HomeMy WebLinkAbout233_Governing the Use and or Development of Flood Prone AreasCITY OF OWASSO, OKLAHOMA
ORDINANCE NO 253
AN ORDINANCE PERTAINING TO THE BUILDING AND ZONING CODES OF THE CITY OF OWASSO,
OKLAHOMA; GOVERNING THE USE AND /OR DEVELOPMENT OF FLOOD PRONE AREAS WITHIN THE
CITY OF 01WASSO; DEFINING LAND AREAS REGULATED; PROVIDING FOR THE APPROVAL AND/
OR ISSUANCE OF ZONING CLEARANCE PERMITS AND/OR BUILDING PERMITS; PROVIDING
STANDARDS FOR THEIR ADMINISTRATION: SERVING AS AN AMENDMENT AND ADDENDUM TO
ORDINANCE 175, CHAPTER 9; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS
THEREOF AND DECLARING AN EMERGENCY.
WHEREAS, the City of Owasso, Oklahoma, has experienced flooding which has
caused damage to private and public property and which has threatened the public
peace, health and safety of certain citizens of the City of Owasso; and
WHEREAS, interim preventive measures to curtail the reoccurrence of such
flooding taken by the City of Owasso have expired; and
WHEREAS, the existing codes and ordinances of the City of Owasso pertaining
C,
to the utilization of real property are not adequate to insure the public peace,
health, and safety for all the citizens of the City of Owasso particularly res-
idents of areas known to be prone to flood; and
WHEREAS, the City of Owasso has been mandated by the Federal Insurance Ad-
ministration (National Flood Insurance Program) to take necessary action to
prevent property damage by flooding through appropriate development regulations
in order to maintain eligibility for subsidized flood insurance; and
WHEREAS, '-the City Of Owasso considers it necessary to develop the necessary
regulations to minimize the possibility of flood damage and threat to public
peace, health, and safety.,
NOT,q, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA:
Section 1, PURPOSE
This Ordinance is enacted for the purpose of;
A. Protecting the general health, safety, and welfare of the City of Owasso
from the hazards and dangers of flooding created by improper and unwise
flood plain development;
B. Minimizing damage to public facilities and utilities;
C. Establishing development controls upon parties situated within defined
flood prone areas;
D. Promoting and maintaining a stable tax base by providing for the sound
use and development of flood prone areas in such a manner as to minimize
future flood blight areas; and
E, Defining those areas in the City of Owasso which will be affected by
this Ordinance; and,
F, Insuring that potential buyers of property are notified that property
is in a flood area,,
Section 2, DEFINITIONS
Flood Prone Area or Area of Special Flood Hazard -- is the land in the
flood plain within a community subject to a one percent or greater chance
of flooding in any given year.
Base Flood--means the flood having a one percent chance of being equaled
oil, exceeded in any given year,
Development means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations,
Flood or Flooding--means a general and temporary condition of partial
or complete inundation of normally dry land areas from the unusual and
rapid accumulation or runoff of surface -waters from any source.
Flood Hazard Boundary Map (FHBMI)--means an official map of a community,
issued by the Federal Insurance Administration, where the areas within
the boundaries of special flood hazards have been designated as Zone A.
Habitable Floor--means any floor useable for living purposes, which in-
cludes working, sleeping, eating, cooking or recreation, or a combination
thereof, A floor used for storage purposes only is not a "habitable
floor.
Mean See Level--means the average height of the sea for all states of the
tide,.
Mobile Home--means a structure, transportable in one or more section, which
is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities, It does not
include recreational vehicles or travel trailers.
.Structure--means a walled and roofed building that is principally above
ground, as well as a mobile home.
Section 3, SCOPE OF CONTROLS
This ordinance shall apply to all areas of special flood hazard within
I
the jurisdiction of the City of Owasso, Oklahoma. Uses normally permitted in
applicable zoning districts shall be permitted providing the following pro-
visions have been me,---:
A, All new construction and substantial improvements (including the
placement of prefabricated buildings and mobile homes) shall --
1) be designed (or modified) and adequately anchored to
prevent flotation, collapse, or lateral movement of
the structure,
2) be constructed with materials and utility equipment
resistant to flood damage, and
3) be constructed by methods and practices that minimize
flood damage;
B, All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems;
C� All new and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters;
D -411 new and replacement on-site waste disposal systems shall be
located to avoid impairment to them or contamination from them during
flooding;
E� All new construction and substantial improvements of residential
structures shall have the lowest floor elevated to or above the base
flood level calculated on the basis of one hundred (100) percent up-
stream urbanization or development.
