| 39 | | - | [ counties - dilapidated buildings - board of county |
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| 40 | | - | commissioners - effective date ] |
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| 63 | + | AS INTRODUCED |
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| 64 | + | |
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| 65 | + | An Act relating to counties; amending 19 O.S. 2021, |
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| 66 | + | Section 360, which relates to dilapidated b uildings |
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| 67 | + | in unincorporated areas; defining terms; allowing |
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| 68 | + | board of county commissioners to take certain action |
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| 69 | + | in certain circumstance ; updating statutory language; |
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| 70 | + | and providing an effective date. |
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| 41 | 71 | | |
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| 42 | 72 | | |
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| 43 | 73 | | |
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| 44 | 74 | | |
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| 45 | 75 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 46 | 76 | | SECTION 1. AMENDATORY 19 O.S. 2021, Section 360, is |
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| 47 | 77 | | amended to read as follows: |
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| 48 | 78 | | Section 360. A. For the purposes of thi s section: |
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| 49 | 79 | | 1. “Dilapidated building” means a structure which through |
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| 50 | 80 | | neglect or injury lacks necessary repairs or otherwise is in a state |
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| 51 | 81 | | of decay or partial ruin to s uch an extent that the structure is a |
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| 52 | 82 | | hazard to the health, safety, or welfare of the general public ; |
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| 53 | 83 | | 2. “Dilapidated vehicle” means a motor vehicle with a |
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| 54 | 84 | | substantial number of essential parts either damaged, removed, |
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| 55 | 85 | | altered, or otherwise so treat ed that the vehicle is incapable of |
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| 56 | 86 | | being driven under i ts own motor power, which by the general state |
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| 88 | 142 | | B. The board of county commissioners of any county in this |
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| 89 | 143 | | state with a population in excess of five hundred fifty thousand |
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| 90 | 144 | | (550,000) may cause dilapidated buildings within the unincorpo rated |
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| 91 | 145 | | area of the county to be torn down and or removed in accordance with |
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| 92 | 146 | | the provisions in of subsection D of this section. |
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| 93 | 147 | | C. The board of county commissioners of any county in this |
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| 94 | 148 | | state that has a portion of State Highway 66 or a duly designated |
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| 95 | 149 | | state scenic byway located within its boundaries may cause |
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| 96 | | - | dilapidated buildings or dilapidated vehicles within an |
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| 97 | | - | unincorporated area of the county an d within three hundred (300) |
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| 98 | | - | yards of such route to be torn down or removed in ac cordance with |
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| 99 | | - | the provisions of subsection D of this section , provided such |
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| 100 | | - | dilapidated buildings are determined not to be historic structures |
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| 101 | | - | by the board of county commissioners . |
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| 150 | + | dilapidated buildings or dilapidated vehicles within three hundred |
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| 151 | + | (300) yards of such route to be torn down or removed in accordance |
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| 152 | + | with the provisions of subsection D of this section. |
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| 102 | 153 | | D. 1. At least ten (10) days’ notice that a dilapidated |
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| 103 | 154 | | building or dilapidated vehicle is to be torn down or removed shall |
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| 104 | 155 | | be given to the owner of the property before th e board of county |
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| 105 | 156 | | commissioners holds a hearing. A copy of the notice shall be posted |
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| 106 | 157 | | on the property to be affected. In addition, a copy of said the |
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| 107 | 158 | | notice shall be sent by mail to the property owner at the a ddress |
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| 108 | 159 | | shown by the current year ’s tax rolls in the office of the county |
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| 109 | 160 | | treasurer. Written notice shall also be mailed to any mortgage |
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| 110 | 161 | | holder as shown by the records in the office of the county clerk to |
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| 139 | 214 | | notice to any property owner or mortgage holder, the county sh all |
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| 140 | 215 | | obtain a receipt of mailing from the postal service, whic h receipt |
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| 141 | 216 | | shall indicate the date of mailing and the nam e and address of the |
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| 142 | 217 | | mailee. However, if neither the proper ty owner nor mortgage holder |
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| 143 | 218 | | can be located, notice shall be given by posting a copy of the |
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| 144 | 219 | | notice on the property, and by publication in a newsp aper having a |
