{"data":{"id":"us-ok/okla.-stat.-tit.-19-19-360","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 19, § 19-360","heading":"Dilapidated buildings in unincorporated areas - Tearing","body":"down and removal.\n\nThe board of county commissioners of any county in this state\n\nwith a population in excess of five hundred fifty thousand (550,000)\n\nmay cause dilapidated buildings within the unincorporated area of\n\nthe county to be torn down and removed in accordance with the\n\nprovisions in this section.\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 board of county commissioners holds a hearing. A copy of the\n\nnotice shall be posted on the property to be affected. In addition,\n\na copy of said notice shall be sent by mail to the property owner at\n\nthe address shown by the current year's tax rolls in the office of\n\nthe county treasurer. Written notice shall also be mailed to any\n\nmortgage holder as shown by the records in the office of the county\n\nclerk to the last-known address of the mortgagee. At the time of\n\nmailing of notice to any property owner or mortgage holder, the\n\ncounty shall obtain a receipt of mailing from the postal service,\n\nwhich receipt shall indicate the date of mailing and the name and\n\naddress of the mailee. However, if neither the property owner nor\n\nmortgage holder can be located, notice shall be given by posting a\n\ncopy of the notice on the property, and by publication in a\n\nnewspaper having a general circulation in the county. Such notice\n\nshall be published once not less than ten (10) days prior to any\n\nhearing or action by the board of county commissioners pursuant to\n\nthe provisions of this section.\n\n2. A hearing shall be held by the board of county commissioners\n\nto determine if the property is dilapidated and has become\n\ndetrimental to the health, safety, or welfare of the general public\n\nand the community, or if said property creates a fire hazard which\n\nis dangerous to other property.\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 board of county\n\ncommissioners may cause the dilapidated building to be torn down and\n\nremoved. The board of county commissioners shall fix reasonable\n\ndates for the commencement and completion of the work. The board of\n\ncounty commissioners shall immediately file a notice of dilapidation\n\nand lien with the county clerk describing the findings of the board\n\nat the hearing, and stating that the county claims a lien on said\n\nproperty for the destruction and removal costs and that such costs\n\nare the personal obligation of the property owner from and after the\n\ndate of filing of said notice. The agents of the county are granted\n\nthe right of entry on the property for the performance of the\n\nnecessary duties as a governmental function of the county if the\n\nwork is not performed by the property owner within dates fixed by\n\nthe board.\n\n4. The board of county commissioners shall determine the actual\n\ncost of the dismantling and removal of dilapidated buildings and any\n\nother expenses that may be necessary in conjunction with the\n\ndismantling and removal of the buildings including the cost of\n\nnotice and mailing. The county clerk shall forward a statement of\n\nthe actual 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 said statement shall be\n\nmailed to any mortgage holder at the address provided for in\n\nparagraph 1 of this section. At the time of mailing of the\n\nstatement of costs to any property owner or mortgage holder, the\n\ncounty shall obtain a receipt of mailing from the postal service,\n\nwhich receipt shall indicate the date of mailing and the name and\n\naddress of the mailee. If a county dismantles or removes any\n\ndilapidated buildings, the costs to the property owner shall not\nthe\n\nstatement of costs to any property owner or mortgage holder, the\n\ncounty shall obtain a receipt of mailing from the postal service,\n\nwhich receipt shall indicate the date of mailing and the name and\n\naddress of the mailee. If a county dismantles or removes any\n\ndilapidated buildings, the costs to the property owner shall not\n\nexceed the actual cost of the labor, maintenance, equipment, and any\n\nother expenses 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. All costs\n\nand expenses may be paid from the general fund of the county.\n\n5. When payment is made to the county for costs incurred, the\n\nboard of county commissioners shall file a release of lien, but if\n\npayment attributable to the actual cost of the dismantling and\n\nremoval of the buildings is not made within six (6) months from the\n\ndate of the mailing of the statement to the owner of such property,\n\nthe board shall forward a certified statement of the amount of the\n\ncost to the county treasurer of said county. Said costs shall be\n\nlevied on the property and collected by the county treasurer as are\n\nother taxes authorized by law. Until finally paid, the costs and\n\nthe interest thereon shall be the personal obligation of the\n\nproperty owner from and after the date of the notice of dilapidation\n\nand lien is filed with the county clerk. In addition the cost and\n\nthe interest thereon shall be a lien against the property from the\n\ndate the notice of the lien is filed with the county clerk. Said\n\nlien shall be coequal with the lien of ad valorem taxes and all\n\nother taxes and special assessments and shall be prior and superior\n\nto all other titles and liens against the property. The lien shall\n\ncontinue until the cost is fully paid. At the time of collection,\n\nthe county treasurer shall collect a fee of Five Dollars ($5.00) for\n\neach parcel of property. Said fee shall be deposited to the credit\n\nof the general fund of the county. At any time prior to collection\n\nas provided for in this paragraph, the county may pursue any civil\n\nremedy for collection of the amount owing, interest and costs\n\nthereon including an action in personam against the property owner\n\nand an action in rem to foreclose its lien against the property. A\n\nmineral interest, if severed from the surface interest and not owned\n\nby the surface owner, shall not be subject to any tax or judgment\n\nlien created pursuant to this section. Upon receiving payment, by\n\ncivil remedy the board of county commissioners shall forward to the\n\ncounty treasurer a notice of such payment and shall direct discharge\n\nof the lien.\n\n6. The board of county commissioners may designate, by\n\nresolution, an administrative officer or administrative body to\n\ncarry out the duties of the board of county commissioners specified\n\nin this section. The property owner shall have the right of appeal\n\nto the board 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 county clerk within ten (10) days after\n\nthe administrative order is rendered.\n\n7. For the purposes of this section, \"dilapidated building\"\n\nmeans a structure which through neglect or injury lacks necessary\n\nrepairs or otherwise is in a state of decay or partial ruin to such\n\nan extent that said structure is a hazard to the health, safety, or\n\nwelfare of the general public. \"Owner\" means the owner of record as\n\nshown by the most current tax rolls of the county treasurer.\n\n8. Nothing in the provisions of this section shall prevent the\n\ncounty from abating a dilapidated building as a nuisance or\n\notherwise exercising its duties to protect the health, safety, or\nto such\n\nan extent that said structure is a hazard to the health, safety, or\n\nwelfare of the general public. \"Owner\" means the owner of record as\n\nshown by the most current tax rolls of the county treasurer.\n\n8. Nothing in the provisions of this section shall prevent the\n\ncounty from abating a dilapidated building as a nuisance or\n\notherwise exercising its duties to protect the health, safety, or\n\nwelfare of the general public.\n\n9. The officers, employees or agents of the county shall not be\n\nliable for any damages of loss of property due to the removal of\n\ndilapidated buildings performed pursuant to the provisions of this\n\nsection or as otherwise prescribed by law.","path":["OK Code","Title 19"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os19.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"37482ee5418e58a2b5ecf07c30cf397b8abe10f23b98fffcecd0ade81b9f2715","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-19-19-36","next":"us-ok/okla.-stat.-tit.-19-19-365"},"notice":"GroundRules: Original legal text. Not legal advice."}
