HomeMy WebLinkAbout1016_Code Enforcement Issue Citations=c`TUTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1016
AN ORDINANCE RELATING TO PART 1, GENERAL PROVISIONS, CHAPTER 1, USE AND
CONSTRUCTION OF THE CODE, SECTION 1-108(F), GENERAL PENALTY, OF THE CODE
OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
THIS ORDINANCE AMENDS PART 1 OF THE CITY OF OWASSO CODE OF
ORDINANCES BY ADDING THE SECTION NAMED ABOVE TO BE CODIFIED AS
SHOWN BELOW.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-
WIT:
SECTION ONE: Part One, General Provisions, Chapter 1, Use and
Construction of the Code, Section 1-108 (F), General Penalty, of the Code of
Ordinances of the City of Owasso, Oklahoma, shall be added to the Code as
follows:
CHAPTER 1
USE AND CONSTRUCTION OF THE CODE
SECTION 1-108 GENERAL PENALTY
A. TRAFFIC OFFENSES:
The maximum fine or deferral fee in lieu of a fine for traffic-related offenses
relating to speeding or parking shall not exceed Two Hundred Dollars
($200.00).
B. ALCOHOL OR DRUG RELATED OFFENSES:
The maximum fine or deferral fee in lieu of a fine for alcohol-related or
drug-related offenses shall not exceed Eight Hundred Dollars ($800.00).
C. OTHER OFFENSES:
For all other offenses, the maximum fine or deferral in lieu of a fine shall not
exceed Seven Hundred Fifty Dollars ($750.00).
D. Each day or any portion of a day during which any violation of this Code
or any ordinance shall continue shall constitute a separate offense.
E. Any person who shall aid, abet, or assist in the violation of any provision of
this Code shall be deemed guilty of an offense and, upon conviction
therefore, shall be punished in accordance with the punishment provided
for violation of the provision such person aided, abetted or assisted in
violating.
F. The director of the Department of Community Development, and his
designees within that Department, may be sworn and authorized to issue
a citation for violations of the Zoning Code of the City of Owasso as
adopted in Section 12-201 of the Owasso Code of Ordinances and for
violations of Part 5, Building Regulations and Codes, Part 8, Health and
Sanitation, Part 14, Streets and Public Works and Part 15, Traffic and
Vehicles within this Code. The citations shall state the date and location
of the violation, the section number of the ordinance or Zoning Code
regulation that has been violated and shall direct the defendant to
appear in the Owasso Municipal Court on a designated day or pay the
required fine by the designated court date. The citation shall state that if
the defendant fails to appear within the time specified or pay the fine for
the violation, a warrant for failure to appear may be issued, which may
result in the defendant being arrested.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or
ineffective, the remaining portion shall not be affected but shall remain in full
force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the
date of final passage as provided by state law.
2
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended as shown above
and codified in Part 1, Chapter 1, Section 1-108(F).
PASSED by the City Council of the City of Owasso, Oklahoma on the day of
-2012. -„71,;-7-,- -.I _ --17„
Sherry Bishop,
(SEAL)
nebrake, Mayor
APPROVED as to form and legality this 611day of NOV. , 2012.
Laa 4ucy
Juli Lombardi, City Attorney
3
PUBLISHER'S AFFIDAVIT
ORD NO. 1016
PUBLICATION DATE(S)
11/15/12
CASE NUMBER: ORD NO. 1016
AD NO: 00153496
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a weekly newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
eajjl~~
Representative Sig ure
Subscribed to and sworn to me this 16th day of November, 2012.
Notary Public 2,~1 '4
NANCY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2014
Customer 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 148.40 NANCY CAROL 11MOORE
NOTARY PUBLIC
STATE OF OKLAHOMA
COMMISSION NO. 06011684
EXPIRES 12-8-2014
153496
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, November 15,
2012.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1016
AN ORDINANCE RELATING TO PART 1, GENERAL PROVISIONS, CHAPTER 1,
USE AND CONSTRUCTION OFTHE CODE, SECTION 1-108 (F), GENERAL PENAL-
TY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
THIS ORDINANCE AMENDS PART 1 OF THE CITY OF OWASSO CODE OF ORDI-
NANCES BY ADDING THE SECTION NAMED ABOVETO BE CODIFIED AS SHOWN
BELOW.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO-WIT:
SECTION ONE: Part One, General Provisions, Chapter 1, Use and Construction
of the Code, Section 1-108 (F), General Penalty, of the Code of Ordinances of the
City of Owasso, Oklahoma, shall be added to the Code as follows:
CHAPTERI
USE AND CONSTRUCTION OF THE CODE
SECTION 1-108 GENERAL PENALTY
A. TRAFFIC OFFENSES:
The maximum fine or deferral fee in lieu of a fine for traffic-related offenses relat-
ing to speeding or parking shall not exceed Two Hundred Dollars ($200.00).
