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HomeMy WebLinkAbout1117_Repealing Permit Fees_Building PermitsTulsa County Clerk - Michael Willis Doe p 2017110940 Page(s): 2 3:•; '� 11/30/2017 09:05:55 AM Receipt p 17 -66596 ohtaHOMp Fee: $ 15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1117 AN ORDINANCE RELATING TO THE OWASSO CODE OF ORDINANCES, PART 5, BUILDING REGULATIONS AND CODES, CHAPTER 1, BUILDING CODES AND PERMITS, AND CHAPTER 10, REMODELING; AMENDING IN PART AND REPEALING IN PART SAID CHAPTERS; DECLARING AN EMERGENCY AND AUTHORIZING THE EMERGENCY ORDINANCE TO BECOME EFFECTIVE UPON THE DATE OF APPROVAL BY THE CITY COUNCIL; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, in a desire to create a simplified method of publishing rate and fee schedules, city staff is proposing to remove specific monetary amounts from individual ordinances and create a comprehensive resolution to be approved annually listing all rates and fees charged by the City of Owasso. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE: Part 5, Building Regulations and Codes, Chapter 1, Building Code and Permits, Section 5 -107 of the Owasso Code of Ordinances, shall be amended to read as follows: SECTION 5 -107 BUILDING PERMIT REQUIRED FEE A. It is unlawful for any person to construct, alter, or improve or erect any building or structure or to add or to remove one or more rooms to any existing building or structure, without first obtaining a building permit from the city. B. No Permit shall be issued, nor shall an amendment to a permit be approved, until all applicable fees have been paid. C. Fees shall be established by City Council Resolution. SECTION TWO: Part 5, Building Regulations and Codes, Chapter 10, Remodeling, Section 5 -1008 Permit Fees of the Owasso Code of Ordinances, shall be repealed in its entirety. SECTION THREE: CODIFICATION Part 5, Building Regulations and Codes, Chapter 1, Building Code and Permits, Section 5 -107 and Chapter 10, Remodeling, Section 5 -1008 Permit Fees of the Owasso Code of Ordinances is hereby amended as set forth above. SECTION FOUR: REPEALER That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION FIVE: 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. j, SECTION SIX: DECLARING AN EFFECTIVE DATE - EMERGENCY It is necessary for the immediate preservation of the peace, health, and safety of the City of Owasso, Oklahoma, and the inhabitants thereof that this Ordinance become operative immediately and, therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately from and after its passage and approval on November 21, 2017. SECTION SEVEN: FILING OF ORDINANCE That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 21 sl day of November, 2017, with the emergency clause voted upon and approved separately. Lyn II Dunn, Mayor ATTEST: Aj�� OF O Sherry Bishop, Cffy Clerk %Y 4, p N OFFICIAL APPROV AS TO FORM: Julie Lo bardi, City Attorney, OK�nµo�P f Ordinance 1117, page 2 of 2 U . ly p CITY OF OWASSO /LEGALS Attn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Date Category Description 12/06/2017 Legal Notices ORDINANCE 1117 Published In the Owosso Reporter, Owosso, Tulsa Coun. ty, Oklahoma, December 6, 2017. CITY OF OWASSO, OKLAHOMA ORDINANCE 1117 AN ORDINANCE RELATING TO THE OWASSO CODE OF ORDINANCES, PART 5, BUILDING REG. ULATIONS AND CODES, CHAPTER 1, BUILDING CODES AND PERMITS, AND CHAPTER 10, RE- MODELING; AMENDING IN PART AND REPEALING IN PART SAID CHAPTERS; DECLAR. ING AN EMERGENCY AND AUTHORIZING THE EMERGENCY ORDINANCE TO BECOME EFFEC. TIVE UPON THE DATE OF APPROVAL BY THE CITY COUNCIL; AND REPEALING ALL ORDINAN- CES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, In a desire to create o Simplified method Of publishing rate and fee schedules, city staff Is propos- hg to remove specific monetary amounts from Individu- al ordinances and create a comprehensive resolution to be approved annually listing all rates and fees Charged by the City of Owasso. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE: Part 5, l C Building CA Regulations and Codes, Chapter 1, ode and Permits, Section 5.107 of the Owasso Code of Ortllnonces, shall be amended to two as follows: WrIIONS -107 BUILDING PERMIT R puigep, FEE A. It is unlawful for any person to construct, alter, or im- removeronee oramore rlolaams to any existing rbuilding or structure, without first obtaining o building permit from the city. B. No Permit shall be Issued, nor shall an amendment to a Permit be approved, until all applicable fees have been Paid. C. Fees shall be Mtabllshed by City Council Resolution. SECTION TWO: Part Slection Stu009rPermit Fees Of thehOwo -so Conde of Ordinances, shall be repeoled in Its entirety. SECTION THREE: CODIFICATION Port 5, Building Regulations and Codes, Chapter 1, Rem Celinp Code and ADOB Section rit Fees of the Owasso Cade of Ordinances is hereby amended as set forth above. SECTION FOUR: REPEALER herewith abet and the or Parts are lerebyc exaresslyflre, pealed. SECTION FIVE: SEVERABILITY If any Part or ports of this ordinance are deemed uncon- stitutional, tie Invalid Or huf Shall remain Iremaining portion feet. SECTION SIX: DECLARING AN EFFECTIVE DATE - EMERGENCY It Is necessary for the Immediate preservation of the MO, andethe Inhabi ants thereof that this rdinanrReabbee, come operative Immediately and, therefore, on emer en- cy Is hereby declored to exist and this Ordinance shalt be In full force and effect Immediately from and after Its Passage and approval on November 21, 2017. SECTION SEVEN: FILING OF ORDINANCE That there be filed In the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED with hoe APPROVED this l voted uponOand oa- proved separately. 