{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-22-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-22-112","heading":"Condemnation – Procedures – Administrative officer or","body":"body – Definitions - Nuisance – Damages or loss of property –\n\nAgricultural property.\n\nA. A municipal governing body may cause dilapidated buildings\n\nwithin the municipal limits to be torn down and removed in\n\naccordance with the following procedures:\n\n1. At least ten (10) days' notice that a building is to be torn\n\ndown or removed shall be given to the owner of the property before\n\nthe governing body holds a hearing. A copy of the notice shall be\n\nposted on the property to be affected. In addition, a copy of the\n\nnotice shall be sent by mail to the property owner at the address\n\nshown by the current year's tax rolls in the office of the county\n\ntreasurer. Written notice shall also be mailed to any mortgage\n\nholder as shown by the records in the office of the county clerk to\n\nthe last-known address of the mortgagee. At the time of mailing of\n\nnotice to any property owner or mortgage holder, the municipality\n\nshall obtain a receipt of mailing from the postal service, which\n\nreceipt shall indicate the date of mailing and the name and address\n\nof the mailee. However, if neither the property owner nor mortgage\n\nholder can be located, notice may be given by posting a copy of the\n\nnotice on the property, or by publication as defined in Section 1-\n\n102 of this title. The notice may be published once not less than\n\nten (10) days prior to any hearing or action by the municipality\n\npursuant to the provisions of this section;\n\n2. A hearing shall be held by the governing body to determine\n\nif the property is dilapidated and has become detrimental to the\n\nhealth, safety, or welfare of the general public and the community,\n\nor if the property creates a fire hazard which is dangerous to other\n\nproperty;\n\n3. Pursuant to a finding that the condition of the property\n\nconstitutes a detriment or a hazard and that the property would be\n\nbenefited by the removal of such conditions, the governing body may\n\ncause the dilapidated building to be torn down and removed. The\n\ngoverning body shall fix reasonable dates for the commencement and\n\ncompletion of the work. The municipal clerk shall immediately file\n\na notice of dilapidation and lien with the county clerk describing\n\nthe property, the findings of the municipality at the hearing, and\n\nstating that the municipality claims a lien on the property for the\n\ndestruction and removal costs and that such costs are the personal\n\nobligation of the property owner from and after the date of filing\n\nof the notice. The agents of the municipality are granted the right\n\nof entry on the property for the performance of the necessary duties\n\nas a governmental function of the municipality if the work is not\n\nperformed by the property owner within dates fixed by the governing\n\nbody. Any action to challenge the order of the municipal governing\n\nbody shall be filed within thirty (30) business days from the date\n\nof the order;\n\n4. The governing body shall determine the actual cost of the\n\ndismantling and removal of dilapidated buildings and any other\n\nexpenses that may be necessary in conjunction with the dismantling\n\nand removal of the buildings, including the cost of notice and\n\nmailing. The municipal clerk shall forward a statement of the\n\nactual cost attributable to the dismantling and removal of the\n\nbuildings and a demand for payment of such costs, by mail to the\n\nproperty owner. In addition, a copy of the statement shall be\n\nmailed to any mortgage holder at the address provided for in\n\nparagraph 1 of this subsection. At the time of mailing of the\n\nstatement of costs to any property owner or mortgage holder, the\n\nmunicipality shall obtain a receipt of mailing from the postal\n\nservice, which receipt shall indicate the date of mailing and the\n\nname and address of the mailee. If a municipality dismantles or\n\nremoves any dilapidated buildings, the cost to the property owner\n\nshall not exceed the actual cost of the labor, maintenance, and\nof the\n\nstatement of costs to any property owner or mortgage holder, the\n\nmunicipality shall obtain a receipt of mailing from the postal\n\nservice, which receipt shall indicate the date of mailing and the\n\nname and address of the mailee. If a municipality dismantles or\n\nremoves any dilapidated buildings, the cost to the property owner\n\nshall not exceed the actual cost of the labor, maintenance, and\n\nequipment required for the dismantling and removal of the\n\ndilapidated buildings. If dismantling and removal of the\n\ndilapidated buildings is done on a private contract basis, the\n\ncontract shall be awarded to the lowest and best bidder; and\n\n5. When payment is made to the municipality for costs incurred,\n\nthe municipal clerk shall file a release of lien, but if payment\n\nattributable to the actual cost of the dismantling