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HomeMy WebLinkAbout037_Encroachments Defined ORDINANCE NUMBER ,37 AN ORDINANCE PROHIBITING AND PREVENTING ALL ENCROACHMENTS INTO AND ABOVE THE SIDEWALK, STREETS, AVENUES. ALLEYS AND OTHER OF THE CITY AND PROVIDING FOR THE REMOVAL OF ALL OB- STRUCTIONS AND OVERHANGS FROM RIGHTS OF WAYs SIDEWALKSu CURB- STONESs GUTTERS AND CROSSWALKS AT THE EXPENSE OF THE OWNERS OR OCCUPIERS OF THE GROUND FRONTING THEREONj DECLARING CERTAIN EN- CROACHMENTS TO BE A PUBLIC NUISANCEj PROVIDING PENALTIES FOR VIOLATIONS AND DECLARING AN EMERGENCY. OF OWASSO BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OKLAHOMA Section 1. The council may prohibit and prevent all encroach- ments into and upon the sidewalks; streets; avenues. alleys and other property of the City and may also regulate the planting and protection of shade trees in streets! building of bulkheads. cellar and basement stairways; railways; windows and door- ways, awnings, hitching postas and rails! lamp posts, awning posts, and all other structures projecting upon or over and adjouring, and all other excavations through and under or over sidewalks or along anay of the streets or rights of way of the City. The Council may demand the removal of the encroachments herein enumerated and may provide for the removal of all such encroachments or obstructions at the expense of the ower or occupiers of the grounds fronting thereon, or at the expense of the person placing the same there. 2. NOTICE: The Town Council shall give notice to the property ower of any encroachment the Council may deem necessary to be removed. said property ower or persons place or responsible for said encroachment shall within five (5) days after mailing of said notice by the Town, make substainial preparatoin for the removal of the specified encroachment and shall give evidence to the Council satisfactory to the Council that active measures are being taken to remove the encroachment as per the Council's notice and instruction. The notice herein required may be given by mailing a copy thereof ot the person responsible for the encroachment at said person's last knhown address and by posting a copy of the notice on the property hwere the encroachment occurs. if no address is available to the Council after reasonable search and inquiry, then posting shall be sufficient. The notice shall specify the nature of the encroachment and the demand for the removal thereof. If within five days after mailing said notice and posting thereof, evidence has not been submitted to the Town council showing immediate steps are being taken to remove said encroachment, the person responsible for the encroachment shall be fined in an amount not to exceed $20.00 for each day that said encroachment is allowed to remain and each day said enchroachment s allowed to remain shall constitute a separeate offense. Section 3. ENCHRACHMENTS CONSTITUTING AN IMMEDIATE HAZARD. Any enchroachment that in the opnion of the Council, constitutes an immediate hazard to the health, safety, and welface of the public shall be deemed a public nuisance and may be removed forth with by the Town and the costs of said removal charged to the person responsible for the encroachment. Section 4. EMERGENCY: Because of the present existence of conditions which obviously constitute an immediate threat to the safety of persons, property, peace and welface of the general public within the Town of Owasso, Oklahoma, an emergency exitsts for the preservation of public peacei healthi safetYlJ and welfare by reason whereof this ordinance shall take effect from and after its passage as provided by lawc Emergency Clause voted upon separately and passed by unani- mous vote of the Board of Trustees this 3rd day of DecemberlJ 19620 Passed by the Board of Trustees of the Town of Owasso1 Ok la- homa1 on the 3rd day of December; 1962 c Approved by the President of the Board of Trustees of the Town of Owassoi Ok1ahomau this 3rd day of DecemberQ 19620 Trustees Board Member Attorney for the Town of Owassoc Board Member Board Member Ordinance NO. 37 (Encroachments) PROOF OF POSTING STATE OF OKLAHOMA COUNTY OF TULSA. I, the undersigned, being duly sworn, say that on the 5th day of October, 1962, i posted true copies of the within ordinance in five public places in Owasso, Tulsa County, as follows: 1. City Hall 2. Venice Fashion Shop 3. Spencher's Deep Rock Station 4. Oklahoma Tire & Supply Store 5. Ed Well Good Market Signed subscribed and swon to before me this 5th day of December, 1962 Marcuerite M. Reed, Town Clerk by Deputy