19 Lyndell Dunn, Mayor ATTEST: /s/ Sherry Bishop, chy Clerk y Julllle Lombardi, City Attorney Owasso Reporter . Sand Springs Leader Sklatoakloumal • Wagoner County American- Tribune Tulsa Business B Legal News OKLAHOMA WEEKLY GROUP P,O. BOX 1770 TULSA, OK 74102 -1770 Ad Size 2 x 95:1 Proof of Publication Account Number 1015023 Date December 06, 2017 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 qualified to publish legal notices, advertisements and publications as provided In Section 106 or 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 DATE(S) LISTED BELOW 12/06/2017 Newspaper reference: 0000433170 Label Representativif Sworn to and subscribed before me this date: Notary Public My Commission expires: /. -d - '-z a NOTARY PUBLIC•STATE OF OKLAHOMA COMM. EXP. NANCY CAROL MOORE 12- 09.2019 COMMISSION # 06011684 TULSA COUNTY Total Cost 121.60 sd The City Wit out Limits. TO: The Honorable Mayor and City Council O �yCO U City of Owasso 21 C/ �0// 4U1 j � 4 FROM: Sherry Bishop Assistant City Manager SUBJECT: Ordinance 1117, Repealing Permit Fees DATE: November 17, 2017 BACKGROUND: Since 1986, the City Council has been approving building permit fees by resolution or simply by council approval. However, building permit fees established by Ordinance 76, approved in 1966, are still included in the code of ordinances. Part 5, Building Regulations and Codes, Chapter 10, Remodeling, Section 5 -1008 Permit Fees includes old fees based on the valuation of construction. Repeal of this section of the code would remove the conflict between the fees in the code and fees established by more recent Council action. The attached draft ordinance would repeal Chapter 10, Remodeling, Section 5 -1008 Permit Fees and amend Chapter 1, Section 5 -107 Building Code and Permits. New language proposed to be added in Section 5 -107 states that "Fees shall be established by City Council Resolution." The proposed ordinance includes an emergency clause making the ordinance effective immediately upon approval by the Council. RECOMMENDATION: Staff recommends approval of Ordinance 1117 relating to Part 5, Building Regulations and Codes, repealing Chapter 10, Remodeling, Section 5 -1008 Permit Fees; amending Chapter 1 Building Codes and Permits. Staff further recommends approval of the attachment of an emergency clause making the Ordinance effective immediately. ATTACHMENTS: Ordinance 1117 Code of Ordinances, Part 5, Chapter 10, Remodeling, Section 5 -1008 Permit Fees Building Regulations and Codes SECTION 5 -1008 PERMIT FEES Before any building permit is issued the following fees must be paid: Schedule: construction, alterations, moving, rebuilding, enlarging of buildings: a. Where the estimated total valuation does not exceed One Hundred Dollars ($100.00), no pennit fees shall be charged, except an inspection fee of One Dollar ($1.00) shall be paid, in instances where inspection is required; b. When estimated total value amounts to One Hundred Dollars ($100.00) but does not exceed Five Hundred Dollars ($500.00), a fee of Two Dollars and fifty cents ($2.50) shall be charged, and paid; C. Where estimated total value exceeds Five Hundred Dollars ($500.00) and does not exceed One Hundred Thousand Dollars ($100,000.00), a fee of Two Dollars and fifty cents ($2.50), plus one - fourth of one percent (' /a of 1 %) of the estimated total value in excess of Five Hundred Dollars ($500.00) shall be paid; and d. An additional fee of one- eighth of one percent (1/8 of 1 %) shall be charged and added for each One Thousand Dollars ($1,000.00) or fraction thereof in excess of One Hundred Thousand Dollar ($100,000.00) valuation; 2. Building permit fee pertaining to gasoline pumps; tanks: a. For installation of gasoline pump, a fee of Two Dollars and fifty cents ($2.50) shall be paid on each pump; and b. For installation of tank, a fee of Two Dollars and fifty cents ($2.50) shall be paid on each tank; 3. Demolition of building or structure: where a building or structure is to be raised or demolished, a fee of fifty cents ($.50) per foot in height of such building or structure, measuring from the highest point to the ground level, or from the highest point of the structure or building to the lowest point of any basement level, where a building or structure includes a basement or cellar; and 4. Payment of the fees provided by this chapter shall be made to the city clerk of the city, the payment of which shall apply only to acquiring the permit required by this chapter and distinguished separately and apart and not to be included in or to include any other fee, charge or assessment required to be paid under any other ordinance of the city. (Prior Code, Sec. 4 -34) SECTION 5 -1009 ESTABLISHMENT OF VALUATIONS; DEFINITION OF "VALUE," "VALUATION" A. Before a building permit shall be granted, the building inspector shall estimate the value of the proposed building or structure, and may be guided in making such estimates by ordinary methods used and practices followed in making assessments and estimates. B. In the event the valuation of work, construction, material and costs is underestimated by the applicant for a permit, such permit shall be denied. Page 5 -32