Section 15-22. Dilapidated Buildings Prohibited.
The Board of Trustees of the Town of Tryon may cause dilapidated buildings within the municipal limits of Tryon to be torn down and removed in accordance with the provisions of this Article.
Section 15-23. Definitions.
For the purpose 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 said structure is a hazard to the health, safety, or welfare of the general public. “Owner” means the owner of records as shown by the most current tax rolls of the County Treasurer.
Further, for the purposes of this section:
- “boarding and securing” or “boarding and secured” means the closing, boarding, or locking of any or all exterior openings so as to prevent entry into the structure, and
- “unsecured building” means 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 windows, 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 15-24. Notice Procedure.
At least ten (10) days prior to a building being torn down or removed, the Town of Tryon shall give notice to the owner of the property that the Board of Trustees will hold a public hearing to determine if the building is detrimental to the health, safety or welfare of the Town of Tryon. A copy of the notice shall be posted on the property to be affected. In addition, a copy of said 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. At the time of mailing the notice, the Town of Tryon shall obtain a receipt of mailing which the receipt shall indicate the date of mailing and the name and address of the mailee. If neither the property owner or 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 Title 11, Section 1-102 of the Oklahoma Statutes. 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.
Section 15-26. Hearing by Board of Trustees.
A hearing shall be held by the Board of Trustees to determine if the property is dilapidated and has become detrimental to the health, safety, or welfare of the general public and the Town of Tryon, or if said property creates a fire hazard which is dangerous to other property.
Section 15-26. Work to be Performed.
Pursuant to the finding that the condition of the property constitutes a detriment or a hazard and that the property would benefit from the removal of such conditions, the town of Tryon may cause the dilapidated building to be torn down and removed. The Town of Tryon shall fix reasonable dates for the commencement and completion of the work. The Town Clerk shall immediately file a notice of dilapidation and lien with the County Clerk describing the property, the findings of the Board of Trustees at the hearing, and stating that the Town of Tryon claims a lien on said property for the destruction and removal costs. The agents of the Town of Tryon are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the Town of Tryon if the work is not performed by the property owner within the dates fixed by the Board of Trustees.
Section 15-27. Costs.
The Board of Trustees shall determine the actual cost of the dismantling and removal of the building, including the cost of notice and mailing. The Town Clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the building and demand for payment of such costs by mail to the property owner. In addition, a copy of said statement shall be mailed to any mortgage holder at the address provided for in Section 15-24 hereof. At the time of mailing the statement of costs to any property owner or mortgage holder the Town of Tryon shall obtain a receipt of mailing showing the date of mailing and the name and address of the mailee. If the Town of Tryon dismantles or removes any dilapidated building, the cost to the property owner shall not exceed the actual cost of the labor and maintenance.
Section 15-28. Failure to Pay Costs.
When payment is made to the Town of Tryon for costs incurred, the Town Clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the building is not made within six (6) months from the date of the mailing of the statement to the owner of such property, the Town Clerk shall forward a certified statement of the amount of the cost to the County Treasurer. Said costs shall be levied on the property and collected by the County Treasurer as the other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date of notice 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 liens shall continue until the cost is fully paid. At any time prior to collection, the Town of Tryon may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, the Town
The Town Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.
Section 15-29. Boarding of Dilapidated Buildings.
After a building has been declared dilapidated, as provided in Section 15-23 of this Article, and before the commencement of the tearing and removal of a dilapidated building, the Board of Trustees may authorize that such a building be boarded and secured.
Section 15-30. Procedure.
The Board of Trustees of the Town of Tryon may cause an unsecured building to be boarded and secured in accordance with the following procedures:
- Before the governing body orders such action at least ten (10) days notice that such unsecured building is to be barded and secured shall be given by mail to any property owners and mortgage holders as provided in Section 15-24. A copy of the notice shall also be posted on the property to be affected. At the time of mailing, the town of Tryon shall obtain a receipt of mailing showing the date of mailing and the name and address of the mailee.
- The owner of the property may give his written consent to the Town of Tryon authorizing the boarding and securing of such secured 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 Board of Trustees.
- If the property owner does not give his written consent to such actions, a hearing may be held by the Board of Trustees to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety, or welfare. In making such a determination, the Board of Trustees shall apply the following standard: the Board of Trustees 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 Board of Trustees may order the boarding and securing of the unsecured building.
Section 15-31. Tax Lien.
After the Board of Trustees orders the boarding and securing of such unsecured building, the Town Clerk hall immediately files a notice of unsecured building and lien with the County Clerk describing the property, stating the findings of the Board of Trustees at the hearing at which such building was determined to be unsecured, and stating that the Town of Tryon claims a lien on said property for the costs of boarding and securing such building.
Section 15-32. Entry upon Premises.
Pursuant to the order of the governing body, the agents of the Town of Tryon 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.
Section 15-33. State of Costs.
- After an unsecured building has been boarded and secured, the Board of Trustees shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith including the cost of notice and mailing. The Town 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 15-24. At the time of mailing, the board of Trustees shall obtain a receipt showing the date of mailing and the name and address of the mailee.
- If the Town of Tryon boards and secures any unsecured building, the costs to the property owner shall not exceed the actual cost of 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.
Section 15-34. Payment.
When payment is made to the municipality for costs incurred, the Town 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 of such property, the Town Clerk shall forward a certified statement of the amount of the costs to the County Treasurer. Said costs shall be levied on the property and collected by the County Treasurer as are other taxes 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 Town of Tryon may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, the Town Clerk shall forward to the County Treasurer a notice of such payment and shall direct discharge of the lien.