DILAPIDATED AND/OR UNSECURED BUILDINGS AS A NUISANCE

Tulsa’s residential-use codes were passed to preserve property values and to guard the health of residents and the safety of residential property. Title 24

Nuisances relating to the tearing down and removal of a dilapidated building or structure and to the securing or boarding of an unsecured building or structure.

The following are hereby declared to be nuisances:

DILAPIDATED AND/OR UNSECURED BUILDINGS AS A NUISANCE (SECTION 400.  NUISANCES AFFECTING HEALTH SECTION 101 )

All structures which endanger the health, peace and safety of the public;  All buildings, walls and other structures which have been damaged by fire, decay  and which are so situated as to endanger the safety of the public, or which are otherwise  maintained in violation of any ordinance; (NUISANCES AFFECTING PEACE AND SAFETY  SECTION 103. )

Unsecured structure definition: 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 or other similar unsecured openings which would facilitate an unauthorized entry into the building or structure. (Ord. Nos. 17942, 19772)

The  City is granted the right of entry on the property for the performance of the necessary duties  if the property owner does not perform the work within the dates set by the Hearing Officer.

Any subsequent need for boarding or securing the building within a six (6) month period after the initial boarding of the building-  the costs of such summary boarding or securing shall be assessed against the owner, and a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner or mortgage holder. Ord. Nos. 17942, 21596 SECTION 403. SUMMARY ABATEMENT

A dilapidated structure may be torn down and/or removed if the City of Tulsa determines it to be

1.) uninhabitable

2.) unsecured  more than three (3) times within any twelve-month period; or

3.) which has been boarded and secured (the closing, boarding or locking of any or all exterior openings so as to prevent entry into the building or structure) for more than thirty’-six (36) consecutive months

The cost of such abatement, and the remedial civil penalties imposed, shall be recoverable by the City.   (Ord. Nos. 17942, 21596 SECTION 402. ABATEMENT )                 DEFINITIONS   SECTION 401T

Failure to tear down and remove a dilapidated building or structure, or  failure to board or secure an unsecured structure within the time provided in order of abatement,  shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than ONE THOUSAND DOLLARS ($1,000.00), excluding costs, fees and assessments, or by imprisonment in the City Jail for a period of not more than ninety (90) days, or both fine and imprisonment. Each day of such violation shall constitute a separate offense.

A notice of dilapidation and lien is filed with the County Clerk  for the destruction and removal costs.  A lien on the property for the actual cost of dismantling and removal of the structure before the the cost and the interest shall be a lien against the property. 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 is sent  to the property owner.

The lien shall be coequal with the lien valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property.   SECTION 404. CONDEMNATION OF DILAPIDATED BUILDINGS Ch. 4

Costs shall be levied on the property and collected by the County Treasurers. They are the personal obligation of the property owner from and after the date of the filing of the notice of dilapidation and lien is filed with the County Clerk, until they are finally paid.

CRIMINAL PENALTY SECTION 405   Nuisances Ord. No. 17942,21596

ENFORCEMENT: Report violation or to is the Department of Public Works Neighborhood Inspections Section 596-7698 or to the Mayor’s Action Center (596-2100)

Anyone in Tulsa who commits any nuisance or is an  accessory, or who owns or occupies any property and knowingly permits the creation or continuation of any nuisance  shall be guilty of a misdemeanor offense and upon conviction thereof shall be punished by a fine of not more than ONE THOUSAND DOLLARS ($1,000.00), excluding costs, fees and assessments, or by imprisonment in the City Jail for a period of not more than ninety (90) days, or by both such fine and imprisonment. Each day of such violation shall constitute a separate offense. Ord. Nos. 17942,21596,21954 SECTION 106. CRIMINAL PENALTY

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