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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 400 By: Coleman
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9 AS INTRODUCED
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10 An Act relating to the powers of municipalities;
10 amending 11 O.S. 2021, Section 22-112.4, which
11 relates to the abatement of abandoned buildings;
11 modifying definition; allowing municipalities to
12 declare certain buildings as unoccupied; requiring
12 certain notice; providing for certain hearing;
13 allowing municipalities to take certain action;
13 allowing for delegation of certain duties; defining
14 terms; updating statutory references; updating
14 statutory language; providing for codification; and
15 providing an effective date.
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2 0 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. AMENDATORY 11 O.S. 2021, Section 22-112.4, is
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2 2 amended to read as follows:
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23 Section 22-112.4. A. An abandoned building shall constitute a
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2 4 public nuisance because it:
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1 1. Is detrimental to the public health, safety or welfare of
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2 the inhabitants of and visitors to the municipality;
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3 2. Causes increased municipal regulatory costs and increased
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4 municipal police and fire protection costs; and
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5 3. Devalues abutting and nearby real properties.
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6 B. A municipal governing body may abate the public nuisance
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7 caused by an abandoned building within the municipal limits in
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8 accordance with the following procedures:
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9 1. At least ten (10) days' notice that an abandoned building is
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1 0 to be abated pursuant to the procedures for abatement set forth in
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1 1 this section shall be given to the owner of the property before the
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1 2 governing body holds a hearing. A copy of the notice shall be sent
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1 3 by mail to the property owner at the address shown by the current
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1 4 year's tax rolls in the office of the county treasurer. Written
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1 5 notice shall also be sent by mail to any mortgage holder as shown by
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1 6 the records in the office of the county clerk to the last-known
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1 7 address of the mortgage holder. At the time of mailing of notice to
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1 8 any property owner or mortgage holder, the municipality shall obtain
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1 9 a receipt of mailing from the postal service, the receipt of which
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2 0 shall indicate the date of mailing and the name and address of the
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2 1 mailee. However, if neither the property owner nor mortgage holder
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2 2 can be located, notice may be given by posting a copy of the notice
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2 3 on the property and by publication as defined in Section 1-102 of
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2 4 Title 11 of the Oklahoma Statutes this title. Such notice shall be
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1 published once not less than ten (10) days prior to any hearing or
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2 action by the municipality pursuant to the provisions of this
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3 section;
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4 2. A hearing shall be held by the governing body to determine
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5 if the property is an abandoned building as defined by this section;
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6 3. Pursuant to a determination that the building is an
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7 abandoned building, the governing body may order the agents of the
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8 municipality to pursue abatement of the public nuisance caused by
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9 the building and shall order the municipal clerk to place the
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1 0 building on an abandoned building list to be maintained by the
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1 1 clerk. At any time after such determination and order, the agents
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1 2 of the municipality may cause the public nuisance to be abated as
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1 3 authorized in this section, and such abatement may continue until
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1 4 such time as the building is removed from the abandoned building
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1 5 list in accordance with the procedures set forth in subsection C of
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1 6 this section;
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17 4. Abatement of an abandoned building by the municipality may
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1 8 include any or all of the following:
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19 a. any lawful municipal regulatory or municipal police
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20 and fire protection action in relation to the
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21 abandoned building or the owner of such building
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22 necessary or appropriate for the protection of
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23 inhabitants in and visitors to the municipality. Upon
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24 receipt of any necessary warrant to authorize such
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1 action, the agents of the municipality are granted the
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2 right of entry onto the property for the performance
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3 of any such action as a governmental function of the
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4 municipality,
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5 b. the quarterly assessment against the property on which
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6 the abandoned building is located and against the
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7 owner of the abandoned building of the actual costs of
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8 any municipal regulatory action taken in relation to
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9 the abandoned building or the owner of such building
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10 as authorized above,
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11 c. the assessment against the property on which the
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12 abandoned building is located and against the owner of
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13 the abandoned building of the actual costs of any
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14 municipal police or fire protection action taken in
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15 relation to the abandoned building or the owner of
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16 such building as authorized above, and
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17 d. an assessment for any other actual expenses incurred
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18 by the municipality in relation to the abandoned
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19 building, including, but not limited to, the costs of
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20 notices, mailings and publications;
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21 5. After the determination that a building is an abandoned
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2 2 building, and before commencement of any of the abatement actions