F, All new construction and substantial improvements of non-residential
structures shall have the lowest floor floodproofed or elevated to or
above the base flood level calculated on the basis of one hundred (100)
percent upstream urbanization or development,
G. Any altered or relocated water course shall maintain its original
flood carrying capacity; and
H. No man-made change to improved or unimproved property, including
filling, grading, paving, or excavating shall be commenced until a
Building Permit and/or Zoning Clearance Permit has been obtained for
each change;
i, All mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over the top and ground ties to
anchors. Specific requirements shall be:
1) over-the-top ties at each of the four corners of the
mobile home, with two additional ties per side at inter-
mediate locations and mobile homes less than 50 feet long
requiring one additional tie per side;
2) frame ties at each corner of the home with five ad-
ditional ties per side at intermediate points and mobile
homes less than 50 feet long requiring four additional ties
per side;
3) all components of the anchoring system be capable of carry-
ing a force of 4,800 pounds; and
4) any additions to the mobile home be similarly anchored,
Section 4. FLOOD PRONE AREAS DEFINED
A. The provisions of this Ordinance shall apply to and govern the place-
ment of structures and improvements and man-made changes of land, and the
issuance of Building Permits and/or Zoning Clearance Permits for property
within the Flood Prone Areas of the City of Owasso. For the purpose of
this Ordinance, the Flood Prone Area is defined as that area designated
as "Zone A" of the Flood Hazard Boundary Map of the Federal Insurance
Administration y
dministration dated the 27th day of August 1977 and any amendments
therefo. Copies for public review shall be available in the office of
the City Clerk of the City of Owasso
B� it shall be the responsibility of the City Council, through the of-
fice of the Building Inspector and/or Zoning Officer, to determine, on
request for a Building Permit and/or Zoning Clearance Permit, if a
particular tract of land is in part or in whole within the "Zone A" of
the Flood Hazard Boundary Map,
Section 5. ADMINISTRATION
A, Building Permits and/or Zoning Clearance Permits:
A request for the processing and issuance of a Building Permit and/or
Zoning Clearance Permit pertaining to property situated within the Bound-
ary of the defined flood prone area shall be accompanied by such plans as
may be necessary, including, at the descretion of the Building Inspector
and/or Zoning Officer, plans in duplicate, drawn to scale in black line
or blueprint, sho wing the actual shape and dimensions of the lot to be
built upon or to be changed in its use, in whole or in part; the exact
location, size and height of any building or structure to be erected or
altered; the existing and intended use of each building or structure or
part thereof; the number of families, dwellings, or housekeeping units
the building is designed to accommodate; and when no buildings are in-
volved, the location of the present use and proposed use to be made to
the lot; and when the property lies within the Flood Prone Area, the
elevation (in relation to mean sea level) of the lowest habitable floor
of all new or substantially improved structures; and such other infor-
mation with regard to the lot and neighboring lots as may be necessary
to determine and provide for the enforcement of these Regulations. One
copy of any such plan or plans shall be returned to the owner when such
-plans have been approved by the Building Inspector and/or Zoning Officer,
together with such Building Permit and/or Zoning Clearance Permit as may
be granted, All dimensions shown on these plans relating to the location
of the buildings thereon shall be staked out on the ground before construc-
tion is started. Whenever a lot is not provided and is not proposed to be
provided with public water supply and/or the disposal of sanitary wastes by
means of public sewers, the application for Building Permit and/or Zoning
Clearance Permit shall be accompanied by a certificate of approval by the
County Health Officer of the proposed method of water supply and/or dis-
posal of sanitary wastes,
B. Building inspector and/or Zoning Officer Action:
The Building Inspector and/or Zoning Officer shall act upon all such
applications on which it is authorized to act under these Regulations with-
in 30 days, after these are filed in compliance with the provisions hereef.
He shall either issue a Building Permit and/or Zoning Clearance Permit
within said 30 day period or he shall notify the applicant, in writing,
of his refusal of such a permit and set forth the reason therefor..
