[Ord. 1116-2007, 4-19-2007]
It is hereby declared the legislative intent of the council
is to conform to the provisions of 11 Oklahoma Statutes Section 22-112,
and to provide that the City of Tahlequah abatement board shall be
the initial hearing board for all code compliance cases concerning
the tearing down and removal of dilapidated buildings.
[Ord. 1116-2007, 4-19-2007]
As used in this chapter:
The compliance officer or such other employee designated
by the City of Tahlequah to enforce the provisions of this Code.
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, safety, or
welfare of the general public.
A structure which is unfit for human occupancy due to the lack
of necessary repairs and is considered uninhabitable or is a hazard
to the health, safety, and welfare of the general public.
A structure which is determined by the municipal governing body
or administrative officer of the municipal governing body to be an
unsecured building, as defined by 11 Oklahoma Statutes Section 22-112.1,
more than three times within any twelve-month period.
A structure which has been boarded and secured, as defined by
11 Oklahoma Statutes Section 22-112.1, for more than 36 consecutive
months.
A structure declared by the abatement board to constitute a
public nuisance.
The owner of record as shown by the most current tax rolls
of the county Treasurer.
[Ord. 1116-2007, 4-19-2007]
In the performance of the administrative officer's duties and/or any officer or employee of the City who discovers or finds dilapidated buildings, as defined in Section 8-602 of this chapter, upon any premises within the limits of the City by reason of which such premises appear to be: detrimental to the health, safety, or welfare of the general public and the community; or the property creates a fire hazard which is dangerous to other property; and the property would be benefited by the removal of such conditions; they shall prepare a report of such condition and in the case of officers and employees deliver such report to the administrative officer.
[Ord. 1116-2007, 4-19-2007]
Upon preparing or receiving the report prescribed by Section 8-603 of this chapter, the administrative officer shall place upon the agenda of the abatement board for hearing and consideration at an appropriate time and date of meeting thereof, such as will permit giving the notices prescribed by statutory law and this chapter, the question of whether such premises, by reason of the conditions specified, are detrimental to the health, safety and welfare of the public and community, or the property creates a fire hazard which is dangerous to other property and that the property would be benefited by the removal of such conditions.
[Ord. 1116-2007, 4-19-2007]
At least 10 days' notice that a building is to be torn
down or removed shall be given to the owner of the property before
the abatement board 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 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 any mortgage holder
as shown by the records in the office of the county Clerk to the last
known address of the mortgagee. At the time of mailing of notice to
any property owner or mortgage holder, the administrative officer
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. However, if neither the property owner nor mortgage holder
can be located within the ten-day period described in this section,
notice may be given by posting a copy of the notice on the property
or by publication in a legal newspaper of general circulation in the
City of Tahlequah, maintaining an office in the City. The notice may
be published once not less than 10 days prior to any hearing or action
by the municipality pursuant to the provisions of this chapter.
[Ord. 1116-2007, 4-19-2007]
The owner of the property may give written consent to the City
authorizing the removal of the dilapidated building. By giving written
consent, the owner waives the owner's right to a hearing by the
abatement board and appeal to the City council.
[Ord. 1116-2007, 4-19-2007]
A.
Upon the date specified in the notice the abatement board shall hear
the matter and receive information thereon, including anything which
may be presented by the owner or mortgage holder of the premises,
personally or by agent or attorney, 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 the property creates
a fire hazard which is dangerous to other property;
B.
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 abatement board shall order the
dilapidated building to be torn down and removed. The abatement board
shall fix reasonable dates for the commencement and completion of
the work.
[Ord. 1116-2007, 4-19-2007]
The City Clerk shall immediately file a notice of dilapidation
and 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 the property for the destruction and removal costs
and that such costs are the personal obligation of the property owner
from and after the date of filing of the notice.
[Ord. 1116-2007, 4-19-2007]
The property owner or mortgage holder, or any citizen of the
City, or any officer, department, board or bureau of the City, aggrieved
by any order of the abatement board shall have a right to appeal such
order to the City council. Such appeal shall be taken by filing written
notice of appeal with the City Clerk within 10 days after the abatement
board's order is rendered, and by paying a filing fee of $25
at the office of the City Clerk at the time the request is filed.
The City council may affirm, reverse or modify the order of the abatement
board.
[Ord. 1116-2007, 4-19-2007]
After the hearing and appeal time has expired or the City council has entered its order, if the work ordered to be performed under Section 8-607 of this chapter is not performed by the property owner within dates fixed by the abatement board or the City council, 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. The work may be done by the employees of this City, or it may be let by contract to the lowest responsible bidder, after appropriate notice, in the manner for letting other contracts by public bid.
[Ord. 1116-2007, 4-19-2007]
A.
The City council 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.
B.
The City 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 mail to the property owner. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in Section 8-605 of this chapter. At the time of mailing of the statement of costs to any property owner or mortgage holder, the City Clerk 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 of Tahlequah 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 responsible bidder; and
C.
When payment is made to the municipality for costs incurred, the
City 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 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
of the county in which the property is located. The costs shall be
levied on the property and collected by the county Treasurer as are
other taxes authorized by law. 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 dilapidation and lien
is filed with the county Clerk. 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. Upon receiving payment,
the City Clerk shall forward to the county Treasurer a notice of such
payment and shall direct discharge of the lien.
[Ord. 1116-2007, 4-19-2007]
The service of all notices prescribed by this chapter shall be evidenced as provided in Sections 8-605 and 8-611 of this chapter or by personal service evidenced by the return of the officer making such service certified in his official capacity, and all evidence of service shall be filed in the office of the City Clerk.
[Ord. 1116-2007, 4-19-2007]
The provisions of this chapter shall not apply to any property
zoned and used for agricultural property.
[Ord. 1116-2007, 4-19-2007]
Nothing in the provisions of this chapter 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.
[Ord. 1116-2007, 4-19-2007]
The officers, employees or agents of the City of Tahlequah shall
not be liable for any damages or loss of property due to the removal
of dilapidated buildings performed pursuant to the provisions of this
section or as otherwise prescribed by law.
[Ord. 1116-2007, 4-19-2007]
The administrative officer shall enforce this chapter and shall
have the authority to issue citations to any person, firm, or corporation,
which violates, in any manner, this chapter.
[Ord. 1116-2007, 4-19-2007]
Any person, firm or corporation who is the owner or otherwise
in possession or control of property located within the City limits
who violates any of the provisions of this chapter or shall allow
dilapidated buildings to stay upon the premises shall be deemed guilty
of a misdemeanor and shall be punishable by fines as determined by
the municipal judge of up to $200 for the first violation and up to
$500 for repeat violators. Each day that a violation exists shall
constitute another violation.
