A. Authorization to board and secure. After a building has been declared dilapidated, as provided in Section 14-468, and before the commencement of the tearing and removal of a dilapidated building, the City Council may authorize that such a building be boarded and secured. However, if the dilapidated building is vacant and unfit for human occupancy, the City Council may authorize the structure to be demolished pursuant to Section 14-468.
B. Cleaning of trash and weeds. The City Council may cause the premises on which an unsecured building is located to be cleaned of trash and weeds in accordance with the provisions of 11 O.S. § 22-111.
C. Procedure for boarding and securing. The City Council may cause an unsecured building to be boarded and secured in accordance with the following procedures:
1. Before the City Council orders such action, at least ten (10) 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 Section 14-468. At the time of mailing of notice to any property owner or mortgage holder, the City 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 the 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 (1) time, not less than ten (10) days prior to any hearing or action by the City pursuant to the provisions of this section. If the City Council anticipates summary abatement of a nuisance in accordance with the provisions of subsection (C)(8) 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 Council; 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 of mortgage holder.
2. 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 Council.
3. If the property owner does not give written consent to such actions, a hearing may be held by the City Council 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 Section 14-468 A.3. In making such determination, the City Council shall apply the following standard: the City Council 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 City Council may order the boarding and securing of the unsecured building.
4. After the City Council orders the boarding and securing of the unsecured building is the City Clerk shall immediately file a notice of unsecured building and lien with the County Clerk describing the property, stating the findings of the City 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. Pursuant to the order of the City Council, 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. After an unsecured building has been boarded and secured, the City Council 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 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 mail to any property owners and mortgage holders as provided in Section 14-468 above. At the time of mailing of the statement of costs to any property owner or mortgage holder, the City 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 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. If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
7. 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 costs of the boarding and securing of the unsecured building is not made within thirty (30) days from the date of mailing of the statement to the owner the of such property, the City Clerk 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 five dollars ($5.00) 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 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 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 City Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
8. If the City Council 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 the mortgage holder. At the time of each such summary boarding and securing, the City shall notify the property owner and the 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 City Clerk within ten (10) days after the mailing of the notice. The notice and hearing shall be as provided for in subsection (C)(1) of this section. Unless otherwise determined at the hearing, the cost of such boarding and securing shall be determined and collected as provided for in subsections (C)(6) and (7) of this section.
9. The City Council 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 City Council to be dilapidated.
D. City agent designated; right of appeal. The City hereby designates the City Manager or his designee to carry out the duties of the Council specified in this section. The property owner or mortgage holder shall have a right of appeal to the Council from any order of the City Manager or his designee. Such appeal shall be taken by filing written notice of appeal with the clerk within ten (10) days after the administrative order is rendered.
E. Application of section to land zoned agricultural. The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
(Code 1991, § 8-503)
State Law reference- Similar provisions, 11 O.S. § 22-112.1.