oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

NUISANCE ABATEMENT WHERE OWNER CONVEYS PROPERTY BEFORE ABATEMENT HEARING

JM
Jon Miller
Tue, Jul 9, 2024 2:28 PM

Counselors,

How have your cities/towns dealt with nuisance abatement cases where the property owner conveys the property a few days before the scheduled hearing?  This is occurring with a sovereign citizen who conveys the property to a relative on the eve of the nuisance abatement hearing.  Would appreciate hearing how this has been approached in other municipalities.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Counselors, How have your cities/towns dealt with nuisance abatement cases where the property owner conveys the property a few days before the scheduled hearing? This is occurring with a sovereign citizen who conveys the property to a relative on the eve of the nuisance abatement hearing. Would appreciate hearing how this has been approached in other municipalities. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.
LO
Law office
Tue, Jul 9, 2024 2:44 PM

I seem to recall a provision in the International Building Code or the Property Maintenance Code that prohibits transfer after an abatement has been initiated.  If your City has adopted the either code, it might be worth a look.  I can’t remember the specific language or provision, but I know we have used it to prevent the “shell game” of transferring title to avoid responsibility.

On Jul 9, 2024, at 9:28 AM, Jon Miller via Oama oama@lists.imla.org wrote:

Counselors,

How have your cities/towns dealt with nuisance abatement cases where the property owner conveys the property a few days before the scheduled hearing?  This is occurring with a sovereign citizen who conveys the property to a relative on the eve of the nuisance abatement hearing.  Would appreciate hearing how this has been approached in other municipalities.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

<winmail.dat>

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

I seem to recall a provision in the International Building Code or the Property Maintenance Code that prohibits transfer after an abatement has been initiated. If your City has adopted the either code, it might be worth a look. I can’t remember the specific language or provision, but I know we have used it to prevent the “shell game” of transferring title to avoid responsibility. > On Jul 9, 2024, at 9:28 AM, Jon Miller via Oama <oama@lists.imla.org> wrote: > > Counselors, > > How have your cities/towns dealt with nuisance abatement cases where the property owner conveys the property a few days before the scheduled hearing? This is occurring with a sovereign citizen who conveys the property to a relative on the eve of the nuisance abatement hearing. Would appreciate hearing how this has been approached in other municipalities. > > Jonathan E. Miller > City Attorney > City of Mustang > 1501 N. Mustang Road > Mustang, Oklahoma 73064 > Telephone: (405) 376-7746 > Facsimile: (405) 376-7721 > > > NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments. > > <winmail.dat> > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org