A. City Authority; Administration; Housing Standards Board:
1. The city may cause dilapidated buildings within the city limits to be torn down and removed in accordance with the provisions of this section.
2. The city manager is hereby designated as the administrative body for the city to carry out the duties of the city in this section.
B. Procedure:
1. Notice:
a. At least ten (10) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the housing standards board holds a hearing.
b. 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 certified mail with return receipt requested to the property owner at the address shown by the current year's tax rolls in the office of the Lincoln County treasurer. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the Lincoln County clerk to the last known address of the mortgagee. However, if neither the property owner nor the mortgage holder can be located as shown by the return receipt, or if the return receipt is not returned within ten (10) days from the date of mailing by the city, 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 ten (10) days prior to any hearing or action by the city pursuant to the provisions of this section.
2. Hearing By Board To Determine Dilapidation: A hearing shall be held by the housing standards board 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.
3. Failure Of Owner To Comply; Removal By City; Lien:
a. 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 city manager shall fix reasonable dates for the commencement and completion of the work by the owner. Should the owner not comply with either the commencement or completion of the work by the dates allowed, the city may cause the dilapidated building to be torn down and removed.
b. Upon completion of the work by the city, the city clerk shall immediately file a notice of dilapidation and lien with the Lincoln 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 costs, and that such costs are the personal obligation of the property owner from and after the date of filing of the notice.
c. 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.
4. Determination Of Cost; Issuance Of Statement:
a. The city manager 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.
b. The city clerk 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 certified mail with return receipt requested, to the property owner.
c. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in subsection B1 of this section.
d. If the city dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance, equipment and administration fee of one hundred fifty dollars ($150.00) required for the dismantling and removal of the dilapidated buildings.
e. If dismantling and removal of the dilapidated buildings is done by the city on a private contract basis, the contract shall be awarded to the lowest and best bidder.
5. Certified Statement To County Treasurer; Lien; Collection:
a. When payment is made to the city for costs incurred, the city clerk 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 (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 Lincoln County treasurer.
b. Once certified to the Lincoln 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.
c. 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.
d. If the county treasurer and the city agree that the county treasurer is unable to collect the assessment, the city 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.
e. 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.
f. Upon receiving payment, the city clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.
6. Right Of Appeal: The property owner shall have the right to appeal to the city council from any administrative order or finding of fact of the city manager. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) days after the administrative order or finding of fact of the city manager is rendered.
7. Summary Abatement Of Nuisance: Nothing in the provisions of this section shall prevent the city from abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the health, safety or welfare of the general public.
8. Nonliability Of City Officers And Employees: The officers, employees and/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 section or as otherwise prescribed by law.
9. Exception, Agricultural Use: The provisions of this section shall not apply to any property zoned and used for agricultural purposes. (Ord. 435, 10-8-2012)