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2 3 authorized by paragraphs 3 and 4 of this subsection, the municipal
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2 4 clerk shall file a notice of lien with the county clerk describing
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1 the property, the findings of the governing body at the hearing, and
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2 stating that the municipality claims a lien on the property for all
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3 abatement costs and that such costs shall also constitute the
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4 personal obligation of the property owner from and after the date of
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5 filing of the notice;
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6 6. From and after the determination that a building is an
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7 abandoned building, and continuing until such time as the building
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8 is removed from the abandoned building list in accordance with the
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9 procedures set forth in subsection C of this section, the municipal
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1 0 clerk shall determine the actual quarterly abatement costs for the
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1 1 abatement procedures authorized by this section. After such
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1 2 determination, the municipal clerk shall mail a statement of the
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1 3 actual quarterly abatement costs for the abatement procedures
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1 4 authorized by this section to the property owner and demand the
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1 5 payment of such costs by the owner. In addition, a copy of the
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1 6 statement shall be mailed to any mortgage holder at the address
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1 7 provided for in paragraph 1 of this subsection. At the time of
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1 8 mailing of the statement of costs to any property owner or mortgage
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1 9 holder, the municipal clerk shall obtain a receipt of mailing from
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2 0 the postal service, the receipt of which shall indicate the date of
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2 1 mailing and the name and address of the mailee; and
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22 7. When full payment is made to the municipal clerk for actual
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2 3 abatement costs incurred and billed in accordance with paragraph 6
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2 4 of this subsection, the municipal clerk shall send the property
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1 owner and any mortgage holder by mail a receipt for such payment;
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2 but if payment attributable to the actual quarterly costs of such
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3 abatement is not made within six (6) months from the date of the
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4 mailing of the statement to the owner of such property, a lien in
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5 the actual amount of the abatement shall be filed against the
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6 abandoned building. Until finally paid, the costs and the interest
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7 thereon shall be the personal obligation of the property owner from
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8 and after the date the notice of lien was filed with the county
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9 clerk. In addition, the costs and the interest thereon shall be a
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1 0 lien against the property from the date the notice of lien was filed
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1 1 with the county clerk. The lien shall be coequal with the lien of
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1 2 ad valorem taxes and all other taxes and special assessments and
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1 3 shall be prior and superior to all other titles and liens against
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1 4 the property. The lien shall continue until the cost is fully paid.
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1 5 A mineral interest, if severed from the surface interest and not
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1 6 owned by the surface owner, shall not be subject to any lien created
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1 7 pursuant to this section. Upon receiving full payment, the
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1 8 municipal clerk shall forward to the county clerk a notice of
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1 9 discharge of the lien.
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20 C. Any owner or mortgage holder of any building determined by
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2 1 the governing body of the municipality to be an abandoned building
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2 2 pursuant to this section may petition the governing body in writing
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2 3 at any time after such determination for removal of such building
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2 4 from the abandoned building list maintained by the municipal clerk.
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1 Any such petition shall be filed with the municipal clerk. Within
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2 thirty (30) days after such petition is filed with the municipal
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3 clerk, the governing body shall hold a hearing to determine if the
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4 building is no longer an abandoned building. Upon such a
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5 determination, the governing body shall order the building removed
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6 from the abandoned building list. The municipal clerk shall comply
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7 with such order by removing the building from the abandoned building
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8 list; provided, the real property on which the abandoned building is
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9 located and the owner of such building shall remain liable for
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1 0 payment of any and all abatement costs incurred by the municipality
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1 1 prior to the determination and order by the governing body that the
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1 2 building should be removed from the abandoned building list. Upon
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1 3 full payment of any costs certified against the property, the
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1 4 municipal clerk shall file a release of the notice of the lien in
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1 5 the county clerk's office within ten (10) days after receiving such
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1 6 payment.
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17 D. The governing body may designate, by ordinance, an
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1 8 administrative officer or administrative body of the municipality to
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1 9 carry out any or all of the duties of the governing body specified
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2 0 in this section. The property owner shall have the right of appeal
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2 1 to the governing body from any order of the administrative officer
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2 2 or administrative body. Such appeal shall be taken by filing a
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2 3 written notice of appeal with the municipal clerk within ten (10)
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1 days after the administrative order is delivered or mailed to the
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2 owner at the address shown in the county treasurer records.
