{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-22-112.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-22-112.1","heading":"Boarding and securing dilapidated building -","body":"Definitions.\n\nA. After a building has been declared dilapidated, as provided\n\nin Section 22-112 of this title, and before the commencement of the\n\ntearing and removal of a dilapidated building, the governing body of\n\nany municipality may authorize that such a building be boarded and\n\nsecured. However, if the dilapidated building is vacant and unfit\n\nfor human occupancy, the governing body of any municipality may\n\nauthorize the structure to be demolished pursuant to Section 22-112\n\nof this title.\n\nB. A governing body of any municipality may cause the premises\n\non which an unsecured building is located to be cleaned of trash and\n\nweeds in accordance with the provisions of Section 22-111 of this\n\ntitle.\n\nC. A governing body of any municipality may cause an unsecured\n\nbuilding to be boarded and secured in accordance with the following\n\nprocedures:\n\n1. Before the governing body orders such action, at least ten\n\n(10) days' notice that such unsecured building is to be boarded and\n\nsecured shall be given by mail to any property owners and mortgage\n\nholders as provided in Section 22-112 of this title. At the time of\n\nmailing of notice 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. A copy of the notice shall also be\n\nposted on the property to be affected. However, if neither the\n\nproperty owner nor mortgage holder can be located, notice may be\n\ngiven by posting a copy of the notice on the property or by\n\npublication as defined in Section 1-102 of this title. Such notice\n\nshall be published one time, not less than ten (10) days prior to\n\nany hearing or action by the municipality pursuant to the provisions\n\nof this section. If a municipal governing body anticipates summary\n\nabatement of a nuisance in accordance with the provisions of\n\nparagraph 9 of this subsection, the notice shall state: that any\n\nsubsequent need for boarding and securing the building within a six-\n\nmonth period after the initial boarding and securing of the building\n\npursuant to such notice may be summarily boarded and secured by the\n\nmunicipal governing body; that the costs of such boarding and\n\nsecuring shall be assessed against the owner; and that a lien may be\n\nimposed on the property to secure such payment, all without further\n\nprior notice to the property owner or mortgage holder;\n\n2. The owner of the property may give written consent to the\n\nmunicipality authorizing the boarding and securing of such unsecured\n\nbuilding and to the payment of any costs incurred thereby. By\n\ngiving written consent, the owner waives any right the owner has to\n\na hearing by the municipal governing body;\n\n3. If the property owner does not give written consent to such\n\nactions, a hearing may be held by the municipal governing body to\n\ndetermine whether the boarding and securing of such unsecured\n\nbuilding would promote and benefit the public health, safety or\n\nwelfare. Such hearing may be held in conjunction with a hearing on\n\nthe accumulation of trash or the growth of weeds or grass on the\n\npremises of such unsecured building held pursuant to the provisions\n\nof paragraph 3 of subsection A of Section 22-111 of this title. In\n\nmaking such determination, the governing body shall apply the\n\nfollowing standard: the governing body may order the boarding and\n\nsecuring of the unsecured building when the boarding and securing\n\nthereof would make such building less available for transient\n\noccupation, decrease a fire hazard created by such building, or\n\ndecrease the hazard that such building would constitute an\n\nattractive nuisance to children.\n\nUpon making the required determination, the municipal governing\n\nbody may order the boarding and securing of the unsecured building;\n\n4. After the governing body orders the boarding and securing of\nsuch building less available for transient\n\noccupation, decrease a fire hazard created by such building, or\n\ndecrease the hazard that such building would constitute an\n\nattractive nuisance to children.\n\nUpon making the required determination, the municipal governing\n\nbody may order the boarding and securing of the unsecured building;\n\n4. After the governing body orders the boarding and securing of\n\nsuch unsecured building, the municipal clerk shall immediately file\n\na notice of unsecured building and lien with the county clerk\n\ndescribing the property, stating the findings of the municipality at\n\nthe hearing at which such building was determined to be unsecured,\n\nand stating that the municipality claims a lien on the property for\n\nthe costs of boarding and securing such building and that such costs\n\nare the personal obligation of the property owner from and after the\n\ndate of filing the notice;\n\n5. Pursuant to the order of the governing body, the agents of\n\nthe municipality are granted the right of entry on the property for\n\nthe performance of the boarding and securing of such building and\n\nfor the performance of all necessary duties as a governmental\n\nfunction of the municipality;\n\n6. After an unsecured building has been boarded and secured,\n\nthe governing body shall determine the actual costs of such actions\n\nand any other expenses that may be necessary in conjunction\n\ntherewith including the cost of the notice and mailing. The\n\nmunicipal clerk shall forward a statement of the actual costs\n\nattributable to the boarding and securing of the unsecured building\n\nand a demand for payment of such costs, by mail to any property\n\nowners and mortgage holders as provided in Section 22-112 of this\n\ntitle. At the time of mailing of the statement of costs to any\n\nproperty owner or mortgage holder, the municipality shall obtain a\n\nreceipt of mailing from the postal service, which receipt shall\n\nindicate the date of mailing and the name and address of the mailee.