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HomeMy WebLinkAbout415_Part 8 Ch 1_Removal of Dilapidated BuildingsBOOK 5264 PAGE 1518 912776 ORDINANCE NUMBER 415 CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO PART 8, HEALTH AND SANITATION, CHAPTER 1, TRASH, WEEDS AND LITTER, EXPANDING CHAPTER 1 TO INCLUDE DILAPIDATED BUILDINGS, CODIFYING AS ARTICLE C TO CHAPTER 1 DILAPIDATED BUILDINGS, DEFINING SAME, PROVIDING FOR NOTICE, REMOVAL, COST ASSESSMENT, LIEN, PROVIDING FOR BOARDING AND SECURING OF DILAPIDATED BUILDINGS AND DEFINITIONS PERTAINING THERETO, PROVIDING SUCH PROCEDURES AS CUMULATIVE TO NUISANCE ABATEMENT PROCEDURES EXISTING UNDER THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: That Part 8, Health and Sanitation, Chapter 1, Trash, Weeds and Litter be and same hereby is amended to provide Chapter 1 as pertaining to trash, weeds, litter and dilapidated buildings. Section Two: That there be codified in the Code of Ordinances of the City of Owasso, Oklahoma, under Article C, the following, to -wit: DILAPIDATED BUILDINGS Section 8- 141 -- Definitions: A. At least fifteen (15) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the City Manager of the City of Owasso, Oklahoma, takes action or holds a hearing. A copy of the notice shall be posted on the "Dilapidated Building" means 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 said structure is a hazard to the health, safety, or welfare of the general public. "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer. "Boarding and Securing" or "Boarded and secured" means the closing, boarding or locking of any or all exterior openings so as to prevent entry into the structure. "Unsecured building" shall mean 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 doors, 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. Section 8- 142 -- Condemnation of Dilapidated Buildings: The City Manager of the City of Owasso, Oklahoma, is hereby authorized to cause dilapidated buildings within the municipal limits to be torn down and removed in accordance with provisions of this ordinance. A. At least fifteen (15) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the City Manager of the City of Owasso, Oklahoma, takes action or holds a hearing. A copy of the notice shall be posted on the BOOK 5264 PAGE 1519 property to be affected. In addition, a copy of said 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 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. However, if neither the property owner nor mortgage holder can be located, notice may be given by publication, as defined in 11 O.S. §1 -102. Such notice may be published once not less than ten (10) days prior to any hearing or action by the municipality pursuant to the provisions of this section, or, in the alternative, notice may be given by first -class mail to the property owner and mortgage holder. B. A hearing may be held by the City Manager of the City of Owasso, Oklahoma, 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 said property creates a fire hazard which is dangerous to other property. C. 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 of the City of Owasso, Oklahoma, may cause the dilapidated building to be torn down and removed. The City Manager of the City of Owasso, Oklahoma, shall fix reasonable dates for the commencement and completion of the work. The municipal clerk shall immediately file a notice of lien with the county clerk describing the property, the findings of the municipality at the hearing, and stating that the municipality claims a lien on said property for the destruction and removal costs. The agents of the municipality are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the municipality if the work is not performed by the property owner within dates fixed by the City Manager of the City of Owasso, Oklahoma. D. The City Manager of the City of Owasso, Oklahoma, 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 municipal 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. In addition, a copy of said statement shall be mailed to any mortgage holder at the address provided for in paragraph 1 of this section. If a municipality 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 buildings. 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. When payment is made to the municipality for costs incurred, the municipal 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 municipal clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located. Said costs BOOK 5264 PAGE 1520 shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. 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. Said 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 treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property. Said fee shall be deposited to the credit of the general fund of the county. At any time prior to collection as provided for in this paragraph, the municipality may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, the municipal clerk shall fowrard to the county treasurer a notice of such payment and shall direct discharge of the lien. F. The property owner shall have the right to appeal to the City Council of the City of Owasso, Oklahoma, from any order of the City Manager of the City of Owasso, Oklahoma, entered in respect of the foregoing. Such appeal shall be taken by filing written notice of appeal with the City Clerk of the City of Owasso, Oklahoma, within ten (10) days after the City Manager's order is rendered. Section 8-143--Boarding and Securing of Dilapidated Buildings: That after a building has been declared dilapidated as provided in the preceding section, and before the commencement of the tearing and removal of a dilapidated building, the City Manager of the City of Owasso, Oklahoma, may authorize that such building be boarded and secured in accordance with the following procedures: A. Before the City Manager of the City of Owasso, Oklahoma, 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 with return receipt requested to any property owners and mortgage holders as provided in 11 O.S. §22 -112. 