{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-22-112.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-22-112.4","heading":"Abandoned building as public nuisance – Abatement –","body":"Petition for removal – Administrative officer or body – Definitions\n\n– Appeal – Damages or loss of property.\n\nA. An abandoned building shall constitute a public nuisance\n\nbecause it:\n\n1. Is detrimental to the public health, safety or welfare of\n\nthe inhabitants of and visitors to the municipality;\n\n2. Causes increased municipal regulatory costs and increased\n\nmunicipal police and fire protection costs; and\n\n3. Devalues abutting and nearby real properties.\n\nB. A municipal governing body may abate the public nuisance\n\ncaused by an abandoned building within the municipal limits in\n\naccordance with the following procedures:\n\n1. At least ten (10) days' notice that an abandoned building is\n\nto be abated pursuant to the procedures for abatement set forth in\n\nthis section shall be given to the owner of the property before the\n\ngoverning body holds a hearing. A copy of the notice shall be sent\n\nby mail to the property owner at the address shown by the current\n\nyear's tax rolls in the office of the county treasurer. Written\n\nnotice shall also be sent by mail to any mortgage holder as shown by\n\nthe records in the office of the county clerk to the last-known\n\naddress of the mortgage holder. At the time of mailing of notice to\n\nany property owner or mortgage holder, the municipality shall obtain\n\na receipt of mailing from the postal service, the receipt of which\n\nshall indicate the date of mailing and the name and address of the\n\nmailee. However, if neither the property owner nor mortgage holder\n\ncan be located, notice may be given by posting a copy of the notice\n\non the property and by publication as defined in Section 1-102 of\n\nTitle 11 of the Oklahoma Statutes. Such notice shall be published\n\nonce not less than ten (10) days prior to any hearing or action by\n\nthe municipality pursuant to the provisions of this section;\n\n2. A hearing shall be held by the governing body to determine\n\nif the property is an abandoned building as defined by this section;\n\n3. Pursuant to a determination that the building is an\n\nabandoned building, the governing body may order the agents of the\n\nmunicipality to pursue abatement of the public nuisance caused by\n\nthe building and shall order the municipal clerk to place the\n\nbuilding on an abandoned building list to be maintained by the\n\nclerk. At any time after such determination and order, the agents\n\nof the municipality may cause the public nuisance to be abated as\n\nauthorized in this section, and such abatement may continue until\n\nsuch time as the building is removed from the abandoned building\n\nlist in accordance with the procedures set forth in subsection C of\n\nthis section;\n\n4. Abatement of an abandoned building by the municipality may\n\ninclude any or all of the following:\n\na. any lawful municipal regulatory or municipal police\n\nand fire protection action in relation to the\n\nabandoned building or the owner of such building\n\nnecessary or appropriate for the protection of\n\ninhabitants in and visitors to the municipality. Upon\n\nreceipt of any necessary warrant to authorize such\n\naction, the agents of the municipality are granted the\n\nright of entry onto the property for the performance\n\nof any such action as a governmental function of the\n\nmunicipality,\n\nb. the quarterly assessment against the property on which\n\nthe abandoned building is located and against the\n\nowner of the abandoned building of the actual costs of\n\nany municipal regulatory action taken in relation to\n\nthe abandoned building or the owner of such building\n\nas authorized above,\n\nc. the assessment against the property on which the\n\nabandoned building is located and against the owner of\n\nthe abandoned building of the actual costs of any\n\nmunicipal police or fire protection action taken in\n\nrelation to the abandoned building or the owner of\n\nsuch building as authorized above, and\n\nd. an assessment for any other actual expenses incurred\n\nby the municipality in relation to the abandoned\nessment against the property on which the\n\nabandoned building is located and against the owner of\n\nthe abandoned building of the actual costs of any\n\nmunicipal police or fire protection action taken in\n\nrelation to the abandoned building or the owner of\n\nsuch building as authorized above, and\n\nd. an assessment for any other actual expenses incurred\n\nby the municipality in relation to the abandoned\n\nbuilding, including, but not limited to, the costs of\n\nnotices, mailings and publications;\n\n5. After the determination that a building is an abandoned\n\nbuilding, and before commencement of any of the abatement actions\n\nauthorized by paragraphs 3 and 4 of this subsection, the municipal\n\nclerk shall file a notice of lien with the county clerk describing\n\nthe property, the findings of the governing body at the hearing, and\n\nstating that the municipality claims a lien on the property for all\n\nabatement costs and that such costs shall also constitute the\n\npersonal obligation of the property owner from and after the date of\n\nfiling of the notice;\n\n6. From and after the determination that a building is an\n\nabandoned building, and continuing until such time as the building\n\nis removed from the abandoned building list in accordance with the\n\nprocedures set forth in subsection C of this section, the municipal\n\nclerk shall determine the actual quarterly abatement costs for the\n\nabatement