Failure to notify the applicant in case of such refusal within 30 days shall
entitle the applicant to the Building Permit and/or Zoning Clearance Permit,
unless the applicant consents to an extension of time. Under such rules as
may be adopted by the Board of Adjustment, the Building Inspector and/or
Zoning Officer may issue a temporary Building Permit and/or Zoning Clear-
ance Permit. He shall also review all permits to determine whether
proposed building sites will be reasonably safe from flooding; shall main-
tain a record of all lowest habitable floor elevations submitted to him;
shall, in the absence of other Federal Insurance Administration base flood
elevation date, consider other available data as basis for determining
lowest permitted floors; and shall notify adjacent communities of all pro-
posed water course alterations; and shall require that all other State and
Federal permits are obtained; and shall review all application and deter-
mine their conformance with the Subdivision Regulations of the City of
Owasso as applicable.
Section 6. VARIANCE PROCEDURES
The Board of Adjustment as established by the City of Owasso shall hear
and render judgment on requests for variances from the requirements of
this ordinance in accordance with the provisions of Chapter 14 of the
Zoning Code of the City of Owasso,
Section 7. EXEMPTIONS
Provisions of this Ordinance shall not be applicable to:
A. Any building permit, zoning clearance permit, zoning special ex-
ception approval, zoning variance approval, site plan approval, license,
-permit, or other approval granted prior to the initiation of the develop-
ment controls hereby enacted; however, nothing herein contained shall limit
the City's right b-, revoke any building permit, certificate of occupancy,
license or other approval previously issued when such revocation is in the
best interests of the health, safety and welfare of the community.
B. Agricultural activities, except for new construction of structures or
substantial improvements to structures,
C,, Home gardening.
D, Emergency repairs of a temporary nature made on public or private
-property which are necessary for the preservation of life, health or
property, and which are made under such circumstances where it would be
impossible to obtain prior Building Permit and/or Zoning Clearance Permit;
provided, however, such repairs shall not be considered as being exempt
from the provisions of this Ordinance and they shall be conclusively deem-
ed temporary and non-permanent unless subsequently authorized by an
appropriate Building Permit and/or Zoning Clearance Permit approval,
Section 8.. ENFORCEMENT AND PENALITIES
A, Suspension or Revocation of Build an Permit and/or Zoning Clearance
Permit:
Any Building Permit and/or Zoning Clearance Permit may be revoked or.
suspended by the Owasso City Council after a public hearing; ten calen-
dar days advance, . written notice shall be given to the permit grantee
specifying the grounds for such contemplated revocation or suspension and
advising the grantee of the date, place and time of the hearing before the
Owasso City Council; said permits may be revoked or suspended upon occur-
rence of any one of the following events:
I., Violation of any condition of the approval; or
2, Violation of any
law, Ordinance, rule
Building Permit and/
34 Existence of any
creating a nuisance,
of others.
B. Zf,�: nal t .
provision of this Ordinance, or any other applicable
or regulation pertaining to the work authorized by
Dr Zoning Clearance Permit approval; or
condition or the doing of any act constituting or
hazard, or endangering human life or the property
Any person, firm, corporation, or other
ments of this Ordinance shall be guilty
conviction, shall be fined not more than
each and every violation, and each day's
stitute a separate offence.
C. Fine Not Exclusive Remedies:
legal entity violating the require-
of a misdemeanor and, upon
Thirty-five Dollars ($35,00) for
violation thereof shall con-
in addition to any fine, the City may institute appropriate actions or
proceedings at law or equity for the enforcement of the provisions of
this Ordinance, or to correct the violations thereof; and, if applicable
and appropriate, the City may institute appropriate actions or proceedings
at law or equity against any surety company, escrow holder, or any third
party who has affirmatively acted as surety or guarantor for the grantee's
performance as authorized by the special exception approval,
Section 9. SEVERABILITY_ OF ORDINANCE
If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance shall be declared invalid, for any reason whatsoever, such decision
shall not affect the remaining portions of this Ordinance and they shall
remain in full force and affect; to this end, the provisions of this Ord-
inance are hereby declared to,be severable.
Section 10. E-MERGENCY DECLARED
An emergency is hereby declared to exist for the preservation of the
public peace, health and safety, by reason whereof this Ordinance shall
take affect immediately from and after its passage, approval and publi-
cation.
PASSED, and the emergency clause ruled- upon separately and approved this
day of
1978
Me y or
ATTEST,.,
DEPUTY CITY CLERK
APPROVED
CITY ATTORNEY
Affidavit Of Publication
STATE OF OKLAHOMA, TULSA COUNTY, as:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is publisher of the
Owasso Reporter
.................... .. ... .............. I........... a
weekly newspaper printed in the City of
OwasB ® ............. Tulsa County,
Oklahoma, a newspaper qualified to publish legal
notices, advertisements and publications as provided in
Section 196 of Title 25, Oklahoma Statutes 1971 as
amended, and complies with all other requirements of
the laws of Oklahoma with reference to legal public-
ations.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said news-
paper during the period and time of publication and not
in a supplement, on the following dates:
... ......... .June 29 .. 1978....
