Petition — Notice. A. After a municipal code lien has been recorded with the office of the county clerk of the county in which the real property is located, the code enforcement director may identify those properties on which to commence a judicial in rem foreclosure in accordance with this act, except that those properties the code enforcement director identifies as owner-occupied shall not be subject to judicial in rem foreclosure under this act. The code enforcement director shall not file a petition for judicial in rem foreclosure in accordance with this act for a period of six (6) months following the date upon which the municipal code lien is recorded in the office of the county clerk. A petition for judicial in rem foreclosure may include any other municipal code lien that has been filed prior to the date the petition is filed. After enforcement proceedings have commenced in accordance with this act, the enforcement proceedings may be amended to include any subsequently arising municipal code liens and, if applicable, any and all taxes as defined in this act. B. If the property on which the municipality is seeking to foreclose under this act is subject to taxes as defined in this act, then, at least sixty (60) days prior to the filing of the petition, the code enforcement director shall notify all other taxing agencies within the jurisdiction of the municipality and the State of Oklahoma of the code enforcement director's intention to file a petition for judicial in rem foreclosure of the real property on which a municipal code lien exists. C. In the name of the municipality, the code enforcement director shall, in the appropriate lis pendens record in the office of the county clerk of the county in which the real property is located, file a notice of his or her intent to file a judicial in rem foreclosure action. The notice shall include a legal description of the property, street address of the property if available, a statement that the property is subject to judicial in rem foreclosure proceedings under this act, and a statement that those proceedings may extinguish any legal interests in the property. D. Simultaneous with the filing of his or her notice of intent to file a judicial in rem foreclosure action, the code enforcement director, in the name of the municipality, shall file a petition with the clerk of the district court for the district in which the real property is located. E. The petition shall be filed against the real property against which the municipal code lien has been recorded and shall provide all of the following: 1. The identity of the municipality and the name and address of the code enforcement director; 2. The real property address; 3. A description of the real property; 4. The tax identification number of the real property; 5. The municipal code lien which is being foreclosed; 6. The principal amount of the municipal code lien together with applicable interest and penalties; 7. The principal amount of any additional municipal code liens together with applicable interest and penalties in accordance with this section, if any; 8. The year or years for which the taxes are delinquent, if any; 9. The principal amount of the taxes together with interest and penalties, if any; 10. A statement that upon final sale in accordance with this act and payment of the amount due for taxes, if applicable, an interested party's rights of redemption shall be extinguished; and 11. The names and addresses of all interested parties to whom copies of the petition are to be sent in accordance with subsection F of this section. F. The municipality shall mail copies of the petition by both certified mail, return receipt requested, and by regular mail to all interested parties whose identities and addresses are reasonably ascertainable. Copies of the petition shall also be mailed by first-class mail to the real property address to the attention of the occupants of the property, if any. In addition, notice shall be physically posted on the real property and shall include the following statement: "THIS PROPERTY IS SUBJECT TO A JUDICIAL IN REM FORECLOSURE ACTION AND MAY BE TRANSFERRED TO [NAME OF MUNICIPALITY] OR ANOTHER PARTY. PERSONS WITH INFORMATION REGARDING THE CURRENT OWNER OF THE PROPERTY ARE REQUESTED TO CONTACT [NAME OF MUNICIPALITY]." G. Within thirty (30) days of the filing of the petition, the municipality shall cause a notice of the filing of the petition to be published once each week for three (3) consecutive weeks in a newspaper of general circulation in the county in which the property is located. Such notice shall specify: 1. The name and address of the code enforcement director; 2. The real property address; 3. A description of the real property; 4. The tax identification number of the real property; 5. Any applicable municipal code lien which is being foreclosed upon; 6. The principal amount of any municipal code lien together with interest and penalties; 7. The applicable period of tax delinquency, if any; 8. The principal amount of taxes, if any; 9. That upon deposit with the appropriate parties by the court of the tax payoff amount, if any, any and all rights of redemption accorded to interested parties are extinguished; and 10. The date and place of the filing of the petition.
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