§ 6-5-1-503. Amendments to International Property Maintenance Code, 2009 edition.

The International Property Maintenance Code, 2009 edition, is hereby amended, revised and supplemented as follows:

A.

Section 101.1 entitled "Title" is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Property Maintenance Code of Lawton, Oklahoma, hereinafter referred to as the "property maintenance code".

B.

Section 106.4 entitled "Violation Penalties" is hereby amended to read as follows:

106.4 Violation Penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction be subject to a penalty as provided in Section 1-119 of the Lawton City Code. Each separate day or any portion thereof during which any violation of this property maintenance code occurs or continues shall be deemed to constitute a separate offense.

C.

Section 107.1 entitled "Notice to person responsible" is hereby amended to read as follows:

107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this property maintenance code or has grounds to believe that a violation has occurred, or whenever the governing body has condemned any structure or equipment under the provisions of Section 108, notice shall be given in the manner prescribed herein or in accordance with applicable state statutes to the person responsible for the violation as specified in the property maintenance code. The code official shall give notice to the owner and to the occupants of the intent to placard and to vacate the property or to order equipment out of service. Notice for condemnation procedures shall also comply with Section 108.3.

D.

Section 107.3 entitled "Method of service" is hereby amended to read as follows:

107.3 Method of service. Notice of violations shall be deemed to be properly served upon the owner if copy thereof is delivered to the owner personally, by leaving the notice at the usual place of abode, by mail addressed to the owner at the last known address, or by posting a copy thereof in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent, or upon the person responsible for the structure, shall constitute service upon the owner. Notice of condemnation of building structures shall be served in accordance with applicable state statutes.

E.

Section 108.1 entitled "General" is hereby amended to read as follows:

108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of state statutes and shall be placarded and vacated. It shall not be reoccupied without the approval of the code official. Unsafe equipment shall be placarded and placed out of service.

F.

Section 108.1.6 entitled "Dilapidated Buildings" is hereby enacted to read as follows:

108.1.6 Dilapidated building is:

1.

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;

2.

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;

3.

a structure which is determined by the municipal governing body or administrative officer of the municipal governing or administrative officer of the municipal governing body to be an unsecured building, as defined by paragraph 108.2.1.1 of this section, more than three (3) times within any twelve-month period;

4.

a structure which has been boarded and secured as defined by paragraph 108.2.1.2 of this section, for more than eighteen (18) consecutive months; or

5.

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

G.

Section 108.1.7 entitled "Post emergency event reconstruction" is hereby enacted to read as follows:

108.1.7 Post emergency event reconstruction. A structure which becomes unsafe or unfit for human occupancy due to an emergency event such as but not limited to wind, fire or flood, must be permitted for reconstruction within ninety (90) days of the event. The initial permit for reconstruction shall be as provided in Section 6-1-1-108(G) of the code. Boarding and securing and/or emergency stabilization of damaged buildings must be accomplished immediately upon release of access control to the owner or person or persons responsible for the property. If the property is not boarded and secured then action as outlined in Section 108.2 shall be taken.

H.

Section 108.2 entitle "Closing of vacant structures" is hereby amended to read as follows:

Section 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance.

I.

Section 108.2.1.1 entitled "Definitions" is hereby enacted to read as follows:

108.2.1.1 Definitions.

1.

"Unsecured structure or 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.

2.

"Boarding and securing" means the closing of an unsecured structure or building as prescribed herein. All exterior openings including doors, windows, basement or cellar hatchways, and holes in exterior walls shall be covered with a minimum of one-half (½) inch exterior sheeting, affixed to the structure with wood screws. All such covering shall be painted with a minimum of one prime coat and one exterior coat which harmonize with the color of the structure. If an access door is required, the front door may be used for this purpose, however, the door lock on the front door must be in good repair and capable of securing the door. Exterior sheets shall not be required on garage doors provided that the garage door has no holes or breaks and may be firmly secured to prevent entry.

J.

Section 108.3 entitled "Notice" is hereby amended to read as follows:

108.3 Notice. Whenever the code official or the governing body has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment, as well as any mortgage holders. The code official shall give the owner, person responsible for the property and any mortgage holders ten (10) calendar days notice to secure the structure; such notice shall be given by first-class mail with the City obtaining a receipt of mailing from the postal service, which receipt shall indicate the date of mailing, and the name and address of the addressee. A copy of the notice and administrative order shall also be posted on the property affected.

K.