Subscribed and sworn to before me this ..... 30..day
of ..... Jmne .................. 197.$. ....
�.. ..
Notary Public
My commission expires: ... 8726-78 ..............
PUBLISHER'S FEE $259.42
LEGAL NOTICE
ed in the Owasso Reporter, Owasso, Tulsa County,
.burs., June 29, 1978.
CITY OF OWASSO,
OKLAHOMA
ORDINANCE NO.233
DINANCE PERTAINING TO THE BUILDING AND
3 CODES OF THE CITY OF OWASSO, OKLAHOMA:
tNING THE. USE AND -OR DEVELOPMENT OF
PRONE AREAS WITHIN THE CITY OF OWASSO;
ING LAND AREAS REGULATED; PROVIDING
HE APPROVAL AND -OR ISSUANCE OF ZONING
.ANCE PERMITS AND -Oft BUILDING PERMITS;
DING STANDARDS FOR THEIR AD-
PRATION; SERVING AS AN AMENDMENT AND
)UM TO ORDINANCE NO. 175, CHAPTER 9;
DING FOR ENFORCEMENT AND PENALTIES
UOLATIONS THEREOF AND DECLARING AN
3ENCY.
REAS, the City of Owasso, Oklahoma, has ex-
ed flooding which has caused damage to private and
)roperty and which has threatened the public peace,
and safety of certain citizens of the City of Owasso;
REAS, interim preventive measures to curtail the
•rence of such flooding taken by the City of Owasso
(pired; and
REAS, the existing codes and ordinances of the City
sso pertaining to the utilization of real property are
quate to insure the public peace, health, and safety for
dtizens of the City of Owasso particularly residents of
mown to be prone to flood; and
(REAS, the City of Owasso has been mandated by the
1 Insurance Administration (National Flood In-
c Program) to take necessary action to prevent
ty damage by flooding through appropriate
anent regulations in order to maintain eligibility for
zed flood insurance; and
:REAS, the City of Owasso considers it necessary to
)the necessary regulations to minimize the possibility
I damage and threat to public peace, health, and
THEREFORE, BE IT ORDAINED BY THE CITY
;H. OF THE CITY OF OWASSO, OKLAHOMA:
on 1. PURPOSE- -
rdinance is enacted for the purpose of:
otecting the general health, safety, and welfare of the
of Owasso from the hazards and dangers of flooding
;ed by improper and unwise flood plain development;
inimizing damage to public facilities and utilities;
tablishing development controls upon parties situated
n defined flood prone areas;
rotnoting and maintaining a stable tax base by
ding for the sound use and development of flood prone
i in such a manner as to minimize future flood blight
i; and
:fining those areas in the City of Owasso which will be
led by this Ordinance; and,
suring that potential buyers of.property are notified
property is in a flood area.
m 2. DEFINITIONS
I Prone Area or Area of Special Flood Hazard —is the
in the fl.d nlain within a rnmmnnity snhie t in a one
Flood or Flooding —means a general and temporary
condition of partial or complete inundation of normally dry
land areas from the unusual and rapid accumulation or
runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) —means an official
map of a community, issued by the Federal Insurance
Administration, where the areas within the boundaries of
special flood hazards have been designated as Zone A.
Habitable Floor —means any floor useable for living
purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A floor
uyed for storage purposes only is not a "habitable floor."
Mean Sea Level —means the average height of the sea for
all; states of the tide.
Mobile Home —means a structure, transportable in one or
more section, which is built on a permanent chassis and
designed to be used with or without a permanent foun-
dation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
Structure —means a walled and roofed building that is
principally above ground, as well as a mobile home.
