The administrative officer may cause dilapidated buildings within the town limits to be boarded, secured or torn down and removed in accordance with the following procedures.
(A) Notice to property owner.
(1) At least ten days’ notice shall be given to the owner of the property before the town takes action or holds a hearing as provided in division (B) below. A copy of the notice shall be posted on the property to be affected.
(2) 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 the last known address of any mortgage holder as shown by the records in the office of the County Clerk. At the time of the 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.
(3) If neither the property owner nor mortgage holder can be located, then notice may be given by posting a copy of the notice on the property or by publication, as defined by 11 O.S. § 1-102. Such notice may be published once not less than ten days prior to any hearing or action to be taken pursuant to this section.
(B) Hearing. A hearing shall be held by the administrative officer to determine whether the property is dilapidated and has thereby become detrimental to the health, benefit or welfare of the public and the community, creates a fire hazard to the danger of property or needs to be boarded and secured.
(C) Abatement by town; cost a lien against property.
(1) If the administrative officer finds that the condition of the property constitutes a detriment or hazard and that the property would be benefitted by the removal of such conditions or by its boarding and securing, then the administrative officer may cause the dilapidated building to be torn down and removed or boarded and secured and shall fix reasonable dates for the commencement and completion of the work.
(2) The Town Clerk-Treasurer shall immediately file a notice of lien with the County Clerk describing the property and the findings of the administrative officer at the hearing and stating that the town claims a lien on the property for the destruction and removal or boarding and securing costs, and that such costs are the personal obligation of the property owner from and after the date of filing of the notice.
(D) Right to appeal. The property owner shall have a right of appeal to administrative officer of the town. If the order is rendered by the administrative officer, then the right to appeal is to the Town Board of Trustees. The appeal shall be filed in writing with the Town Clerk-Treasurer within ten days after the administrative order is rendered.
(E) Methods of performing work. If the work is not performed by the property owner within the dates fixed by the administrative officer, then the administrative officer shall direct that the tearing down and removal or boarding and securing be done by one of the following methods:
(1) By the town, provided that the actual cost of labor, maintenance and equipment does not exceed $5,000; or
(2) On a private contract basis, in which case, it shall be awarded to the lowest and best bidder.
(F) Determination of cost.
(1) After the building has been torn down and removed or boarded and secured, the administrative officer shall determine the actual cost of the dismantling and removal of the dilapidated building or of its boarding and securing, as well as of any other expenses as may be necessary in conjunction therewith, including the costs of notice and mailing.
(2) The Town Clerk-Treasurer shall forward a statement of such actual cost attributable to the dismantling and removal or boarding and securing, as well as a demand for payment, by mail to the property owner at the address specified in division (A)(2) above. In addition, a copy of the statement shall be mailed to any mortgage holder at the address specified in division (A)(2) above. At the time of the mailing of the statement of cost 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.
(G) Nonpayment; lien against property. If payment is not made within six months from the date of the mailing of the statement, then the Town Clerk-Treasurer shall forward a certified statement of the amount of the cost to the County Treasurer. The town shall have a lien on the property for such cost, together with the interest thereon, and the lien shall continue until the cost shall be fully paid.
(H) Payment to town; release of lien. When payment is made to the town for the cost incurred, the town shall file a release of lien or part thereof.
(I) Exception. The provisions of this section shall not apply to any property zoned and used for agricultural purposes.
(J) Abatement as nuisance. Nothing in this section shall prevent the town from otherwise abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the public health, safety or welfare.
(Prior Code, § 5-5-3) Penalty, see § 151.99