The city may cause dilapidated buildings within the city limits
to be torn down and removed in accordance with the provisions of this
section:
1. At least 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 Commission takes action or holds a hearing. 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 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.
2. A hearing may be held by the City Commission 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.
3. 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 Commission may cause the
dilapidated building to be torn down and removed. The City of Weatherford
shall fix reasonable dates for the commencement and completion of
the work. The City Clerk shall immediately file a notice of lien with
the 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. The city officials 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.
4. The city 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 City Clerk shall forward
a statement of the actual cost attributable to the dismantling and
removal of the building 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 the city 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 building. 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.
5. 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 dismantling and removal of the buildings is not made within
six 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 County Treasurer. The costs 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. The lien shall be coequal with
the lien of ad valorous 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.
At any time prior to collections provided for in this paragraph, the
city may pursue any civil remedy for collection of the amount owing
and interest thereon. 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. For the purposes of this section, "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 the structure is a hazard to the health, or 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.
7. 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.
The city may regulate the construction or suppression, and cleaning
of any apparatus fixtures, or equipment used in any building, manufacturer
or business which may cause or promote fires, may prescribe limits
within which dangerous or hazardous businesses may be carried on,
and may adopt fire prevention codes and regulations. The city may
impose penalties for the violation of such ordinances and may remove
or abate any buildings constructed or located in violation of its
ordinances.