procedures authorized by this section. After such\n\ndetermination, the municipal clerk shall mail a statement of the\n\nactual quarterly abatement costs for the abatement procedures\n\nauthorized by this section to the property owner and demand the\n\npayment of such costs by the owner. In addition, a copy of the\n\nstatement shall be mailed to any mortgage holder at the address\n\nprovided for in paragraph 1 of this subsection. At the time of\n\nmailing of the statement of costs to any property owner or mortgage\n\nholder, the municipal clerk shall obtain a receipt of mailing from\n\nthe postal service, the receipt of which shall indicate the date of\n\nmailing and the name and address of the mailee; and\n\n7. When full payment is made to the municipal clerk for actual\n\nabatement costs incurred and billed in accordance with paragraph 6\n\nof this subsection, the municipal clerk shall send the property\n\nowner and any mortgage holder by mail a receipt for such payment;\n\nbut if payment attributable to the actual quarterly costs of such\n\nabatement is not made within six (6) months from the date of the\n\nmailing of the statement to the owner of such property, a lien in\n\nthe actual amount of the abatement shall be filed against the\n\nabandoned building. Until finally paid, the costs and the interest\n\nthereon shall be the personal obligation of the property owner from\n\nand after the date the notice of lien was filed with the county\n\nclerk. In addition, the costs and the interest thereon shall be a\n\nlien against the property from the date the notice of lien was filed\n\nwith the county clerk. The lien shall be coequal with the lien of\n\nad valorem taxes and all other taxes and special assessments and\n\nshall be prior and superior to all other titles and liens against\n\nthe property. The lien shall continue until the cost is fully paid.\n\nA mineral interest, if severed from the surface interest and not\n\nowned by the surface owner, shall not be subject to any lien created\n\npursuant to this section. Upon receiving full payment, the\n\nmunicipal clerk shall forward to the county clerk a notice of\n\ndischarge of the lien.\n\nC. Any owner or mortgage holder of any building determined by\n\nthe governing body of the municipality to be an abandoned building\n\npursuant to this section may petition the governing body in writing\n\nat any time after such determination for removal of such building\n\nfrom the abandoned building list maintained by the municipal clerk.\n\nAny such petition shall be filed with the municipal clerk. Within\n. Any owner or mortgage holder of any building determined by\n\nthe governing body of the municipality to be an abandoned building\n\npursuant to this section may petition the governing body in writing\n\nat any time after such determination for removal of such building\n\nfrom the abandoned building list maintained by the municipal clerk.\n\nAny such petition shall be filed with the municipal clerk. Within\n\nthirty (30) days after such petition is filed with the municipal\n\nclerk, the governing body shall hold a hearing to determine if the\n\nbuilding is no longer an abandoned building. Upon such a\n\ndetermination, the governing body shall order the building removed\n\nfrom the abandoned building list. The municipal clerk shall comply\n\nwith such order by removing the building from the abandoned building\n\nlist; provided, the real property on which the abandoned building is\n\nlocated and the owner of such building shall remain liable for\n\npayment of any and all abatement costs incurred by the municipality\n\nprior to the determination and order by the governing body that the\n\nbuilding should be removed from the abandoned building list. Upon\n\nfull payment of any costs certified against the property, the\n\nmunicipal clerk shall file a release of the notice of the lien in\n\nthe county clerk's office within ten (10) days after receiving such\n\npayment.\n\nD. The governing body may designate, by ordinance, an\n\nadministrative officer or administrative body of the municipality to\n\ncarry out any or all of the duties of the governing body specified\n\nin this section. The property owner shall have the right of appeal\n\nto the governing body from any order of the administrative officer\n\nor administrative body. Such appeal shall be taken by filing a\n\nwritten notice of appeal with the municipal clerk within ten (10)\n\ndays after the administrative order is delivered or mailed to the\n\nowner at the address shown in the county treasurer records.\n\nE. For purposes of this section:\n\n1. \"Abandoned building\" means any building located within the\n\nmunicipality that is not currently occupied and has been declared\n\nunsecured or dilapidated pursuant to Section 22-112 or 22-112.1 of\n\nTitle 11 of the Oklahoma Statutes and remains in such condition; and\n\n2. \"Owner\" means the owner of record as shown by the most\n\ncurrent tax roles of the county treasurer.\n\nF. The provisions of this section shall not apply to any\n\nproperty zoned and used for agricultural purposes.\n\nG. The officers, employees or agents of the municipality shall\n\nnot be liable for any damages or loss of property due to the\n\nabatement of the public nuisance caused by an abandoned building\n\nperformed pursuant to the provisions of this section or as otherwise\n\nprovided by law.","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":"fe989312c3c5701be91ec71c377ab8e0fb546920fdc773c073a8f0d4a5e1b8e4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-22-112.3","next":"us-ok/okla.-stat.-tit.-11-11-22-112.5"},"notice":"GroundRules: Original legal text. Not legal advice."}