A. Definitions: For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this subsection:
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.
B. City Authority; Administration:
1. After a building has been declared dilapidated, as provided in section 8-502 of this chapter, and before the commencement of the tearing down and removal of a dilapidated building, the city may authorize that such a building be boarded and secured. However, if the dilapidated building is vacant and unfit for human occupancy, the city may authorize the structure to be demolished pursuant to section 8-502 of this chapter.
2. The city manager is hereby designated as the administrative officer for the city to carry out the duties of the city in this section.
C. Cleaning Trash And Weeds: The city may cause the premises on which an unsecured building is located to be cleaned of trash and weeds in accordance with the provisions of section 8-107 of this part.
D. Procedure For Boarding And Securing: The city may cause an unsecured building to be boarded and secured in accordance with the following procedure:
1. Notice Requirements; Contents:
a. Before the city manager orders such action, at least ten (10) days' notice that such unsecured building is to be boarded and secured shall be given by certified mail, return receipt requested, to any property owners and mortgage holders as provided in section 8-502 of this chapter. A copy of the notice shall also be posted on the property to be affected. 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 shall be published one time, not less than ten (10) days prior to any hearing or action by the city manager pursuant to the provisions of this section.
b. If the city anticipates summary abatement of a nuisance in accordance with the provisions of subsection D9 of this section, the notice shall state that any subsequent need for boarding and securing the building within a six (6) month period after the initial boarding and securing of the building pursuant to such notice may be summarily boarded and secured by the city; 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.
2. Property Owner Consent For City Boarding And Securing: The owner of the property may give written consent to the city 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 city manager.
3. Hearing And Determination By City Manager:
a. If the property owner does not give written consent to such actions, a hearing shall be held by the city manager to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare.
b. 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.
c. In making such determination, the city shall apply the following standard: The housing standards board 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.
d. Upon making the required determination, the city manager may order the boarding and securing of the unsecured building.
4. Filing Notice And Lien With County Treasurer: After the city manager orders the boarding and securing of such unsecured building, the city clerk shall immediately file a notice of unsecured building and lien with the office of the Lincoln County clerk, describing the property, stating the findings of the city manager at the hearing at which such building was determined to be unsecured, and stating that the city 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.
5. Right Of Entry By City: Pursuant to the order of the city manager, the agents of the city 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 city.
6. Determination Of Cost; Issuance Of Statement:
a. After the unsecured building has been boarded and secured, the city manager 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.
b. The city clerk 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 certified mail, return receipt requested, to any property owners and mortgage holders as provided in section 8-502 of this chapter.
c. If the city 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.
d. If such actions are done by the city on a private contract basis, the contract shall be awarded to the lowest and best bidder.
7. 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 boarding and securing of the unsecured building is not made within thirty (30) days 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. Once certified to the Lincoln County treasurer, payment may only be made to the county treasurer, except as otherwise provided for in this section.
b. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law.
c. 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 unsecured building and lien is filed with the county clerk.
d. 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.
e. 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.
f. 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.
g. 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.
h. Upon receiving payment, the city clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.
8. 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.
9. Summary Abatement Of Nuisance; Notice; Costs:
a. If the city causes a structure within the city limits to be boarded and secured, any subsequent need for boarding and securing within a six (6) month period constitutes a public nuisance and may be summarily boarded and secured without further prior notice to the property owner or mortgage holder.
b. At the time of each such summary boarding and securing, the city 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 before the city council by filing written notice of appeal with the city clerk within ten (10) days after the mailing of the notice. The notice and hearing shall be as provided for in this subsection D.
c. Unless otherwise determined at the hearing, the cost of such boarding and securing shall be determined and collected as provided for in subsections D6 and D7 of this section.
10. Order Of City Manager: The city manager 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 to be dilapidated.
11. Exception, Agricultural Property: The provisions of this section shall not apply to any property zoned and used for agricultural purposes. (Ord. 435, 10-8-2012)