ABANDONED BUILDINGS

Oklahoma City Municipal Code ch. 35, art. IX

in effect

Oklahoma City Municipal Code § 35-261 Definitions.

§ 35-261. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Abandoned building means any building located within the City that is not currently occupied and has been declared unsecured or dilapidated pursuant to Section 22-112 or Section 22-112.1 of Title 11 of the Oklahoma Statutes and remains in such condition; (2) Owner means the owner of record as shown by the current year's tax rolls in the county treasurer's office. (Ord. No. 25003, § 3, 10-21-14)

Oklahoma City Municipal Code § 35-262 Nuisance declared.

§ 35-262. - Nuisance declared. Abandoned buildings are hereby declared to constitute a nuisance and detrimental to the public health, safety, or welfare of the inhabitants of and visitors to the City; provided that this article shall not apply to land zoned and used for agricultural purposes. (Ord. No. 25003, § 3, 10-21-14)

Oklahoma City Municipal Code § 35-263 Notice and hearing.

§ 35-263. - Notice and hearing. At least ten days' notice that an abandoned building is to be abated shall be given to the owner of the property before the City Council holds a hearing. 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 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 mailing of notice to any property owner or mortgage holder, the City 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. Such notice shall be published once not less than ten days prior to any hearing or action by the City pursuant to the provisions of this section. A hearing shall be held by the City Council to determine if the property is an abandoned building as defined by this article. (Ord. No. 25003, § 3, 10-21-14)

Oklahoma City Municipal Code § 35-264 Abatement by City.

§ 35-264. - Abatement by City. (1) Pursuant to a determination that the building is an abandoned building, the City Council may order the City Manager or his designee to pursue abatement of the public nuisance caused by the building and shall order the City 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 City Manager or designee 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 this article; (2) Abatement of an abandoned building by the City may include any or all of the following: a. 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 the abandoned building or the owner of such building as authorized above, b. 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 c. an assessment for any other actual expenses incurred by the City in relation to the abandoned building, including, but not limited to, the costs of notices, mailings and publications; (3) After the determination that a building is an abandoned building, and before commencement of any of the abatement actions authorized by this section, the City Clerk shall file a notice of lien with the county clerk describing the property, the findings of the City Council at the hearing, and stating that the City 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. (Ord. No. 25003, § 3, 10-21-14)

Oklahoma City Municipal Code § 35-265 Collection of City's costs.

§ 35-265. - Collection of City's costs. (1) 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 procedures set forth in this article, the City Clerk shall determine the actual quarterly abatement costs for the abatement procedures authorized by this article. After such determination, the City Clerk shall mail a statement of the actual quarterly abatement costs for the abatement procedures authorized by this article 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 this subsection. At the time of mailing of the statement of costs to any property owner or mortgage holder, the City 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 the mailee; and (2) When full payment is made to the City Clerk for actual abatement costs incurred and billed in accordance with this subsection, the City 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 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 shall 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 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 superior 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 City Clerk shall forward to the county clerk a notice of discharge of the lien. (Ord. No. 25003, § 3, 10-21-14)

Oklahoma City Municipal Code § 35-266 Application for removal from abandoned building list.

§ 35-266. - Application for removal from abandoned building list. Any owner or mortgage holder of any building determined by the City Council of the City to be an abandoned building pursuant to this article may petition the Development Services Director or designated representative in writing at any time after such determination for removal of such building from the abandoned building list maintained by the City Clerk. Any such petition shall be filed with the City Clerk. Within 30 days after such petition is filed with the City Clerk, the Development Services Director or designated representative shall hold a hearing to determine if the building is no longer an abandoned building. Upon such a determination, the Development Services Director or designated representative shall order the building removed from the abandoned building list. The City 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 located and the owner of such building shall remain liable for payment of any and all abatement costs incurred by the City prior to the determination and order by the Development Services Director or designated representative that the building should be removed from the abandoned building list. Upon full payment of any costs certified against the property, the City Clerk shall file a release of the notice of the lien in the county clerk's office within ten days after receiving such payment. (Ord. No. 25003, § 3, 10-21-14; Ord. No. 25790, § 1, 11-21-17)

Oklahoma City Municipal Code § 35-267 Appeal.

§ 35-267. - Appeal. The property owner shall have the right of appeal to City Council from any order of the Development Services Director. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten days after the administrative order is delivered or mailed to the owner at the address shown in the county treasurer records. (Ord. No. 25790, § 1, 11-21-17)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH35NU_ARTIXABBUFetched: 10/28/2026