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SENATE FLOOR VERSION
March 4, 2025
AS AMENDED
SENATE BILL NO. 400 By: Coleman of the Senate
and
Luttrell of the House
[ powers of municipalities - abandoned buildings -
notice - hearing - action - duties - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 22 -112.4, is
amended to read as follows:
Section 22-112.4. A. An abandoned building shall constitute a
public nuisance because it:
1. Is detrimental to the public health, safety or welfare of
the inhabitants of and visitors to the municipality;
2. Causes increased municipal regulatory costs and increased
municipal police and fire protection costs; and
3. Devalues abutting an d nearby real properties.
B. A municipal governing body may abate the public nuisance
caused by an abandoned building within the municipal limits in
accordance with the following procedures:
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1. At least ten (10) days ’ notice that an abandoned building is
to be abated pursuant to the procedures for abatement set forth in
this section shall be given to the owner of the property before the
governing body holds a hearing. A copy of the notice shall be sent
by mail to the property owner at the address shown b y the current
year’s tax rolls in the office of the county treasurer. Written
notice shall also be sent by mail to any mortgage holder as shown by
the records in the office of the county clerk to the last -known
address of the mortgage holder. At the time of ma iling of notice to
any property owner or mortgage holder, the municipality shall obtain
a receipt of mailing from the postal service, the receipt of which
shall indicate the date of mailing and the name and address of the
mailee. However, if neither the property owner nor mortgage holder
can be located, notice may be given by posting a copy of the notice
on the property and by publication as defined in Section 1 -102 of
Title 11 of the Oklahoma Statutes this title. Such notice shall be
published once not l ess than ten (10) days prior to any hearing or
action by the municipality pursuant to the provisions of this
section;
2. A hearing shall be held by the governing body to determine
if the property is an abandoned building as defined by this section;
3. Pursuant to a determination that the building is an
abandoned building, the governing body may order the agents of the
municipality to pursue abatement of the public nuisance caused by
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the building and shall order the municipal clerk to place the
building on an abandoned building list to be maintained by the
clerk. At any time after such determination and order, the agents
of the municipality may cause the public nuisance to be abated as
authorized in this section, and such abatement may continue until
such time as the building is removed from the abandoned building
list in accordance with the procedures set forth in subsection C of
this section;
4. Abatement of an abandoned building by the municipality may
include any or all of the following:
a. any lawful municipal regulatory or municipal police
and fire protection action in relation to the
abandoned building or the owner of such building
necessary or appropriate for the protection of
inhabitants in and visitors to the municipality. Upon
receipt of any necessary warrant to authorize such
action, the agents of the municipality are granted the
right of entry onto the property for the performance
of any such action as a governmental function of the
municipality,
b. the quarterly assessment against the property on which
the abandoned building is located and against the
owner of the abandoned building of the actual costs of
any municipal regulatory action taken in relation to
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the abandoned building or the owner of such building
as authorized above,
c. the assessment against the property on which the
abandoned building is located and against the owner of
the abandoned building of the actual costs of any
municipal police or fire protection action taken in
relation to the abandoned building or the owner of
such building as authorized above, and
d. an assessment for any other actual expenses incurred
by the municipality in relation to the abandoned
building, including, but not limited to, the costs of
notices, mailings and publications;
5. After the determinatio n that a building is an abandoned
building, and before commencement of any of the abatement actions
authorized by paragraphs 3 and 4 of this subsection, the municipal
clerk shall file a notice of lien with the county clerk describing
the property, the findings o f the governing body at the hearing, and
stating that the municipality claims a lien on the property for all
abatement costs and that such costs shall also constitute the
personal obligation of the property owner from and after the date of
filing of the notice;
6. From and after the determination that a building is an
abandoned building, and continuing until such time as the building
is removed from the abandoned building list in accordance with the
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procedures set forth in subsection C of this section, the municipal
clerk shall determine the actual quarterly abatement costs for the
abatement procedures authorized by this section. After such
determination, the municipal clerk shall mail a statement of the
actual quarterly abatement costs for the abate ment procedures
authorized by this section to the property owner and demand the
payment of such costs by the owner. In addition, a copy of the
statement shall be mailed to any mortgage holder at the address
provided for in paragraph 1 of this subsection. At th e time of
mailing of the statement of costs to any property owner or mortgage
holder, the municipal clerk shall obtain a receipt of mailing from
the postal service, the receipt of which shall indicate the date of
mailing and the name and address of t he mailee; and
7. When full payment is made to the municipal clerk for actual
abatement costs incurred and billed in accordance with paragraph 6
of this subsection, the municipal clerk shall send the property
owner and any mortgage holder by mail a receipt for such payment;
but if payment attributable to the actual quarterly costs of such
abatement is not made within six (6) months from the date of the
mailing of the statement to the owner of such property, a lien in
the actual amount of the abatement shal l be filed against the
abandoned building. Until finally paid, the costs and the interest
thereon shall be the personal obligation of the property owner from
and after the date the notice of lien was filed with the county
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clerk. In addition, the costs and the interest thereon shall be a
lien against the property from the date the notice of lien was filed
with the county clerk. The lien shall be coequal with the lien of
ad valorem taxes and all other taxes and special assessments and
shall be prior and su perior to all other titles and liens against
the property. The lien shall continue until the cost is fully paid.
