Okla. Stat. tit. 11, § 11-22-112

body – Definitions - Nuisance – Damages or loss of property –

Agricultural property.

A. A municipal governing body may cause dilapidated buildings

within the municipal limits to be torn down and removed in

accordance with the following procedures:

1. At least ten (10) days' notice that a building is to be torn

down or removed shall be given to the owner of the property before

the governing body 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 mail 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. At the time of mailing of

notice to any property owner or mortgage holder, the municipality

shall obtain a receipt of mailing from the postal service, which

receipt shall indicate the date of mailing and the name and address

of the mailee. However, if neither the property owner nor mortgage

holder can be located, notice may be given by posting a copy of the

notice on the property, or by publication as defined in Section 1-

102 of this title. The notice may be published once not less than

ten (10) days prior to any hearing or action by the municipality

pursuant to the provisions of this section;

2. A hearing shall be held by the governing body 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 the 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

Oklahoma Statutes - Title 11. Cities and Towns Page 164

benefited by the removal of such conditions, the governing body may

cause the dilapidated building to be torn down and removed. The

governing body shall fix reasonable dates for the commencement and

completion of the work. The municipal clerk shall immediately file

a notice of dilapidation and lien with the county clerk describing

the property, the findings of the municipality at the hearing, and

stating that the municipality claims a lien on the property for the

destruction and removal costs and that such costs are the personal

obligation of the property owner from and after the date of filing

of the notice. The agents of the municipality are granted the right

of entry on the property for the performance of the necessary duties

as a governmental function of the municipality if the work is not

performed by the property owner within dates fixed by the governing

body. Any action to challenge the order of the municipal governing

body shall be filed within thirty (30) business days from the date

of the order;

4. The governing body 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 municipal clerk shall forward a statement of the

actual cost attributable to the dismantling and removal of the

buildings and a demand for payment of such costs, by mail to the

property owner. In addition, a copy of the statement shall be

mailed to any mortgage holder at the address provided for in

paragraph 1 of this subsection. At the time of mailing of the

statement of costs to any property owner or mortgage holder, the

municipality shall obtain a receipt of mailing from the postal

service, which receipt shall indicate the date of mailing and the

name and address of the mailee. If a municipality dismantles or

removes any dilapidated buildings, the cost to the property owner

shall not exceed the actual cost of the labor, maintenance, and
of the

statement of costs to any property owner or mortgage holder, the

municipality shall obtain a receipt of mailing from the postal

service, which receipt shall indicate the date of mailing and the

name and address of the mailee. If a municipality 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 buildings. 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; and

5. When payment is made to the municipality for costs incurred,

the municipal clerk shall file a release of lien, but if payment

attributable to the actual cost of the dismantling and removal of

the buildings is not made within six (6) months from the date of the

mailing of the statement to the owner of such property, the

municipal clerk shall forward a certified statement of the amount of

the cost to the county treasurer of the county in which the property

is located. Once certified to the county treasurer, payment may

only be made to the county treasurer except as otherwise provided

for in this section. The costs shall be levied on the property and

collected by the county treasurer as are other taxes authorized by

Oklahoma Statutes - Title 11. Cities and Towns Page 165

law. Until finally paid, the costs and the interest thereon shall

be the personal obligation of the property owner from and after the

date of the notice of dilapidation and lien is filed with the county

clerk. In addition 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 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 cost is

fully paid. At the time of collection, the county treasurer shall

collect a fee of Five Dollars ($5.00) for each parcel of property.

The fee shall be deposited to the credit of the general fund of the

county. If the county treasurer and the municipality agree that the

county treasurer is unable to collect the assessment, the

municipality may pursue a civil remedy for collection of the amount

owing and interest thereon including 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 interest and not owned by the surface owner, shall not be

subject to any tax or judgment lien created pursuant to this

section. Upon receiving payment, the municipal clerk shall forward

to the county treasurer a notice of such payment and shall direct

discharge of the lien.

B. The municipality may designate, by ordinance, an

administrative officer or administrative body to carry out the

duties of the governing body specified in this section. The

property owner shall have the right of appeal to the municipal

governing body from any order of the administrative officer or

administrative body. Such appeal shall be taken by filing written

notice of appeal with the municipal clerk within ten (10) days after

the administrative order is rendered.

C. For the purposes of this section:

1. "Dilapidated building" means:

a. 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,

b. 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,

c. a structure which is determined by the municipal
ise 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,

b. 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,

c. a structure which is determined by the municipal

governing body or administrative officer of the

municipal governing body to be an unsecured building,

as defined by Section 22-112.1 of this title, more

than three times within any twelve-month period,

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d. a structure which has been boarded and secured, as

defined by Section 22-112.1 of this title, for more

than six (6) consecutive months, or

e. a structure declared by the municipal governing body

to constitute a public nuisance; and

2. "Owner" means the owner of record as shown by the most

current tax rolls of the county treasurer.

D. Nothing in the provisions of this section shall prevent the

municipality 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.

E. The officers, employees or agents of the municipality shall

not be liable for any damages or loss of property due to the removal

of dilapidated buildings performed pursuant to the provisions of

this section or as otherwise prescribed by law.

F. The provisions of this section shall not apply to any

property zoned and used for agricultural purposes.