Oklahoma House Bill HB2423

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21
• Report Pass: 2/23/21
• Engrossed: 3/15/21
• Refer: 3/17/21

Caption

Cities and Towns; municipal code violations; municipal lien foreclosures; effective date.

Impact

The implementation of HB 2423 significantly impacts municipal law by enhancing the authority of local governments to manage property violations more effectively. By allowing municipalities to create liens on properties for code violations, this bill aims to provide a streamlined approach to ensuring compliance with local standards. Such measures may lead to more aggressive enforcement of housing codes, especially in areas affected by neglect or abandonment, thus promoting community safety and property values.

Summary

House Bill 2423 establishes procedures for municipal code enforcement relating to housing and building violations. The primary focus of the bill is to allow municipalities to enforce fees, penalties, and costs associated with noncompliance to local housing and building codes through liens on properties, specifically targeting properties that are not owner-occupied. It introduces judicial in rem foreclosure proceedings which allow municipalities to seek recovery of those imposed costs by taking title to the non-compliant properties after a specified process of notification and judicial action.

Sentiment

The sentiment towards HB 2423 appears to be mixed, as it garners support from advocates for stricter enforcement of housing codes but raises concerns among property rights advocates. Proponents argue that the bill provides necessary tools for municipalities to maintain attractive and safe neighborhoods. However, critics express apprehension over potential overreach and the implications for property owners, particularly low-income individuals who may struggle to comply with code requirements and face significant financial penalties.

Contention

One major point of contention lies in the exclusion of owner-occupied properties from these enforcement mechanisms, which has led to debates about equity and effectiveness in maintaining housing standards. Critics question whether this exclusion creates loopholes that may allow some property owners to evade accountability while continuing to set a precedent for aggressive actions against non-owner-occupied properties. The challenge remains balancing municipal powers with the rights of property owners to ensure fair treatment.