and removal of\n\nthe buildings is not made within six (6) months from the date of the\n\nmailing of the statement to the owner of such property, the\n\nmunicipal clerk shall forward a certified statement of the amount of\n\nthe cost to the county treasurer of the county in which the property\n\nis located. Once certified to the county treasurer, payment may\n\nonly be made to the county treasurer except as otherwise provided\n\nfor in this section. The costs shall be levied on the property and\n\ncollected by the county treasurer as are other taxes authorized by\n\nlaw. Until finally paid, the costs and the interest thereon shall\n\nbe the personal obligation of the property owner from and after the\n\ndate of the notice of dilapidation and lien is filed with the county\n\nclerk. In addition the cost and the interest thereon shall be a\n\nlien against the property from the date the notice of the lien is\n\nfiled with the county clerk. The lien shall be coequal with the\n\nlien of ad valorem taxes and all other taxes and special assessments\n\nand shall be prior and superior to all other titles and liens\n\nagainst the property. The lien shall continue until the cost is\n\nfully paid. At the time of collection, the county treasurer shall\n\ncollect a fee of Five Dollars ($5.00) for each parcel of property.\n\nThe fee shall be deposited to the credit of the general fund of the\n\ncounty. If the county treasurer and the municipality agree that the\n\ncounty treasurer is unable to collect the assessment, the\n\nmunicipality may pursue a civil remedy for collection of the amount\n\nowing and interest thereon including an action in personam against\n\nthe property owner and an action in rem to foreclose its lien\n\nagainst the property. A mineral interest, if severed from the\n\nsurface interest and not owned by the surface owner, shall not be\n\nsubject to any tax or judgment lien created pursuant to this\n\nsection. Upon receiving payment, the municipal clerk shall forward\n\nto the county treasurer a notice of such payment and shall direct\n\ndischarge of the lien.\n\nB. The municipality may designate, by ordinance, an\n\nadministrative officer or administrative body to carry out the\n\nduties of the governing body specified in this section. The\n\nproperty owner shall have the right of appeal to the municipal\n\ngoverning body from any order of the administrative officer or\n\nadministrative body. Such appeal shall be taken by filing written\n\nnotice of appeal with the municipal clerk within ten (10) days after\n\nthe administrative order is rendered.\n\nC. For the purposes of this section:\n\n1. \"Dilapidated building\" means:\n\na. a structure which through neglect or injury lacks\n\nnecessary repairs or otherwise is in a state of decay\n\nor partial ruin to such an extent that the structure\n\nis a hazard to the health, safety, or welfare of the\n\ngeneral public,\n\nb. a structure which is unfit for human occupancy due to\n\nthe lack of necessary repairs and is considered\n\nuninhabitable or is a hazard to the health, safety,\n\nand welfare of the general public,\n\nc. a structure which is determined by the municipal\nise is in a state of decay\n\nor partial ruin to such an extent that the structure\n\nis a hazard to the health, safety, or welfare of the\n\ngeneral public,\n\nb. a structure which is unfit for human occupancy due to\n\nthe lack of necessary repairs and is considered\n\nuninhabitable or is a hazard to the health, safety,\n\nand welfare of the general public,\n\nc. a structure which is determined by the municipal\n\ngoverning body or administrative officer of the\n\nmunicipal governing body to be an unsecured building,\n\nas defined by Section 22-112.1 of this title, more\n\nthan three times within any twelve-month period,\n\nd. a structure which has been boarded and secured, as\n\ndefined by Section 22-112.1 of this title, for more\n\nthan six (6) consecutive months, or\n\ne. a structure declared by the municipal governing body\n\nto constitute a public nuisance; and\n\n2. \"Owner\" means the owner of record as shown by the most\n\ncurrent tax rolls of the county treasurer.\n\nD. Nothing in the provisions of this section shall prevent the\n\nmunicipality from abating a dilapidated building as a nuisance or\n\notherwise exercising its police power to protect the health, safety,\n\nor welfare of the general public.\n\nE. The officers, employees or agents of the municipality shall\n\nnot be liable for any damages or loss of property due to the removal\n\nof dilapidated buildings performed pursuant to the provisions of\n\nthis section or as otherwise prescribed by law.\n\nF. The provisions of this section shall not apply to any\n\nproperty zoned and used for agricultural purposes.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"51c25f96f60379adac19dcfdedd5670c3b90f8a686ab9417914ca478e0714ff3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-22-111.1","next":"us-ok/okla.-stat.-tit.-11-11-22-112.1"},"notice":"GroundRules: Original legal text. Not legal advice."}