Section 3. SCOPE OF CONTROLS
This ordinance shall apply to all areas of special flood
hazard within the jurisdiction of the City of Owasso,
Oklahoma. Uses normally permitted in applicable zoning
districts shall be permitted - providing the following
provisions have been met:
A. All new construction and substantial improvements
(including the placement of prefabricated buildings
and mobile homes) shall-
1) be designed (or modified) and
adequately anchored to prevent floatation,
collapse, or lateral movement of the
structure,
2) be constructed with materials and
utility equipment resistant to flood
damage, and
3) be constructed by methods and practices that
minimize flood damage;
B. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of flood
waters into the systems;
C. All new and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the
systems into flood waters;
D. All new and replacement on -site waste disposal
systems shall be located to avoid impairment to them or
contamination from them during flooding;
E. All new construction and substantial improvements of
residential structures shall have the lowest floor elevated
to or above the base flood level calculated on the basis of
one hundred (100) percent upstream urbanization or
development.
F. All new construction and substantial improvements of
non - residential structures shall have the lowest floor flood
proofed or elevated to or above the base flood level
calculated on the basis or one hundred (100) percent up-
stream urbanization or development.
G. Any altered or relocated water course shall maintain
its original flood carrying capacity; and
H. No man -made change to improved or unimproved
property, including filling, grading, paving, or excavating
shall be commenced until a Building Permit and-or Zoning
Clearance Permit has been obtained for each change;
I I. All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over the top
1 and ground ties to anchors. Specific requirements shall be:
1) over -the -top ties at each of the -
four corners of the mobile home, with
two additional ties per side at intermediate
locations and mobile homes less than
5o feet long requiring one additional tie
per side;
2) frame ties at each corner of the home
with five additional ties per side at intermediate
points and mobile homes less than 50
feet long requireing four additional ties
per side;
3) all components of the anchoring system '
be capable of carrying a force of 4,800
pounds; and
4) any additions to the mobile home be
similarly anchored.
Section 4. FLOOD PRONE AREAS DEFINED
A. The provisions of this Ordinance shall apply to and
govern the placement of structures and improvements and
man -made changes of land, and the issuance of Building
Permits and-or Zoning Clearance Permits for property
within the Flood Prone Areas of the City of Owasso. For the
purpose of this Ordinance, the Flood Prone Area is defined
as that area designated as "Zone A" of the Flood Hazard
Boundary Map of the Federal Insurance Administration
dated the 27th day of August 1977 and any amendments
therefor. Copies for public review shall be available in the
office of the City Clerk of the City of Owasso.
B. It shall be the responsibility of the City Council, through
the office of the Building Inspector and -or Zoning Officer,
to determine, on request for a Building Permit and-or
.Zoning Clearance Permit, if a particular tract of land is in
part or in whole within the "Zone A" of the Flood Hazard
Boundary Map. 1
Section 5. ADMINISTRATION
i
A. Building Permits and -or Zoning Clearance Permits:
A request for the processing and issuance of a Building
Permit and-or Zoning Clearance Permit pertaining to
property situated within the Boundary of the defined flood
prone area shall be accompanied by such plans as may be
necessary, including, at the descretion of the Building
Inspector and-or Zoning Officer, plans in duplicate, drawn
to scale in black line or blueprint, showing the actual shape
and dimensions of the lot to be built upon or to be changed
in its use, in whole or in part; the exact location, size and
height of any building or structure to be erected or altered;
the existing and intended use of each building or structure
or part thereof; the number of families, dwellings, or
housekeeping units the building is designed to ac-
commodate; and when no buildings are involved, the
location of the present use and proposed use to be made to
the lot; and when the property lies within the Flood Prone
Area, the elevation (in relation to mean sea level) of the
lowest habitable floor of all new or substantially improved
structures; and such other information with regard to the
lot and neighboring lots as may be necessary to determine
and provide for the enforcement of these Regulations. One
copy of any such plan or plans shall be returned to the
owner when such plans have been approved by the
Building Inspector and-or Zoning Officer, together with
such Building Permit and-or Zoning Clearance Permit as
,no•, 1•n nwn•.�.•.! All .lam .. _� ___ _.. .•
relating to the location of the buildings thereon shall oe
staked out on the ground before construction is started.
Whenever a lot is not provided and is not proposed to be
provided with public water supply and-or the disposal of
sanitary wastes by means of public sewers, the application
for Building Permit and-or Zoning Clearance Permit
shall be accompanied by a certificate of approval by the
County Health Officer of the proposed method of water
supply and -or disposal of sanitary wastes.
