§ 2-204. Removal of dilapidated buildings.

(a)

A dilapidated building shall mean:

(1)

A structure which, through neglect or damage, 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;

(2)

A structure which is determined by the Code Compliance Officer in conjunction with the Director of Planning and Community Development or his or her designee to be an unsecured building under Section 10-203(e) of this Code, more than three (3) times within any twelve-month period;

(3)

A structure which has been boarded and secured under Section 10-203(e) of this Code, for more than eighteen (18) consecutive months; or

(4)

A structure declared by the municipal governing body to constitute a public nuisance.

(b)

Whenever a Code Compliance Inspector determines that a building or structure is dilapidated, and such decision is concurred in by the Director of Planning and Community Development, or his designee, and by the Fire Marshal when there has been a fire or may be a threat of potential fire, the written findings of these officers shall be sent to the City Clerk to set a date for a hearing before Council, said hearing to allow the record owner of the property to show cause why the findings of the authorities should not be adopted by the City Council.

(c)

Notice of said hearing 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. A copy of the notice shall also be posted on the property to be affected. Said notices shall be mailed and posted at least fifteen (15) days prior to the date of the hearing.

(d)

After the hearing, the Council shall make a determination as to whether the structure is dilapidated and should be removed or shall remain with improvements made. The written findings of the Council shall be sent by certified mail to the property owner and mortgage holder. If the structure is determined dilapidated, the findings shall reflect that the property owner must remove the dilapidated structure no later than thirty (30) days after the hearing, and the property shall be posted to reflect said findings. The City Clerk shall immediately file a Notice of Lien with the County Clerk, describing the property and the findings of the City Council at the hearing and stating that the municipality claims a lien on said property for the destruction and removal costs, should the owner not remove the dilapidated structure.

(e)

Upon the failure by the property owner to remove the structure within thirty-day period, the City shall commence destruction and removal of the dilapidated structure. All materials salvageable shall be sold at private or public sale, and the proceeds from those sales shall defray the costs of the City. The actual cost of dismantling and removing and any other administrative expenses that may be necessary with the dismantling and removing of the buildings, including the cost of notice and mailing, shall be determined by the City Council; and a statement shall be mailed to the owner of the property.

(f)

If payment is not made within six (6) months from the date of the mailing of the certificate, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer. The cost and 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.

(g)

At any time prior to collection, as provided for in this section, the City of Norman may pursue any civil remedy for collection of the amount owing and the interest thereon.

(h)

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.

(Ord. No. 0-7475-55; Ord. No. 0-8081-31; Ord. No. 0-8788-40; Ord. No. 0-9697-1; Ord. No. 0-0102-10; Ord. No. 0-0506-52; Ord. No. 0-1314-14, § 2)