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| 145 | 220 | | general circulation in the county. Such notice shall be publi shed |
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| 146 | 221 | | once not less than ten (10) days prior to any hearing or action by |
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| 147 | 222 | | the board of county commissioners pursuant to the provisions of this |
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| 148 | 223 | | section. |
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| 149 | 224 | | 2. A hearing shall be he ld by the board of county commissioners |
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| 150 | 225 | | to determine if the property or vehicle is dilapidated and has |
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| 151 | 226 | | become detrimental to the health, safety, or w elfare of the general |
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| 152 | 227 | | public and the community, or if said the property or vehicle creates |
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| 157 | | - | county commissioners may cause the dilapidated building to be torn |
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| 158 | | - | down and removed or the dilapidated vehicle to be removed . The |
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| 159 | | - | board of county commissioners shall fix reasonable dates for the |
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| 160 | | - | commencement and completion of the work. The board of county |
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| 161 | | - | commissioners shall immediately file a notice of dilapidation and |
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| 162 | | - | lien with the county clerk describing the findings of the board at |
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| 234 | + | county commissioners may cause the dilapidated building or |
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| 235 | + | dilapidated vehicle to be torn down and removed or the dilapidated |
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| 236 | + | vehicle to be removed. The board of county commissioners shall f ix |
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| 190 | | - | the hearing, and stating that the county claims a lien on said the |
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| 191 | | - | property for the destruction and removal costs and that suc h costs |
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| 192 | | - | are the personal obligation of the property owner from and after the |
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| 193 | | - | date of filing of said the notice. The agents of the county are |
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| 194 | | - | granted the right of entry on the property for the performance of |
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| 195 | | - | the necessary duties as a governmental function of the county if the |
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| 196 | | - | work is not performed by the property owner within dates fix ed by |
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| 197 | | - | the board. |
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| 288 | + | reasonable dates for the commencem ent and completion of the work. |
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| 289 | + | The board of county commissioners shall immediately file a notice of |
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| 290 | + | dilapidation and lien with the county clerk describing the findings |
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| 291 | + | of the board at the hearing, and stating that the coun ty claims a |
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| 292 | + | lien on said the property for the destruction and removal costs and |
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| 293 | + | that such costs are the personal obligation of the property owner |
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| 294 | + | from and after the da te of filing of said the notice. The agents of |
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| 295 | + | the county are granted the right of entry on the property for the |
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| 296 | + | performance of the necessary duties as a governmental function of |
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| 297 | + | the county if the work is not performed by the property owner within |
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| 298 | + | dates fixed by the board. |
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| 198 | 299 | | 4. The board of county commissioners shall determine the actual |
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| 199 | 300 | | cost of the dismantling and removal of dilapida ted buildings or |
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| 200 | 301 | | dilapidated vehicles and any other expenses that may be necessary in |
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| 201 | 302 | | conjunction with the dismantling and re moval of the buildings such |
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| 202 | 303 | | including the cost of notice and mailing. The county cl erk shall |
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| 203 | 304 | | forward a statement of the actual c ost attributable to the |
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| 204 | 305 | | dismantling and removal of the buildings or vehicles and a demand |
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| 205 | 306 | | for payment of such costs, by mail to the property owner. In |
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| 206 | 307 | | addition, a copy of said the statement shall be mailed to any |
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| 207 | 308 | | mortgage holder at the address provided for in p aragraph 1 of this |
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| 208 | 309 | | section. At the time of mailing of the statement of costs to any |
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| 209 | 310 | | property owner or mortgage holder, t he county shall obtain a receipt |
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| 210 | 311 | | of mailing from the postal service, w hich receipt shall indicate the |
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| 241 | 366 | | actual cost of the labor, maintenance, equipment , and any other |
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| 242 | 367 | | expenses required for the dism antling and removal of the dilapidated |
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| 243 | 368 | | such buildings or vehicles. If dismantling and removal of the |