B. ALCOHOL OR DRUG RELATED OFFENSES:
The maximum fine or deferral fee in lieu of a fine for alcohol-related or drug-relat-
ed offenses shall not exceed Eight Hundred Dollars ($800.00).
C. OTHER OFFENSES:
For all other offenses, the maximum fine or deferral in lieu of a fine shall not
exceed Seven Hundred Fifty Dollars ($750.00).
D. Each day or any portion of a day during which any violation of this Code or any
ordinance shall continue shall constitute a separate offense.
E. Any person who shall aid, abet, or assist in the violation of any provision of this
Code shall be deemed guilty of an offense and, upon conviction therefore, shall
be punished in accordance with the punishment provided for violation of the
provision such person aided, abetted or assisted in violating.
F. The director of the Department of Community Development, and his designees
within that Department, may be sworn and authorized to issue a citation for vio-
lations of the Zoning Code of the City of Owasso as adopted in Section 12-201
of the Owasso Code of Ordinances and for violations of Part 5, Building
Regulations and Codes, Part 8, Health and Sanitation, Part 14, Streets and
Public Works and Part 15, Traffic and Vehicles within this Code. The citations
shall state the date and location of the violation, the section number of the ordi-
nance or Zoning Code regulation that has been violated and shall direct the
defendant to appear in the Owasso Municipal Court on a designated day or pay
the required fine by the designated court date. The citation shall state that if
the defendant fails to appear within the time specified or pay the fine for the vio-
lation, a warrant for failure to appear may be issued, which may result in the
defendant being arrested.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,
the remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended as shown above and cod-
ified in Part 1, Chapter 1, Section 1-108(F).
PASSED by the City Council of the City of Owasso, Oklahoma on the 6th day of
November, 2012.
/s/ Doug Bonebrake, Mayor
/s/ Sherry Bishop, City Clerk
/s/ Julie Lombardi, City Attorney
0 The CitM~ - V
y Wit out Limits.
APP.RaV4D BY COiJNCR
06 [U jL
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen, RLA, AICP
Community Development Director
SUBJECT: Proposed Ordinance No. 1016 Enabling Code Enforcement Officer Ability to Issue
Citations
DATE: November 2, 2012
BACKGROUND:
The process of code enforcement involves a sequence of steps. When a complaint is made
regarding a potential violation, staff first investigates the issue. If it is determined that such a
violation exists, the property is worked as a violation. In most cases, code violations follow the
following process:
1. The individual is sent a courtesy letter stating the violation and he has ten (10) days to
correct the violation before further action is taken.
2. If after ten (10) days the violation is still not corrected, then a certified letter is sent to the
individual, which informs him that he has ten (10) days to address the issue or further
action will be taken. This letter also sets an abatement hearing date with the code
enforcement officer and hearing officer (usually the Community Development Director
or his designee) and provides options to the individual such as going before the Board of
Adjustment. The hearing allows the individual to explain why he cannot meet the
deadline or correct the violation.
3. If the individual does not appear at the abatement hearing, a 48 hour notice is posted
on the property.
4. If after 48 hours the violation is still not corrected, then a citation can be issued.
Currently, this involves the code enforcement officer locating a police officer to
accompany him to the property where the police officer issues the citation. The citation
sets a court date at which time the violator will appear before the judge. The judge
usually will set the amount of the fine.
This memo focuses on step 4, issuing citations. As noted, the code enforcement officer must
seek out a police officer to issue the citation. Staff proposes to amend both the zoning code
and municipal code to allow the code enforcement officer the ability to issue a citation.
ANALYSIS:
Currently, the code enforcement officer must seek a police officer to issue a citation for any
violation. The proposed change will improve the efficiency of the process by allowing the code
enforcement officer to issue the citation. There is also a safety perspective that must be
considered. Currently, whenever the code enforcement officer approaches a property, he
frequently encounters individuals upset about the situation. Our code enforcement officer
currently has no means of identifying himself. There have been situations in the past, where
code enforcement officers have been met with resistance and uncooperative people. A
badge that is prominently displayed gives a little more authority to the individual, which in turn
can yield more cooperation from the offender. The current process lacks efficiency, as it
requires taking manpower away from the police department to issue a citation. Staff believes
this change streamlines the entire process and better utilizes city personnel.
Staff research also verified that the City of Owasso, when compared to other communities of
similar size in the region, is the only one without a sworn code enforcement officer who has the
ability to issue citations. Therefore, staff has drafted an ordinance which would authorize code
enforcement officers to issue citations for certain violations of the law.
RECOMMENDATION:
Staff recommends approval of Ordinance No. 1016 authorizing code enforcement officers to
issue citations for violations of the following sections of the Owasso Code of Ordinances:
Part 5 - Building Regulations and Codes
Part 8 - Health and Sanitation
Part 12 - Zoning Code
Part 14 - Streets and Public Works
Part 15 - Traffic and Vehicles (limited to abandoned, inoperable, dismantled or improperly
parked vehicles)
ATTACHMENT:
A. Ordinance No. 1016