The URL can be used to link to this page

Home My WebLink About292_Relating to Derelict VehiclesCITY OF 0 ASSO, OKLAHOMA ORDINANCE NO, 292 Of AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 9, OF THE OWASSO CITY CODE AND PROVIDING FOR THE DEFINITION OF DERELICT VEHICLES, DECLARING SAME A NUISANCE, PROVIDING FOR NOTICES AND HEARING FOR REMOVAL THEREOF AND SETTING FORTH PROCEDURES AND AUTHORIZING ABATEMENT AND REMOVAL THEREOF BY THE CITY, AND nECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. ARTICLE 9. DFRELICT VEHICLES Sec. 13-49. Definitions. The following definitions shall apply in the interpretation an6 enforcement of this article: 1) "Person" shall mean any person, firm, partnership, association, corporation, company or organiza- tion of any kind. 2) "Vehicle" shall mean any machine propelled by owner other than by muscle tion anv automobile, truck buqqy, waqon, or self-prop equipment. and shall trailer, alled farm include without limita- motorcycle, tractor, or construction 3) "Public property" shall mean any property owned or controlled in the town limits by the City of Owasso, Tulsa County, the State of Oklahoma or the United States Government, and shall include all streets and highways. 4) "Private property" shall mean any real property in the City of Owasso, which is not public property. 5 "Dismantled, junked, abandoned or inoperable vehicles" shall he deemed and shall mean to include the major parts thereof including bodies, engines, transmissions, frames, rear ends and old tires, wheels and upholstering. (Ord. 119, 3 7.) > E < < ro Y LUUJ ao Z 0 LU 0 J IMF! " G J "" FACE Sec. 13-50. (Reserved). Sec. 13-51. Vehicles. No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or parts thereof or any vehicle legally or physically incapable of being operated, for a period exceeding forty-eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the City of Owasso, Oklahoma, or stored on property lawfully designated under the zoning ordinances of the City of Owasso, as a place where such vehicles may be stored. (Ord. 119, §l.) Sec. 13-52. Nuisance. The accumulation and/or storage of one or more vehicles or parts thereof as described in Section 13-51 shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the City of Owasso. it shall be the duty of the owner of such vehicles or parts thereof, and/or the owner of the private property, lessee or other person in possession or control of the property upon which such vehicle is located to remove the vehicle fro-mi such property or have the vehicle housed in a building where it will not be visible from the street or other private property. Sec. 13-53. Notice. The Code Enforcement Officer, as may be designated by the City Manager, shall notify the owner, as evidenced by the records of the Oklahoma Department of Public Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return receipt - 2 - 11 E E Y 21 C) z Z0 05 A LU Z31 0 requested, or by personal service, or by attaching a copy of said notice in a conspicuous place on the property to be removed, and if there be a building located on said property by attaching notice to the property to be removed and by attaching a copy of the notice t o the main entranceway of said building in a conspicuous place thereon. Notice may also be given by service of same on a person in possession or control of the property as owner, lessee, custodian or licensee over the age of fifteen (1 5) years or upon the member of any household fifteen (15) years of age or older. The notice shall contain the following information: 1) That the nuisance must be abated as provided in Section 13-52 within forty-eight (48) hours after posting of notice or personal service as herein provided; provided, that if said property is unimproved or uninhabited, notice shall be given by certified mail, return receipt requested, if possible, to the last known address of the owner of said property as reflected by the records of the County Clerk of Tulsa County, Oklahoma. Posting of notice on the premises as hereinabove provided shall be deemed adequate notice to the owner if service by certified mail cannot be had 2) The nuisance must be abated within forty-eight (43) hours after receipt of notice by certified mail or within forty-eight (48) hours of posting of notice or upon personal service as hereinabove provided. If nuisance is not abated within the time prescribed in the notice, the owner or person having control of the property upon which the nuisance is located shall appear before the City Council of the City of Owasso, Oklahoma, at a City Council Meeting not more than thirty (3 0) days nor less than ten (10) days from date of posting or service. The time for said council meeting and appearance shall be stated in the notice. 3) That failure to appear shall cause an abatement order to issue and the same shall be removed by the proper - 3 - > < < I . g E 0' K z W ..2 1 C", LUJ p Q on < us _j 0 Q city authorities and all charges incidental and necessary to the removal thereof shall be charged to the owner or the person having control of said property. 