§ 7-386. Payment; nonpayment within thirty days; lien.

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 costs of the boarding and securing of the unsecured building is not made within thirty (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 to the owner of such property, and the city clerk shall forward a certified statement of the costs to the county treasurer of the county in which the property is located.

(1)

Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. At the time of collection, the county treasurer shall collect a fee of five dollars ($5.00) for each parcel of property and such fee shall be deposited to the general fund of the county. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law;

(2)

Until fully paid the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the notice of unsecured building and lien is filed with the county clerk. In addition 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. The 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 lien shall continue until the costs and interest are fully paid;

(3)

If the county treasurer and the city agree that the county treasurer is unable to collect the assessment, the city may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest if severed from the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section; and

(4)

Upon receiving payment, the city clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.

(Ord. No. 2000-18, § 2, 12-5-00; Ord. No. 2012-15, § 2, 7-3-12)

State law reference

Similar provisions, 11 O.S. Supp. 2001, § 22-112.1.