B. Building Inspector and -or Zoning Officer Action:
The Building Inspector and-or Zoning Officer shall act
upon all such applications on which it is authorized to act
under these Regulations within 30 days, after these are
filed in compliance with the provisions hereof. He shall
either issue a Building Permit and-or Zoning Clearance
Permit within said 30 day period or he shall notify the
applicant, in writing, of his refusal of such a permit and set
forth the reason therefor. Failure to notify the applicant in
case of such refusal within 30 days shall entitle the ap-
plicant to the Building Permit and-or Zoning Clearance
Permit, unless the applicant consents to an extension of
time. Under such rules as may be adopted by the Board of
Adjustment, the Building Inspector and -or Zoning Officer
may issue a temporary Building Permit and -or Zoning
Clearance Permit. He shall also review all permits to
determine whether proposed building sites will be
reasonably safe from flooding; shall maintain a record of
all lowest habitable floor elevations submitted to him;
shall, in the absence of other Federal Insurance Ad-
ministration base flood elevation data, consider other
available data as basis for determining lowest permitted
floors; and shall notify adjacent communities of all
proposed water course alterations; and shall require that
all other State and Federal permits are obtained; and shall
review all application and determine their conformance
with the Subdivision Regulations of the City of Owasso as
applicable.
Section 6. VARIANCE PROCEDURES
The Board of Adjustment as established by the City of
Owasso shall hear and render judgment on requests for
variances from the requirements of this ordinance in
accordance with the provisions of Chapter 14 of the Zoning
Code of the City of Owasso.
Section 7. EXEMPTIONS
Provisions of this Ordinance shall not be applicable to:
A. Any building permit, zoning clearance permit, zoning
special exception approval, zoning variance approval, site
plan approval, license, permit, or other approval granted
prior to the initiation of the development controls hereby
enacted; however, nothing herein contained shall limit the
City's right to revoke any building permit, certificate of
occupancy, license or other approval previously issued
when such revocation is in the best interests of the health,
safety and welfare of the community.
OWASSO REPORTER, THURSDAY, JUNE 29, 1978, PAGE
notice shall be given to the permit grantee specifying tl
grounds for such contemplated revocation or suspensi(
and advising the grantee of the date, place and time of tt
hearing before the Owasso City Council; said permits ma
be revoked or suspended upon occurrence of any one of tt
following events:
1. Violation of any condition of the approval; or
2. Violation of any provision of this Ordinance, or any othe
applicable law, Ordinance, rule or regulation pertaining t
the work authorized by Building Permit and -or Zonin
Clearance Permit approval; or
3. Existence of any condition or the doing of any act cot
stituting or creating a nuisance, hazard, or endangerini
human life or the property of others.
B. Penalty:
Any person, firm, corporation, or other legal entit
violating the requirements of this Ordinance shall be guilt:
of a misdemeanor and, upon conviction, shall be fined no
more than Thirty -five Dollars (35.00) for each and ever:
violation, and each day's violation thereof shall constitul
a separate offence.
C. Fine Not Exclusive Remedies:
In addition to any fine, the City may institute appropriab
actions or proceedings at law or equity for the enforcemen
of the provisions of this Ordinance, or to correct th,
violations thereof; and, if applicable and appropriate, thi
City may institute appropriate actions or proceedings a
law or equity against any surety company, escrow holder
or any third party who has affirmatively acted as surety o:
guarantor for the grantee's performance as authorized bl
the special exception approval.
Section 9. SEVERABILITY OF ORDINANCE
If any section, subsection, paragraph, sentence, clause m
phrase of this Ordinance shall be declared invalid for and
reason whatsoever, such decision shall not affect tht
remaining portions of this Ordinance and they shal .
remain in full force and affect; to this end, the provision:
of this Ordinance are hereby declared to be severable.
Section 10. EMERGENCY DECLARED
An emergency is hereby declared to exist for the preser
vation of the public peace, health and safety, by reasor
whereof this Ordinance shall take affect immediately from
and after its passage, approval and publication.
PASSED, and the emergency clause ruled upon separately
and approved this 16 day of May, 1978.
ATTEST:
B. Agricultural activities, except for new construction of Wauhilleau Webb
structures or substantial improvements to structures. Deputy City Clerk
C. Home gardening. APPROVED:
Harold Charney
D. Emergency repairs of a temporary nature made on City Attorney
public or private property which are necessary for the
preservation of life, health or property, and which are
made under such circumstances where it would be im-
possible to obtain prior Building Permit and-or Zoning
Clearance Permit; provided, howevever, such repairs
shall not be considered as being exempt from the
provisions of this Ordinance and they shall be conclusively
deemed temporary and non - permanent unless sub-
sequently authorized by an appropriate Building Permit
and-or Zoning Clearance Permit_ approval.
Mayor
Bill Williams