A mineral interest, if severed from the surface interest and not
owned by the surface owner, shall not be subject to any lien created
pursuant to this section. Upon receiving full payment, the
municipal clerk shall forward to the county clerk a notice of
discharge of the lien.
C. Any owner or mortgage holder of any building determined by
the governing body of the municipality to be an abandon ed building
pursuant to this section may petition the governing body in writing
at any time after such determination for removal of such building
from the abandoned building list maintained by the municipal clerk.
Any such petition shall be filed with the munic ipal clerk. Within
thirty (30) days after such petition is filed with the municipal
clerk, the governing body shall hold a hearing to determine if the
building is no longer an abandoned building. Upon such a
determination, the governing body shall order the building removed
from the abandoned building list. The municipal clerk shall comply
with such order by removing the building from the abandoned building
list; provided, the real property on which the abandoned building is
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located and the owner of such building shall remain liable for
payment of any and all abatement costs incurred by the municipality
prior to the determination and order by the governing body that the
building should be removed from the abandoned building list. Upon
full payment of any costs certified against the property, the
municipal clerk shall file a release of the notice of the lien in
the county clerk’s office within ten (10) days after receiving such
payment.
D. The governing body may designate, by ordinance, an
administrative officer or administrative body of the municipality to
carry out any or all of the duties of the governing body specified
in this section. The property owner shall have the right of appeal
to the governing body from any order of the administrative of ficer
or administrative body. Such appeal shall be taken by filing a
written notice of appeal with the municipal clerk within ten (10)
days after the administrative order is delivered or mailed to the
owner at the address shown in the county treasurer records.
E. For purposes of this section:
1. “Abandoned building” means any building that is located
within the municipality that is not currently occupied and has been
declared unsecured, or dilapidated, or unoccupied pursuant to
Section 22-112 or 22-112.1 of Title 11 of the Oklahoma Statutes this
title or Section 2 of this act and remains in such condition; and
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2. “Owner” means the owner of record as shown by the most
current tax roles rolls of the county treasurer.
F. The provisions of this section shall not apply to any
property zoned and used for agricultural purposes.
G. The officers, employees or agents of the municipality shall
not be liable for any damages or loss of property due to the
abatement of the public nuisance caused by an abandoned build ing
performed pursuant to the provisions of this section or as otherwise
provided by law.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 22 -112.6 of Title 11, unless
there is created a duplicati on in numbering, reads as follows:
A. A municipal governing body may declare buildings within its
municipal limits to be unoccupied and subject to abatement, as
provided in Section 22-112.4 of Title 11 of the Oklahoma Statutes ,
if such buildings:
1. Have remained unoccupied for a continuous period of three
hundred sixty-five (365) days or more and remain in such condition;
2. Cause increased municipal regulatory costs and increased
municipal police and fire protection costs; and
3. Devalue abutting and nearby real properties.
B. At least ten (10) days ’ notice that a building is to be
declared unoccupied shall be given to the owner of the property
before the governing body holds a hearing. A copy of the notice
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shall be posted on the property to be affected. In addition, a copy
of 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 reco rds in the office of the county
clerk to the last-known address of the mortgagee. At the time of
mailing of notice to any property owner or mortgage holder, the
municipality 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. However, if neither the property
owner nor mortgage holder can be located, notice may be given by
posting a copy of the notice on the property, or by publication as
defined in Section 1 -102 of Title 11 of the Oklahoma Statutes. The
notice may be published once not less than ten (10) days prior to
any hearing or action by the municipality pursuant to the provisions
of this section.
C. A hearing shall be held by the governing body to determine
if the property meets the criteria provided in subsection A of this
section. The property owner or mortgage holder may present evidence
at such hearing that he or she is actively working to remediate any
concerns with the status of the property. If t he governing body
determines that the condition of the property meets such criteria,
the governing body may begin abatement of the property pursuant to
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the provisions of Section 22-112.4 of Title 11 of the Oklahoma
Statutes.
D. The municipality may designate, by ordinance, an
administrative officer or administrative body to carry out the
duties of the governing body specified in this section. The
property owner shall have the right of appeal to the municipal
governing body from any order of the administra tive officer or
administrative body. Such appeal shall be taken by filing written
notice of appeal with the municipal clerk within ten (10) days after
the administrative order is rendered.
E. For the purposes of this section:
1. “Owner” means the owner of record as shown by the most
current tax rolls of the county treasurer; and
2. “Unoccupied” means a building located within the
municipality that:
a. is not being utilized as a place of residence or
business, or
b. has no current tenant or occupant.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON LOCAL AND COUNTY GOVERNMENT
March 4, 2025 - DO PASS AS AMENDED