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 publication, as defined in 11 O.S. §1 -102. Such notice shall be published one time, not less than ten (10) days prior to any hearing or action by the municipality pursuant to the provisions of this section, or in the alternative, notice may be given by first -class mail to any property owners and mortgage holders; B. The owner of the property may give his written consent to the municipality authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving said written consent, the owner waives his right to a hearing by the City Manager of the City of Owasso, Oklahoma; C. If the property owner does not give his written consent to such actions, a hearing may be held by the City Manager of the City of Owasso, Oklahoma, 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 paragraph 3 of subsection A of 11 O.S. §22 -111. In making such determination, the City Manager of the City of Owasso, Oklahoma, shall apply the following standard: BOOK 5264 PAGE 1521 the City Manager of the City of Owasso, Oklahoma, 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 Manager of the City of Owasso, Oklahoma, may order the boarding and securing of the unsecured building; D. After the City Manager of the City of Owasso, Oklahoma, orders the boarding and securing of such unsecured building, the municipal clerk shall immediately file a notice of lien with the county clerk describing the property, stating the findings of the municipality at the hearing at which such building was determined to be unsecured, and stating that the municipality claims a lien on said property for the costs of boarding and securing such building; E. Pursuant to the order of the City Manager of the City of Owasso, Oklahoma, the agents of the municipality 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 municipality; F. After an unsecured building has been boarded and secured, the City Manager of the City of Owasso, Oklahoma, shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith. The municipal 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 with return receipt requested to any property owners and mortgage holders as provided in 11 O.S. §22 -112. If a municipality 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. G. When payment is made to the municipality for costs incurred, the municipal 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 the mailing of the statement to the owner of such property, the municipal clerk shall forward a certified statement of the amount of the costs to the county treasurer of the county in which the property is located. Said costs shall be authorized by law. 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. Said 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. At any time prior to collection as provided for in this paragraph, the municipality may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, the municipal clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien; BOOK 5264 PAGE 1522 H. The property owner or mortgage holder shall have a right of appeal to the City Council of the City of Owasso, Oklahoma, from any order of the City Manager of the City of Owasso, Oklahoma, relating to the foregoing. Such appeal shall be taken by filing of written notice of appeal with the City Clerk of the City of Owasso, Oklahoma, within ten (10) days after the administrative order is rendered. Section 3: Nothing in the provisions of this ordinance shall prevent the City of Owasso, Oklahoma, from abating a dilapidated building as a nuisance or otherwise exercising its police powers to protect the health, safety or welfare of the general public. Section 4: That this ordinance shall, upon passage, take effect thirty (30) days from the date of first publication as provided by state law. DATED this 14th day of May , 1990. TO FORM: Ronald D. Cates, City Attorney CITY OF OWASSO, OKLAHOMA By: Mark Thompson , Mayor Oklahoma, may cause the dilapidated building to be torn down and removed. The City Manager of the City Of Owasso, oklahama. shag fa reasonable dates for the eommaneerratnt and WrflPletron of the work• the municipal clerk shall immediately file a hatice of lien with the county clerk describing the property, the findings of the municipality at the hearing, and stating that the municipality claims a lien on said property for the destruction and removal costs. The agents of the municipality are granted the right of entry on the prOPOfty lot the par formance of the necessary duties as a governmental function of the municipality if the work is not parfornrad by the property owner within dates fixed by the City Manager of the City of Owasso,. D. The City Manager of the City of Owasso, Oklahoma, shall deter- mine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunc- tion with the dismantling and ra neval of the buildings, including the cost of notice and mailing. The municipal clerk shall forward a state- ment of the actual oat attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by certified mail with return rscalat requested to the property owner. In addition, a copy of said statement shall be mailed to any mortgage holder at the address provided for in paragraph 1 of this section. it a municipality dismantles Or removes any dilapidated buildings, file cost to the prop- only owner shall not exceed the actual cost of the Gabor, rrraimanance, and equipment required for the dismantling and removal of the diltipi- dated buildings. it dismantling and removal of the dilapidated buildints is done on a private contract basis, the contract shall be awarded to the lowest and best bidder. E. When payment is made to the municipality for Gaide incurred, � to municipal clerk shall file a release Of lien, but H pay the actual cost of the dismantling and removal of the buildings is net made within six (G) months from the date of the nailing of the state, ment to the Owner Of such property, the muff 0 the dark shag forward p carried statement of the amount of the Lost tO the county treasurer of the county in which nd collected by the county treasuGoats as are l other tax- as aut property es authorized by law: The cost and the interest thereon shall be a flan against the property from the date the notice Of the lien is tiled wththe' county clerk, Said lion shall be coequal with the lion of ad valorem tax- es and ail other taxes and special assessments and shall be prior and superior to all Other tfties and liens against the pretrerty. The treasurer hall collect a tee of Fly Dollars ($5.00) for each parcel of property, Said fee shall be deposited to the credit of the general fund of the county. At any time prior to collection as provided for in this paragraph, the municipality may pursue any civil remedy for collection Of the amount owing and interest thereon, Upon receiving payment, the =municipal clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lion. I to the City Council I-. The property owner shall have the right to appal of the City of Owasso, Oklahoma, from any order of tits Clty Manager of the City of Owasso, Oklahoma, entered in respect of the foregh f e Such appeal shall be taken by filing written notice Of appeal City Clerk of the City of Owasso, Oklahoma, within ton(iff) days alto+ the City Managers order is rendered. Section 5 -143- boarding and Ser ur g.7f DIN, aced Buildings' removal ai t dilapidated building trla city Manager a 4 e y Owasso, Gtlwhorm'. may authorize that such building be boarded and sec=ured In accordance with the following procarfures: A. BefarO the City Manager of the City of Owasso, Oklahoma, orders such action, at beast ten (10} days' notice that such bulkiing is to be boarded and secured shall be given by certified etuln recent re ;uesto to any prey Owners and hiongage hinders as provided in 1 I O.S. §22-112. A copy of the notice shall also by posted on the pccsf3rarty to be affected. 11(mOver, If norther the property owner not mortgage holder can be located, notice may be given by