Section 108.4 entitled "Placarding" is hereby amended to read as follows:

108.4 Placarding. After the condemnation notice required under the provisions of state statutes had resulted in an order by virtue of failure to comply within the time given, the code official shall post on the premises or structure or parts thereof, or on defective equipment, a placard bearing the words: "Condemned as unfit for human occupancy or use," and a statement of the penalties provided for any occupancy or use or equipment use or for removing the placard. The owner of the person or persons responsible for the correction of violations shall have removed themselves from the property on failure to comply with the correction order in the time specified, but other occupants shall be given a reasonable time thereafter to vacate.

L.

Section 108.8 entitled "Written consent to securing" is hereby enacted to read as follows:

108.8 Written consent to securing. The owner may give written consent to the municipality authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving said written consent, the owner waives the right to a hearing by the governing body or administrative officer.

M.

Section 108.9 entitled "Appeals of administrative orders" is enacted to read as follows:

108.9 Appeals of administrative order. A property owner or mortgage holder may appeal to the governing body the administrative order to board or secure an unsecured building or structure by filing a written notice with the city clerk within ten (10) calendar days after the administrative order is rendered. The date of the hearing of the appeal shall be set by the governing body. The filing of an appeal from the administrative order to the governing body shall stall all actions regarding furtherance of the order until the appeal can be heard.

N.

Section 108.10 entitled "Assessment of costs" is enacted to read as follows:

108.10 Assessment of costs. If the owner or mortgage holder fails to board or secure the unsecured building or structure as specified in the administrative order of the administrative officer or governing body, the municipality may cause the boarding or securing of the unsecured building and the costs of such work assessed against the real property.

1.

After the administrative officer or governing body orders the boarding and securing of such unsecured building, the city clerk shall immediately file a notice of unsecured building and lien with the county clerk describing the property, stating the findings of the municipality at the hearing at which such building was determined to be unsecured and stating that the municipality claims a lien on said property for the costs of boarding and securing such building and that such costs are the personal obligation of the property owner from and after the date of filing said notice.

2.

Pursuant to the order of the administrative officer or the governing body if appealed, the agents of the municipality are granted the right of entry onto the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as governmental functions of the municipality.

3.

After an unsecured building has been boarded and secured, the building official 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 such payment of such costs to any property owners and mortgage holders as provided in Section 108.3 of this Code.

4.

If a municipality 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 action. If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.

5.

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 costs of the boarding and securing of the unsecured building is not made within thirty (30) calendar 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 of the county in which the property is located. 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 municipality, in addition to other means of collection, may pursue any civil remedy for collection of the amount owing and interest thereof. Upon receiving payment, the city clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.

O.

Section 110.1 entitled "General" is hereby amended to read as follows:

110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that the governing body has declared that is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure, or where utilities required to make a structure habitable have not been provided for a period of more than one year to cause an inspection by the code official to determine if the structure is fit for human habitation or occupancy.

P.

Section 110.1.1 entitled "Unreasonable repairs" is hereby enacted to read as follows:

110.1.1 Unreasonable repairs. Wherever the governing body determines that the cost of such repairs would exceed fifty percent (50%) of the current value of such structure, such repairs shall be presumed unreasonable and it shall be presumed for the purpose of this section that such structure is a public nuisance which shall be ordered razed without option on the part of the owner to repair.

Q.

Section 110.3 entitled "Failure to comply " is hereby amended to read as follows:

110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the governing body or other designated officer shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private person, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

R.

Sections 110.4 entitled "Salvage materials, 111.2 entitled "Membership of board", 111.2.1 entitled "Alternate members", 111.2.2 entitled "Chairman", 111.2.3 entitled "Disqualification of member", 111.2.4 entitled "Secretary", 111.2.5 entitled "Compensation of members", 111.3 entitled "Notice of meeting", 111.4 entitled "Open Hearing", 111.5 entitled "Postponed hearing", 111.6 entitled "Board decisions", 111.7 entitled "Court Review" are hereby deleted.

S.

Section 301.4 entitled "Storage areas" is hereby enacted to read as follows:

301.4 Storage areas. All approved open salvage yards and open storage areas shall be completely obscured from surrounding property by a solid screen not less than six feet (1829 mm) in height except as provided by the Lawton City Code, Section 18-216. Storage of debris, junk or construction materials which are not associated with an approved use or permitted construction at that site, shall be prohibited.

(Ord. 2005-22, Amended, 06/10/2005; 2000-42, Amended, 10/24/2000; 00-38, Amended, 10/10/2000; 97-23, Repealed & Replaced, 05/13/1997)

(Ord. 2008-07, Amended, 01/22/2008; 2005-42, Amended, 07/12/2005)

(Ord. No. 10-30, § 1, 7-27-2010; Ord. No. 11056, § 1, 11-29-2011; Ord. No. 14-05, § 8, 3-25-2014)