.
(7) If the building or residential structure is to be demolished or remain vacant, then, within ten days of registering the building/residential structure as a vacant building or residential structure, all fuel gas, water and utilities must be disconnected at the mains and the water pipes drained. If the building or residential structure is going to be rehabilitated, then the building or residential structure must be heated to avoid freezing pipes; fuel gas pipe systems must be maintained gastight, safe and in working condition, and water pipes must be maintained to avoid leaks and/or breakage.
(8) Fuel tanks will be maintained so as not to be a hazard or will be disconnected in a manner consistent with the International Fire Code.
(9) The domestic water supply system of the building will be connected to an approved source, will not be subject to contamination and will not be connected to unsafe water supplies, or the system will be disconnected at the main and completely drained.
(10) Stormwater drainage systems will be maintained so as to function properly and be kept free from obstructions, leaks and defects. Sewage systems will be similarly maintained or will be sealed so as to prevent accumulation of sewage gases in buildings.
(11) Electrical fixings, devices, wiring and systems will be maintained in safe working condition in a manner which will avoid a potential source of ignition or shock, or service will be discontinued.
(12) Elevators, dumbwaiters and escalators will be maintained or taken out of service in accordance with applicable provisions of the building code.
(F) Noncompliance by owner; town authority; assessment of costs.
(1) Whenever the owner of a neglected vacant building or residential structure fails to comply with a notice from an enforcement officer to take steps and perform acts as are required of him or her to ensure that a building or residential structure and its adjoining yards remain safe and secure and do not present a hazard to adjoining property, the town may, pursuant to an emergency, enter into the building or residential structure and the property and take steps and perform acts to render the building or residential structure and its adjoining yards safe, secure and free from hazards to adjoining property and the public.
(2) These acts will include, but not be limited to: removal of dangerous conditions; properly replacing or boarding up windows and doors; shutting off utilities; capping plumbing to prevent leakage of water or sewer gas; or removing flammable or otherwise hazardous material or debris; and mowing. A bill for the expenses incurred above will be presented to the owners of the building or residential structure consistent with the provisions outlined in this subchapter.
(Prior Code, § 4-5-6) (Ord. 182, passed 6-25-2012)
A building which has suffered fire damage or damage caused by extreme weather conditions will be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event, if the property owner submits a request for exemption in writing to the town office. This request must include the following information supplied by the owner:
(A) A description of the premises;
(B) The reason for an exemption;
(C) The names and addresses of the owner or owners; a post office box is not acceptable; and
(D) A statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.
(Prior Code, § 4-5-7) (Ord. 182, passed 6-25-2012)
(A) By registering a neglected vacant building, an owner may consent to an enforcement officer inspecting the premises for the purpose of enforcing and assuring compliance with the provisions of this subchapter. Upon the request of the enforcement officer, an owner may provide access to all interior portions of a vacant building in order to permit a complete inspection.
(B) Nothing contained herein, however, will diminish the owner’s right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the enforcement officer or his or her designee, in order to enable such inspection, and the enforcement officer shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of his or her constitutional right to refuse entry without a warrant being obtained. In the case of an emergency, as defined herein, a warrantless entry/search is permitted.
(Prior Code, § 4-5-8) (Ord. 182, passed 6-25-2012)
Once a year, the office of the Town Clerk-Treasurer shall send to the Mayor and the Board of Trustees a list of all registered neglected vacant buildings and residential structures in the town, as well as a list of all previously registered neglected vacant buildings and residential structures which are no longer subject to the provisions of this subchapter.
(Prior Code, § 4-5-9) (Ord. 182, passed 6-25-2012)
(A) Any person violating any provisions of this chapter, including, but not limited to, failure to register or providing false information to the enforcement officer, shall be subject to the following penalties:
(1) Such person shall be subject to a fine as provided in § 10.99; and each day will be construed as a separate offense.
(2) The term PERSON, as used in this division (A), shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, administrator, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the building or residential structure or part thereof.
(Prior Code, § 4-5-10)
(B) Any person who shall tear down or begin the tearing down of any house or building within the town limits without having first procured a permit therefor shall be guilty of an offense against the town and, upon conviction thereof, shall be punished as provided in § 10.99.
(Prior Code, § 4-4A-5)
(D) If the owner of a neglected vacant building or residential structure fails to register and pay the fees in a timely manner, then the owner shall be subject to the penalty set forth in § 10.99.
(Prior Code, § 4-5-4)
(Ord. 182, passed 6-25-2012)