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| 244 | 369 | | dilapidated buildings or dilapidated vehicles is done on a private |
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| 245 | 370 | | contract basis, the contract shall b e awarded to the lowest and best |
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| 246 | 371 | | bidder. All costs and expenses may be paid from th e general fund of |
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| 247 | 372 | | the county. |
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| 248 | 373 | | 5. When payment is made to the county for costs incurred, the |
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| 249 | 374 | | board of county commissioners shall file a relea se of lien, but if |
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| 250 | 375 | | payment attributable to the actual cost of the dismantling and |
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| 251 | 376 | | removal of the buildings or vehicles is not made within six (6) |
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| 252 | 377 | | months from the date of the mailing of the statement to t he owner of |
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| 253 | 378 | | such property, the board sha ll forward a certified statement of the |
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| 254 | 379 | | amount of the cost to the county treasurer of said the county. Said |
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| 255 | 380 | | The costs shall be levied on the property an d collected by the |
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| 256 | 381 | | county treasurer as are other taxes authorized by law. Until |
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| 257 | 382 | | finally paid, the costs and the interest thereon shall be the |
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| 258 | 383 | | personal obligation of the property owner from and after the da te of |
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| 259 | 384 | | the notice of dilapidation and lien is filed with the county clerk. |
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| 260 | 385 | | In addition the cost and the interest thereon shall be a lien |
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| 261 | 386 | | against the property from the date the notice of the lien is filed |
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| 292 | 441 | | the property. The lien shall continue until the co st is fully paid. |
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| 293 | 442 | | At the time of collection, the county t reasurer shall collect a fee |
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| 294 | 443 | | of Five Dollars ($5.00) for each parcel of property. Said The fee |
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| 295 | 444 | | shall be deposited to the credit of the general fund of the county. |
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| 296 | 445 | | At any time prior to collect ion as provided for in this paragraph, |
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| 297 | 446 | | the county may pursue any civil remedy f or collection of the amount |
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| 298 | 447 | | owing, interest and costs thereon including an action in personam |
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| 299 | 448 | | against the property owner and an action in rem to foreclose its |
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| 300 | 449 | | lien against the proper ty. A mineral interest, if severed from the |
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| 301 | 450 | | surface interest and not owned by the surface owner, shall not be |
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| 302 | 451 | | subject to any tax or judgment lien cr eated pursuant to this |
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| 303 | 452 | | section. Upon receiving payment, b y civil remedy the board of |
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| 304 | 453 | | county commissioners shall forward to the county treasurer a notice |
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| 305 | 454 | | of such payment and shall d irect discharge of the lien. |
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| 306 | 455 | | 6. The board of county commissioners may designate, by |
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| 307 | 456 | | resolution, an administrative officer or administrative body to |
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| 308 | 457 | | carry out the duties of the board of county commissioners specified |
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| 309 | 458 | | in this section. The prope rty owner shall have the right of ap peal |
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| 310 | 459 | | to the board from any order of the administrat ive officer or |
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| 311 | 460 | | administrative body. Such appeal shall be taken by filing written |
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| 343 | 516 | | repairs or otherwise is in a state of decay or par tial ruin to such |
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| 344 | 517 | | an extent that said structure is a hazard to the health, safety, or |
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| 345 | 518 | | welfare of the general public. “Owner” means the owner of reco rd as |
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| 346 | 519 | | shown by the most current tax rolls of the county tr easurer. |
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| 347 | 520 | | 8. Nothing in the provisions of th is section shall prevent the |
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| 348 | 521 | | county from abating a dilapidated building or dilapidated vehicle as |
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| 349 | 522 | | a nuisance or otherwise exercising its duties to protect the health, |
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| 350 | 523 | | safety, or welfare of the general public. |
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| 351 | 524 | | 9. 8. The officers, employees or agents of the coun ty shall not |
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| 352 | 525 | | be liable for any damages of loss of property due to the removal of |
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| 353 | 526 | | dilapidated buildings or dilapidated vehicles performed pursuant to |
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| 354 | 527 | | the provisions of this section or as otherwise prescribed by law. |
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| 355 | 528 | | SECTION 2. This act shall become effective November 1, 2024. |
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