§ 209. Liability for costs.

A.

Any person or entity who fails to abate any nuisance after proper notice shall be liable to the City for all expenses incurred in the abatement of the nuisance. The City may pursue its right of action to recover all such costs following any and all reasonable legal methods, including installment payment contracts, administered by the Finance Department, as hereinafter provided. The City may recover the costs incurred in abating a sanitary sewer nuisance by adding the same to the utility bill of any person found to be liable for the nuisance. To recover the costs incurred in abating any type of nuisance, the City may impose a lien on the subject property to secure payment of such costs. The procedure for establishing such lien may include, but is not limited to, that set forth in 11 O.S.2001, § 22-111, as amended. The procedure for establishing such lien for demolition of a building may include, but is not limited to, that set forth in 11 O.S.2001, § 22-112, as amended. The procedure for establishing such lien for boarding and securing a building may include, but is not limited to, that set forth in 11 O.S.2001, § 22-112.1, as amended.

B.

Criteria for citizen participation in this program of installment payments of nuisance abatement costs are as follows:

Each applicant shall:

1.

Own legal title to the real property from which the nuisance was abated;

2.

Occupy the subject property as his or her homestead;

3.

Have no other abatement procedure pending on any property owned by the applicant;

4.

Have no other debts to the City of Tulsa in default status;

5.

Have no outstanding arrest warrants; and

6.

Have no other active installment payment contract with the City of Tulsa.

C.

The Finance Department is hereby authorized to verify the applicant's qualifications under the criteria listed above, and thereafter process an installment payment contract in conformity with these provisions.

D.

Should the Finance Department conclude that the applicant does not qualify for the installment payment program, a letter shall be mailed to the applicant identifying the reasons for denial.

E.

Any citizen who applies for the installment payment program described herein and is denied participation may appeal his or her denial by filing with the Council Secretary, within ten (10) business days from the date the denial letter was mailed, a written request for a hearing before the Council which details the basis for the appeal and demonstrates why he or she should be allowed to make installment payments as contemplated herein.

F.

Upon hearing the appeal, the Council may waive all or a part of the criteria set forth in Subsection B, above.

G.

In addition to the City's right to recover its expenses for abating a nuisance as provided in Subsections A through F hereof, the City may pursue an action in District Court to recover a judgment for all remedial civil penalties imposed herein.

(Ord. Nos. 17942, 18205, 20383, 20495, 21596; Ord. No. 22995, § 5, 12-12-2013)