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3 E. For purposes of this section:
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4 1. "Abandoned building" means any building that is located
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5 within the municipality that is not currently occupied and has been
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6 declared unsecured, or dilapidated, or unoccupied pursuant to
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7 Section 22-112 or 22-112.1 of Title 11 of the Oklahoma Statutes this
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8 title or Section 2 of this act and remains in such condition; and
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9 2. "Owner" means the owner of record as shown by the most
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1 0 current tax roles rolls of the county treasurer.
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11 F. The provisions of this section shall not apply to any
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1 2 property zoned and used for agricultural purposes.
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13 G. The officers, employees or agents of the municipality shall
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1 4 not be liable for any damages or loss of property due to the
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1 5 abatement of the public nuisance caused by an abandoned building
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1 6 performed pursuant to the provisions of this section or as otherwise
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1 7 provided by law.
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18 SECTION 2. NEW LAW A new section of law to be codified
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1 9 in the Oklahoma Statutes as Section 22-112.6 of Title 11, unless
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2 0 there is created a duplication in numbering, reads as follows:
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21 A. A municipal governing body may declare buildings within its
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2 2 municipal limits to be unoccupied and subject to abatement, as
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2 3 provided in Section 22-112.4 of Title 11 of the Oklahoma Statutes,
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2 4 if such buildings:
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1 1. Have remained unoccupied for a continuous period of three
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2 hundred sixty-five (365) days or more and remain in such condition;
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3 2. Cause increased municipal regulatory costs and increased
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4 municipal police and fire protection costs; and
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5 3. Devalue abutting and nearby real properties.
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6 B. At least ten (10) days' notice that a building is to be
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7 declared unoccupied shall be given to the owner of the property
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8 before the governing body holds a hearing. A copy of the notice
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9 shall be posted on the property to be affected. In addition, a copy
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1 0 of the notice shall be sent by mail to the property owner at the
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1 1 address shown by the current year's tax rolls in the office of the
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1 2 county treasurer. Written notice shall also be mailed to any
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1 3 mortgage holder as shown by the records in the office of the county
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1 4 clerk to the last-known address of the mortgagee. At the time of
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1 5 mailing of notice to any property owner or mortgage holder, the
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1 6 municipality shall obtain a receipt of mailing from the postal
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1 7 service, which receipt shall indicate the date of mailing and the
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1 8 name and address of the mailee. However, if neither the property
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1 9 owner nor mortgage holder can be located, notice may be given by
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2 0 posting a copy of the notice on the property, or by publication as
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2 1 defined in Section 1-102 of Title 11 of the Oklahoma Statutes. The
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2 2 notice may be published once not less than ten (10) days prior to
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2 3 any hearing or action by the municipality pursuant to the provisions
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2 4 of this section.
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1 C. A hearing shall be held by the governing body to determine
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2 if the property meets the criteria provided in subsection A of this
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3 section. The property owner or mortgage holder may present evidence
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4 at such hearing that he or she is actively working to remediate any
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5 concerns with the status of the property. If the governing body
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6 determines that the condition of the property meets such criteria,
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7 the governing body may begin abatement of the property pursuant to
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8 the provisions of Section 22-112.4 of Title 11 of the Oklahoma
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9 Statutes.
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10 D. The municipality may designate, by ordinance, an
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1 1 administrative officer or administrative body to carry out the
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1 2 duties of the governing body specified in this section. The
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1 3 property owner shall have the right of appeal to the municipal
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1 4 governing body from any order of the administrative officer or
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1 5 administrative body. Such appeal shall be taken by filing written
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1 6 notice of appeal with the municipal clerk within ten (10) days after
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1 7 the administrative order is rendered.
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18 E. For the purposes of this section:
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19 1. "Owner" means the owner of record as shown by the most
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2 0 current tax rolls of the county treasurer; and
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21 2. "Unoccupied" means a building located within the
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2 2 municipality that:
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23 a. is not being utilized as a place of residence or
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24 business, or
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1 b. has no current tenant or occupant.
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2 SECTION 3. This act shall become effective November 1, 2025.
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