Okla. Stat. tit. 11, § 11-22-112.1

Definitions.

A. After a building has been declared dilapidated, as provided

in Section 22-112 of this title, and before the commencement of the

tearing and removal of a dilapidated building, the governing body of

any municipality may authorize that such a building be boarded and

secured. However, if the dilapidated building is vacant and unfit

for human occupancy, the governing body of any municipality may

authorize the structure to be demolished pursuant to Section 22-112

of this title.

B. A governing body of any municipality may cause the premises

on which an unsecured building is located to be cleaned of trash and

weeds in accordance with the provisions of Section 22-111 of this

title.

C. A governing body of any municipality may cause an unsecured

building to be boarded and secured in accordance with the following

procedures:

1. Before the governing body orders such action, at least ten

(10) days' notice that such unsecured building is to be boarded and

secured shall be given by mail to any property owners and mortgage

holders as provided in Section 22-112 of this title. At the time of

Oklahoma Statutes - Title 11. Cities and Towns Page 167

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. A copy of the notice shall also be

posted on the property to be affected. 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. Such notice

shall be published one time, not less than ten (10) days prior to

any hearing or action by the municipality pursuant to the provisions

of this section. If a municipal governing body anticipates summary

abatement of a nuisance in accordance with the provisions of

paragraph 9 of this subsection, the notice shall state: that any

subsequent need for boarding and securing the building within a six-

month period after the initial boarding and securing of the building

pursuant to such notice may be summarily boarded and secured by the

municipal governing body; that the costs of such boarding and

securing shall be assessed against the owner; and that a lien may be

imposed on the property to secure such payment, all without further

prior notice to the property owner or mortgage holder;

2. The owner of the property 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 written consent, the owner waives any right the owner has to

a hearing by the municipal governing body;

3. If the property owner does not give written consent to such

actions, a hearing may be held by the municipal governing body to

determine whether the boarding and securing of such unsecured

building would promote and benefit the public health, safety or

welfare. Such hearing may be held in conjunction with a hearing on

the accumulation of trash or the growth of weeds or grass on the

premises of such unsecured building held pursuant to the provisions

of paragraph 3 of subsection A of Section 22-111 of this title. In

making such determination, the governing body shall apply the

following standard: the governing body may order the boarding and

securing of the unsecured building when the boarding and securing

thereof would make such building less available for transient

occupation, decrease a fire hazard created by such building, or

decrease the hazard that such building would constitute an

attractive nuisance to children.

Upon making the required determination, the municipal governing

body may order the boarding and securing of the unsecured building;

4. After the governing body orders the boarding and securing of
such building less available for transient

occupation, decrease a fire hazard created by such building, or

decrease the hazard that such building would constitute an

attractive nuisance to children.

Upon making the required determination, the municipal governing

body may order the boarding and securing of the unsecured building;

4. After the governing body orders the boarding and securing of

such unsecured building, the municipal 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,

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and stating that the municipality claims a lien on the 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 the notice;

5. Pursuant to the order of the governing body, the agents of

the municipality are granted the right of entry on the property for

the performance of the boarding and securing of such building and

for the performance of all necessary duties as a governmental

function of the municipality;

6. After an unsecured building has been boarded and secured,

the governing body shall determine the actual costs of such actions

and any other expenses that may be necessary in conjunction

therewith including the cost of the notice and mailing. The

municipal clerk shall forward a statement of the actual costs

attributable to the boarding and securing of the unsecured building

and a demand for payment of such costs, by mail to any property

owners and mortgage holders as provided in Section 22-112 of this

title. 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 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

actions. If such actions are done on a private contract basis, the

contract shall be awarded to the lowest and best bidder;

7. 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 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

municipal 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. 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. 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

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and shall be prior and superior to all other titles and liens

against the property. The lien shall continue until the costs and
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

Oklahoma Statutes - Title 11. Cities and Towns Page 169

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. 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 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. Upon receiving

payment, the municipal clerk shall forward to the county treasurer a

notice of such payment and shall direct discharge of the lien;

8. The municipality may designate by ordinance an

administrative officer or administrative body to carry out the

duties of the governing body specified in subsection C of this

section. The property owner or mortgage holder shall have a 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;

9. If a municipal governing body causes a structure within the

municipal limits to be boarded and secured, any subsequent need for

boarding and securing within a six-month period constitutes a public

nuisance and may be summarily boarded and secured without further

prior notice to the property owner or mortgage holder. At the time

of each such summary boarding and securing, the municipality shall

notify the property owner and mortgage holder of the boarding and

securing and the costs thereof. The notice shall state that the

property owner may request an appeal with the municipal clerk within

ten (10) days after the mailing of the notice. The notice and

hearing shall be as provided for in paragraph 1 of this subsection.

Unless otherwise determined at the hearing the cost of such boarding

and securing shall be determined and collected as provided for in

paragraphs 6 and 7 of this subsection;

10. A governing body of any municipality may determine that a

building is unsecured and order that such building be boarded and

secured in the manner provided for in this subsection even though

such building has not been declared, by the governing body, to be

dilapidated; and

11. For the purposes of this subsection:

a. "boarding and securing" or "boarded and secured" means

the closing, boarding or locking of any or all

exterior openings so as to prevent entry into the

structure,

b. "unsecured building" shall mean 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

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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, and

c. "unfit for human occupancy" means a structure that due

to lack of necessary repairs is considered

uninhabitable and is a hazard to the health, safety,

and welfare of the general public.

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

property zoned and used for agricultural purposes.