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SENATE FLOOR VERSION
February 29, 2024
AS AMENDED
SENATE BILL NO. 1815 By: Newhouse
[ counties - dilapidated buildings - board of county
commissioners - 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 this 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 such 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 treated that the vehicle is incapable of
being driven under its own motor power, which by the general state
of deterioration poses a threat to the health, safety, and welfare
of the general public ; and
3. “Owner” means the owner of record as shown by the most
current tax rolls of the county treasurer or by Service Oklahoma .
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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 bu ildings within the unincorporated
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 an
unincorporated area of the county an d within three hundred (300)
yards of such route to be torn down or removed in ac cordance with
the provisions of subsection D of this section , provided such
dilapidated buildings are determined not to be historic structures
by the board of county commissioners .
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 the 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 address
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 t o
the last-known address of the mortgagee. At the time of mailing of
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notice to any property owner or mortgage holder, the county shall
obtain a receipt of mailing from the po stal service, which receipt
shall indicate the date of mailing and the name and a ddress of the
mailee. However, if neither the property 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 newspaper having a
general circulation in the county. Such not ice shall be published
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 held by the board of county commissioners
to determine if the pro perty or vehicle is dilapidated and has
become detrimental to the health, safety, or welfare of the general
public and the community, or if said the property or vehicle creates
a fire hazard which is dangerous to other property.
3. Pursuant to a finding t hat 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 to be torn
down and removed or the dilapidated vehicle to be removed . The
board of county commissioners shall fix reasonable dates for the
commencement 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
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the hearing, and stating that the county claims a lien on said the
property for the destruction and removal costs and that suc h costs
are the personal obligation of the property owner from and after the
date 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 fix ed by
the board.
4. The board of county commissioners shall determine the actual
cost of the dismantling and removal of dilapidated buildings or
dilapidated vehicles and any other expenses that may be necessary in
conjunction with the dismantling and remo val of the buildings such
including the cost of notice and mailing. The county clerk shall
forward a statement of the actual cost attributable to the
dismantling and removal of the buildings or vehicles and a demand
for payment of such costs, by mail to t he property owner. In
addition, a copy of said the statement shall be mailed to any
mortgage holder at the address provided for in paragraph 1 of this
section. At the time o f mailing of the statement of costs to any
property owner or mortgage holder, the county shall obtain a receipt
of mailing from the postal service, which receipt shall indicate the
date of mailing and the name and address of the mailee. If a county
dismantles or removes any dilapidated buildings or dilapidated
vehicles, the costs to the property owner shall not exceed the
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actual cost of the labor, maintenance, equipment, and any other
expenses required for the dismantling 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 be awarded to the lowest and best
bidder. All costs and expenses may be paid from the general fund of
the county.
5. When payment is made to the county for costs incurred, t he
board of county commissioners shall file a release 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 the owner of
such property, the board shall 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 and 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 date of
the notice of dilapidation a nd lien is filed with the county clerk.
In addition the cost and the interest th ereon shall be a lien
against the property from the date the notice of the lien is filed
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
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the property. The lien shall continue until the cost is fully paid.
At the time of collection, the county treasurer 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 collection as provided for in this paragraph,
the county may pursue any civil remedy for 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 property. A mineral interest, if severed from the
surface interest and not owned by the surfa ce owner, shall not be
subject to any tax or judgment lien created pursuant to th is
section. Upon receiving payment, by civil remedy the board of
county commissioners shall forward to the county treasurer a notice
of such payment and shall direct 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 property owner shall have the r ight of appeal
to the board from any order of the administrative officer or
administrative body. Such appeal shall be taken by filing written
notice of appeal with the county clerk within ten (10) days after
the administrative order is rendered.
7. For the purposes of this section, “dilapidated building ”
means a structure which throu gh neglect or injury lacks necessary
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repairs or otherwise is in a state of decay or partial 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 record as
shown by the most current tax rolls of the county treasurer.
8. Nothing in the provisions of this 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 county 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 th is section or as otherwise prescribed by law.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 29, 2024 - DO PASS AS AMENDED