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.
1.
After a building has been declared dilapidated, as provided in Section 14-26, and before commencement of the tearing and removal of a dilapidated building, the city may authorize that such building be boarded and secured.
2.
The city may cause the premises on which an unsecured building is located to be cleaned of trash and weeds in accordance with the provisions of Section 14-19 of this Chapter.
3.
The city may cause an unsecured building to be boarded and secured
in accordance with the following procedures:
a.
Before the city orders such action, at least 10 days' notice that the 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 Section 14-26 of this article. A copy of the notice shall also be posted on the property to be affected.
b.
The owner of the property may give his written consent to the city
authorizing the boarding and securing of the unsecured building and
to the payment of any costs incurred thereby. By giving written consent,
the owner waives his right to a hearing by the City Commission.
c.
If the property owner does not give his written consent to such actions, a hearing may be held by the City Commission to determine whether the boarding and securing of the unsecured building would promote and benefit the public health, safety or welfare. Such hearing may be held in conjunction with a hearing of the accumulation of trash or the growth of weeds or grass on the premises of the unsecured building held pursuant to the provisions of Section 14-19 of this Chapter.
In making such determination, the city shall apply the following
standard: The Commission may order the boarding and securing of the
unsecured building when the boarding and securing thereof would make
the building less available for transient occupation, decrease a fire
hazard created by the building, or decrease the hazard that the building
would constitute an attractive nuisance to children. Upon making the
required determination, the City Commission may order the boarding
and securing of the unsecured building.
d.
After the city orders the boarding and securing of the unsecured
building, the City Clerk shall immediately file a notice of lien with
the County Clerk describing the property, stating the findings of
the city at the hearing at which the building was determined to be
unsecured, and stating that the city claims a lien on said property
for the costs of boarding and securing such building.
e.
Pursuant to the order of the City Commission the city officials 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 city.
f.
After an unsecured building has been boarded and secured, the City Commission shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith. The City 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 Section 14-26 of this.
If the city 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 City of Weatherford for costs incurred,
the City 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 30 days 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 costs 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
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 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 costs and interest are fully paid.
At any time prior to collection as 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.
h.
For the purposes of this section:
(1)
BOARDING AND SECURING or BOARDED AND SECURED – Shall mean
the closing, boarding or locking of any or all exterior openings so
as to prevent entry into the structure.
(2)
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 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.
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.
1.
The city, through their authorized agents or employees, may enter
upon any lands, waters, or premises for the purposes of making surveys,
sounding or examination as may be necessary for the purpose of establishing,
locating, relocating, constructing, or maintaining any sewer, waterworks,
drain, or public works or facilities. Entry may also be made for the
purpose of terminating any public utility services if the city determines
the existence of a hazard to the health, safety or welfare of the
general public in connection with said services. Said entry shall
not be deemed a trespass, nor shall an entry pursuant to any condemnation
proceedings which may be pending be deemed a trespass. If the city
does not have written consent for entry from the owner or lessee,
the city shall give notice to the owner and lessee of the property
to be entered by certified mail, notice shall be given by publication.
2.
The city shall make reimbursement for any actual damages to lands,
water, or premises as a result of the entry onto the property as authorized
in this section. If there is a disagreement as to the amount of any
damage, either the person incurring any damage to land, water, or
premises or the city may file a petition with the district court in
the county where the alleged damage occurred requesting the appointment
of a commissioner to appraise the damage and proceed to have the damage
determined as in condemnation proceedings.