\n\nIf a municipality boards and secures any unsecured building, the\n\ncost to the property owner shall not exceed the actual cost of the\n\nlabor, materials and equipment required for the performance of such\n\nactions. If such actions are done on a private contract basis, the\n\ncontract shall be awarded to the lowest and best bidder;\n\n7. 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 costs of the boarding and securing of the\n\nunsecured building is not made within thirty (30) days from the date\n\nof the mailing of the statement to the owner of such property, the\n\nmunicipal clerk shall forward a certified statement of the amount of\n\nthe costs to the county treasurer of the county in which the\n\nproperty is located. Once certified to the county treasurer,\n\npayment may only be made to the county treasurer except as otherwise\n\nprovided for in this section. At the time of collection the county\n\ntreasurer shall collect a fee of Five Dollars ($5.00) for each\n\nparcel of property and such fee shall be deposited to the general\n\nfund of the county. The costs shall be levied on the property and\n\ncollected by the county treasurer as are other taxes authorized by\n\nlaw. Until fully paid, the costs and the interest thereon shall be\n\nthe personal obligation of the property owner from and after the\n\ndate the notice of unsecured building and lien is filed with the\n\ncounty clerk. In addition the costs and the interest thereon shall\n\nbe a lien against the property from the date the notice of the lien\n\nis filed 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 costs and\nshall\n\nbe a lien against the property from the date the notice of the lien\n\nis filed 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 costs and\n\ninterest are fully paid. If the county treasurer and the\n\nmunicipality agree that the county treasurer is unable to collect\n\nthe assessment, the municipality may pursue a civil remedy for\n\ncollection of the amount owing and interest thereon by an action in\n\npersonam against the property owner and an action in rem to\n\nforeclose its lien against the property. A mineral interest if\n\nsevered from the surface owner, shall not be subject to any tax or\n\njudgment lien created pursuant to this section. Upon receiving\n\npayment, the municipal clerk shall forward to the county treasurer a\n\nnotice of such payment and shall direct discharge of the lien;\n\n8. 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 subsection C of this\n\nsection. The property owner or mortgage holder shall have a right\n\nof appeal to the municipal governing body from any order of the\n\nadministrative officer or administrative body. Such appeal shall be\n\ntaken by filing written notice of appeal with the municipal clerk\n\nwithin ten (10) days after the administrative order is rendered;\n\n9. If a municipal governing body causes a structure within the\n\nmunicipal limits to be boarded and secured, any subsequent need for\n\nboarding and securing within a six-month period constitutes a public\n\nnuisance and may be summarily boarded and secured without further\n\nprior notice to the property owner or mortgage holder. At the time\n\nof each such summary boarding and securing, the municipality shall\n\nnotify the property owner and mortgage holder of the boarding and\n\nsecuring and the costs thereof. The notice shall state that the\n\nproperty owner may request an appeal with the municipal clerk within\n\nten (10) days after the mailing of the notice. The notice and\n\nhearing shall be as provided for in paragraph 1 of this subsection.\n\nUnless otherwise determined at the hearing the cost of such boarding\n\nand securing shall be determined and collected as provided for in\n\nparagraphs 6 and 7 of this subsection;\n\n10. A governing body of any municipality may determine that a\n\nbuilding is unsecured and order that such building be boarded and\n\nsecured in the manner provided for in this subsection even though\n\nsuch building has not been declared, by the governing body, to be\n\ndilapidated; and\n\n11. For the purposes of this subsection:\n\na. \"boarding and securing\" or \"boarded and secured\" means\n\nthe closing, boarding or locking of any or all\n\nexterior openings so as to prevent entry into the\n\nstructure,\n\nb. \"unsecured building\" shall mean any structure which is\n\nnot occupied by a legal or equitable owner thereof, or\n\nby a lessee of a legal or equitable owner, and into\n\nwhich there are one or more unsecured openings such as\n\nbroken windows, unlocked windows, broken doors,\n\nunlocked doors, holes in exterior walls, holes in the\n\nroof, broken basement or cellar hatchways, unlocked\n\nbasement or cellar hatchways or other similar\n\nunsecured openings which would facilitate an\n\nunauthorized entry into the structure, and\n\nc. \"unfit for human occupancy\" means a structure that due\n\nto lack of necessary repairs is considered\n\nuninhabitable and is a hazard to the health, safety,\n\nand welfare of the general public.\n\nD. 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":"ef5a8d46b86fe51f3f3d559939ee0b2092b2bb48afe08920f3c380f0bd30fec0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-22-112","next":"us-ok/okla.-stat.-tit.-11-11-22-112.2"},"notice":"GroundRules: Original legal text. Not legal advice."}