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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1815 By: Newhouse
AS INTRODUCED
An Act relating to counties; amending 19 O.S. 2021,
Section 360, which relates to dilapidated b uildings
in unincorporated areas; defining terms; allowing
board of county commissioners to take certain action
in certain circumstance ; updating statutory language;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 360, is
amended to read as follows:
Section 360. A. For the purposes of thi s section:
1. “Dilapidated building” means a structure which through
neglect or injury lacks necessary repairs or otherwise is in a state
of decay or partial ruin to s uch an extent that the structure is a
hazard to the health, safety, or welfare of the general public ;
2. “Dilapidated vehicle” means a motor vehicle with a
substantial number of essential parts either damaged, removed,
altered, or otherwise so treat ed that the vehicle is incapable of
being driven under i ts own motor power, which by the general state
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of deterioration poses a threat to the health, safety, and welfare
of the general public ; and
3. “Owner” means the owner of recor d as shown by the most
current tax rolls of the county treasurer.
B. The board of county commissioners of any county in this
state with a population in excess of five hundred fifty thousand
(550,000) may cause dilapidated buildings within the unincorpo rated
area of the county to be torn down and or removed in accordance with
the provisions in of subsection D of this section.
C. The board of county commissioners of any county in this
state that has a portion of State Highway 66 or a duly designated
state scenic byway located within its boundaries may cause
dilapidated buildings or dilapidated vehicles within three hundred
(300) yards of such route to be torn down or removed in accordance
with the provisions of subsection D of this section.
D. 1. At least ten (10) days’ notice that a dilapidated
building or dilapidated vehicle is to be torn down or removed shall
be given to the owner of the property before th e board of county
commissioners holds a hearing. A copy of the notice shall be posted
on the property to be affected. In addition, a copy of said the
notice shall be sent by mail to the property owner at the a ddress
shown by the current year ’s tax rolls in the office of the county
treasurer. Written notice shall also be mailed to any mortgage
holder as shown by the records in the office of the county clerk to
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the last-known address of the mortgagee. At the time of mailing of
notice to any property owner or mortgage holder, the county sh all
obtain a receipt of mailing from the postal service, whic h receipt
shall indicate the date of mailing and the nam e and address of the
mailee. However, if neither the proper ty owner nor mortgage holder
can be located, notice shall be given by posting a copy of the
notice on the property, and by publication in a newsp aper having a
general circulation in the county. Such notice shall be publi shed
once not less than ten (10) days prior to any hearing or action by
the board of county commissioners pursuant to the provisions of this
section.
2. A hearing shall be he ld by the board of county commissioners
to determine if the property or vehicle is dilapidated and has
become detrimental to the health, safety, or w elfare of the general
public and the community, or if said the property or vehicle creates
a fire hazard which i s dangerous to other property , or if the
property or vehicle has an impact on the aesthetic interest of
scenic byways.
3. Pursuant to a finding that the condition of the property or
vehicle constitutes a detriment or a hazard and that the property
would be benefited by the removal of such conditions, the board of
county commissioners may cause the dilapidated building or
dilapidated vehicle to be torn down and removed or the dilapidated
vehicle to be removed. The board of county commissioners shall f ix
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reasonable dates for the commencem ent and completion of the work.
The board of county commissioners shall immediately file a notice of
dilapidation and lien with the county clerk describing the findings
of the board at the hearing, and stating that the coun ty claims a
lien on said the property for the destruction and removal costs and
that such costs are the personal obligation of the property owner
from and after the da te of filing of said the notice. The agents of
the county are granted the right of entry on the property for the
performance of the necessary duties as a governmental function of
the county if the work is not performed by the property owner within
dates fixed by the board.
4. The board of county commissioners shall determine the actual
cost of the dismantling and removal of dilapida ted buildings or
dilapidated vehicles and any other expenses that may be necessary in
conjunction with the dismantling and re moval of the buildings such
including the cost of notice and mailing. The county cl erk shall
forward a statement of the actual c ost attributable to the
dismantling and removal of the buildings or vehicles and a demand
for payment of such costs, by mail to the property owner. In
addition, a copy of said the statement shall be mailed to any
mortgage holder at the address provided for in p aragraph 1 of this
section. At the time of mailing of the statement of costs to any
property owner or mortgage holder, t he county shall obtain a receipt
of mailing from the postal service, w hich receipt shall indicate the
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date of mailing and the name an d address of the mailee. If a coun ty
dismantles or removes any dilapidated buildings or dilapidated
vehicles, the costs to the property owner shall not exceed the
actual cost of the labor, maintenance, equipment , and any other
expenses required for the dism antling and removal of the dilapidated
such buildings or vehicles. If dismantling and removal of the
dilapidated buildings or dilapidated vehicles is done on a private
contract basis, the contract shall b e awarded to the lowest and best
bidder. All costs and expenses may be paid from th e general fund of
the county.
5. When payment is made to the county for costs incurred, the
board of county commissioners shall file a relea se of lien, but if
payment attributable to the actual cost of the dismantling and
removal of the buildings or vehicles is not made within six (6)
months from the date of the mailing of the statement to t he owner of
such property, the board sha ll forward a certified statement of the
amount of the cost to the county treasurer of said the county. Said
The costs shall be levied on the property an d collected by the
county treasurer as are other taxes authorized by law. Until
finally paid, the costs and the interest thereon shall be the
personal obligation of the property owner from and after the da te of
the notice of dilapidation and lien is filed with the county clerk.
In addition the cost and the interest thereon shall be a lien
against the property from the date the notice of the lien is filed
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with the county clerk. Said The lien shall be coequal with the lien
of ad valorem taxes and all other taxes and special assessments and
shall be prior and superior to all other titles and liens against
the property. The lien shall continue until the co st is fully paid.
At the time of collection, the county t reasurer shall collect a fee
of Five Dollars ($5.00) for each parcel of property. Said The fee
shall be deposited to the credit of the general fund of the county.
At any time prior to collect ion as provided for in this paragraph,
the county may pursue any civil remedy f or collection of the amount
owing, interest and costs thereon including an action in personam
against the property owner and an action in rem to foreclose its
lien against the proper ty. A mineral interest, if severed from the
surface interest and not owned by the surface owner, shall not be
subject to any tax or judgment lien cr eated pursuant to this
section. Upon receiving payment, b y civil remedy the board of
county commissioners shall forward to the county treasurer a notice
of such payment and shall d irect discharge of the lien.
6. The board of county commissioners may designate, by
resolution, an administrative officer or administrative body to
carry out the duties of the board of county commissioners specified
in this section. The prope rty owner shall have the right of ap peal
to the board from any order of the administrat ive officer or
administrative body. Such appeal shall be taken by filing written
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notice of appeal wit h the county clerk within ten (10) days after
the administrative order is rende red.
7. For the purposes of t his section, “dilapidated building ”
means a structure which through neglect or injury lacks necessary
repairs or otherwise is in a state of decay or par tial ruin to such
an extent that said structure is a hazard to the health, safety, or
welfare of the general public. “Owner” means the owner of reco rd as
shown by the most current tax rolls of the county tr easurer.
8. Nothing in the provisions of th is section shall prevent the
county from abating a dilapidated building or dilapidated vehicle as
a nuisance or otherwise exercising its duties to protect the health,
safety, or welfare of the general public.
9. 8. The officers, employees or agents of the coun ty shall not
be liable for any damages of loss of property due to the removal of
dilapidated buildings or dilapidated vehicles performed pursuant to
the provisions of this section or as otherwise prescribed by law.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2759 MSBB 1/17/2024 3:59:18 PM