4) That the owner may appear and protest and show cause why such abatement order should not be issued. 5) That if the City Council determines a nuisance exists and if the City Council orders an abatement after the hearinn orovided herein. that qxmn qbxl! SP ypmnwod bw e K� City at the cost of the owner or the person having control of the property upon which the nuisance is located; provided, the City shall allow the owner or person having control thereof seventy-two (72) hours within which to abate the nuisance. Sec. 13-54. Removal. Upon failure of the owner of the vehicle or the owner, lessee or person having control of the property on which the vehicle is located to appear at the hearing as provided in the preceding section, or to remove the vehicle or to place it in an enclosed building, then the City shall have the right to abate said nuisance forthwith without further notice or time being given. If such owner, lessee or person in control of the property appears to protest at the hearing herein provided and is ordered to abate such nuisance at said hearing, then such owner, lessee or person having control of the property shall abate same within seventy-two (72) hours of said ruling. The City Manager, if same is not abated, shall direct the proper Code Enforcement Officer, as he may determine, to cause the removal and aba- tement of such nuisance and reasonable costs and charges for the removal of the nuisance shall be charged to the owner, lessee or person in control of the property upon which the vehicle is located. - 4 - R Sec. 13-55. Owner mav reqain. The owner of any veticle so removed may regain possession thereof by making application to the director of the Owasso Code Enforcement Officer within thirty (30) days after its removal and upon payment to the City of Cwasso all reasonable costs of removal and storage which shall have accrued to such vehicle. if the vehicle is not so reclaimed within thirty (30) days, it may be sold without further notice in a reasonably commercial manner; and, after payment of towing and storage costs, all funds remaining shall become the property of the City of Owasso. (Ord. 235, §l.) That an emerqency is hereby declared to exist for the preservation of the public peace, health and safety, by reason whereof this Ordinance shall take effect immedi ate l 7,7 from and after its passage, approval and publication. PASSED and the emergency clause ruled upon separately and approved this" day of 1980. APPROAD: City Attorney > eai < < E Y LU LU X 0 < 0 = z 00 LU 0 co BOYD 'SPENCER, ff Tor City of Cwass84 Oklahoma - 5 - Affidavit Of Publication STAVE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is publisher of the. . ....... . ..............................a weekly newspaper printed in the City of ......... Tulsa County, Oklahoma, a newspaper qualified to Legal publish legal notices, advertisements and publications as Published in the Owasso reporter, Tulsa County, Okla,, October 36t 1980. provided in Section 106 of Title 25, Oklahoma Statutes 1971 ORDINANCE NO. 292 as amended, and thereafter, and complies with all other AN ORDINANCE AMENDING CHAPTER 13, ARTICLE requirements of the laws of Oklahoma with reference to 9, OF THE'OWASSO CITY CODE AND PROVIDING FOR THE DEFINITION OF DERELICT VEHICLES, legal publications. DECLARING SAME A NUISANCE, PROVIDING FOR NOVICES AND HEADING FOR REMOVAL THEREOF That said notice, a true copy of which is attached AND SETTING FORTH PROCEDURES AND' AUTHORIZING 'ABATEMENT AND REMOVALi. hereto, was published ;n the regular edition of said THEREOF BY THE CITY, AND DECLARING AN EMERGENCY. _ newspaper during the period and time of publication and PASSED and the emergency clause ruled upon separately not in a supplement, on the following dates: �ap8 Y ............. ....... . . . . .rpm . . ."'� A.� . . . . . .. .. ... . Subscribed and sworn to before one this ....: : <.. :.... . day of . , ...... ? u ........... , 198 Notary Public My commission expires PUBLISHER'S FEE 207 SOUTH CEDAR PHONE 272 -2251 October 3, 1980 TO: MAYOR SPENCER AND COUNCIL MEMBERS FROM: KENNETH THOMPSON, CITY MANAGER r� RE: AGENDA ITEMS FOR COUNCIL MEETING OF OCTOBER 7, 1980 REVIEW OF CITY CODE REGULATIONS - DERELICT VEHICLES OWASSO, OKLAHOMA 74055 �d /D You will recall that a few months ago an effort was made to initiate action against a property owner because of storage of inoperable vehicles on his property. The City Attorney pointed out there were some discrepancies in the city ordinance. He has since revised the ordinance and has enclosed the proposed revision to eliminate the existing discrepancies in the ordinance. I have reviewed the proposed changes and believe it would be a much more effect- ive ordinance than the current one. I suggest that we discuss the ordinance in detail at the Council meeting and if you agree with the changes, that the ordinance be adopted. KT:mjm