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HomeMy WebLinkAbout375_Amending Procedure Relating to Junked_Inoperable_Abandoned Vehicles652610 book 5062 page 1526 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 87 NOV 6 AM 10:48 JOAN HASTINGS TULSA COUNTY CLERK CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 375 AN ORDINANCE AMENDING PART EIGHT (8), HEALTH AND SANITATION, CHAPTER FOUR (4) ABANDONED, WRECKED AUTOS, REPEALING EXISTING LANGUAGE CONTAINED IN SECTIONS 8 -404 THROUGH 8 -408, AND IN LIEU THEREOF ADOPTING PROVISIONS PERTAINING TO REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES OBSTRUCTING TRAFFIC, LOCATED ON PUBLIC RIGHT -OF -WAY, LOCATED ON PRIVATE PROPERTY, MAKING PROVISIONS FOR NOTICE TO OWNER, HEARING, OWNER REGAINING POSSESSION, DECLARING AS CUMULATIVE, DIRECTING RENUMBERING, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF OWASSO, OKLAHOMA, THAT: SECTION 1: The provisions of Section 8-404 through Section 8-408 of the existing Code of Ordinances of the City of Owasso, Oklahoma, such Sections providing as follows: Section 8-404 - Notice to owner to remove, hearing by council, Section 8-405 - Removal, Section 8-406 - Owaner may Regain, Section 8-407 - Orders from municipal court, section 8-408 - immediate removal of vehicle obstructing traffic are hereby expressly repealed. SECTION 2: That the Code of Ordinances of the City of Owasso, Oklahoma, be amended to provide, as follows, to -wit: SECTION 8 -404 - IMMEDIATE REMOVAL OF VEHICLE OBSTRUCTING TRAFFIC. A. If a Police Officer of the City of Owasso, Oklahoma, or the Code Enforcement Officer of said City, has reasonable cause to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic, such Officer shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order. B. If the value of the abandoned vehicle is certified as One Hundred Dollars ($100.00) or less, then within ten (10) days of the date of the certification of sale value, written notice shall be sent by the certifying Officer or an authorized member of his agency, to the last known registered owner of the vehicle, stating the location where the abandoned vehicle was found, the certified sale value, the physical description of the vehicle, the license registration number, and the location where the vehicle is being stored. If the abandoned vehicle has not be recovered by the owner by payment of all costs of impounding, towing, storage and other related charges, then thirty (30) days from the date of the certification of value, the certifying officer, or an authorized member of his agency, shall then authorize disposal, by selling for salvage or in some other BOOK 5062 PAGE 1527 manner, of the abandoned vehicle without further notice. All proceeds realized from the disposal of the abandoned vehicle shall, after payment of any costs involved, be deposited with the appropriate depository of the City. C. If the abandoned vehicle is valued at sale for more than One Hundred Dollars ($100.00) the procedures prescribed by Sections 903 through 911 of Title 47 Oklahoma Statutes shall be applicable. SECTION 8 -405 - REMOVAL OF DISMANTLED, Jam, ABANDONED OR INOPERABLE VEHICLES FROM PUBLIC PROPERTY. A. Any Police Officer of the City of Owasso, Oklahoma, or Code Enforcement Officer of said City, shall have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon any portion of the highway, shoulder, right -of -way, or other public property, if after a period of forty -eight (48) hours from the time of posting of notification on said vehicle directing removal of same, there is no evidence of an apparent owner who intends to remove same. B. The Notice provided for above shall be in writing and contain the request for removal within the time specified in this ordinance, to -wit, forty -eight (48) hours. The Notice shall advise that upon a failure to comply with the Notice to remove, the City, or its designee, will undertake such removal with the cost of the removal to be levied against the owner of the property. Such Notice shall further provide that the owner or such owner's authorized representative, may, within the time specified in the Notice, contact the City Manager of the City of Owasso, Oklahoma, for purposes of challenging whether or not such vehicle constitutes a nuisance, as defined herein and whether same should be removed. If the vehicle has not been removed within the forty -eight (48) hour period provided for in the Notice, or a hearing, as above provided for with the City Manager, is not requested within such time, the vehicle shall at the expiration of the forty -eight (48) hour period be removed, impounded and stored for violation of this Ordinance. Subsequent to such removal, the Code Enforcement Officer shall give notice to the owner of the location where the vehicle is stored and the cost incurred by the City for the removal; whereupon, the vehicle shall be re- delivered to the owner, or sold, under the conditions as provided for in Section 8 -407. SECTION 8 -406 - REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES LOCATED ON PRIVATE PROPERTY. A. 1. Any Police Officer of the City of Owasso, Oklahoma, or Code Enforcement Officer of said City, shall, under the circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon private property within the corporate limits of the City of Owasso, Oklahoma. 2. The Police Officer or Code Enforcement Officer, as may be designated by the City Manager, shall notify the owner, as evidenced by the records of the State Department of Public Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return receipt requested, or by personal service, or by attaching a copy of the notice in a conspicuous place on the property to be removed, and if there be a building located on the property, by attaching a copy of the notice to the -2- BOOK 5062 PACE 1528 main entranceway of the 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 (15) years or upon the member of any household fifteen (15) years of age or older. The notice shall contain the following information: a. The nuisance must be abated within forty -eight (48) hours after receipt of notice by certified mail or within forty -eight (48) hours of posting of notice or upon personal service as hereinbefore provided. b. The owner or person having control of the property upon which the nuisance is located may, within the forty -eight (48) hour period provided for in said Notice for removal, request, in writing, directed to the Code Enforcement Officer of the City, a hearing before the City Council of the City of Owasso, Oklahoma. C. The failure to request a hearing within the time period shall cause an abatement order to be issued and the same shall be removed by the proper city authorities and all charges incidental and necessary to the removal thereof shall be charged to the owner or the person having control of the property; d. If a hearing as above provided is requested within the time provided a hearing shall be set before said City Council not less than five (5) days nor more than fifteen (15) days from said request. At such hearing the owner may appear and protest and show cause why such abatement order should not be issued; and e. If the City Council determines a nuisance exists and if the City Council orders an abatement after the hearing provided herein, the same shall be removed by the 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 after such order within which to abate the nuisance. B. 1. 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 request a hearing within the time provided 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 the nuisance forthwith without further notice or time being given. 2. If such owner, lessee or person in control of the property requests a hearing within the time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the hearing, then such owner, lessee or person having control of the property shall abate same within seventy -two (72) hours of the ruling. 3. The City Manager, if same is not abated within seventy -two (72) hours of said order of abatement, shall direct the Code Enforcement Officer, to cause the removal and abatement 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 in the manner as provided for in Section 8 -407. -3- BOOK 5062 PACE 1529 SECTION 8 -407 - OWNER MAY REGAIN. The owner of any vehicle so removed may regain possession thereof by making application to the Code Enforcement Officer, within thirty (30) days after removal and upon payment to the City 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. After payment of towing and storage costs, all funds remaining shall become the property of the City. SECTION 3. The provisions of Section 8 -409 - Penalty shall be renumbered as Section 8 -408. SECTION 4. The provisions hereof shall be deemed cumulative, same to be considered as being in addition to any other powers the municipality may possess pursuant to Charter, Code or state law, whether same be legal or equitable in nature, or providing for civil or criminal proceedings pertaining to regulation of nuisances. SECTION 5. EMERGENCY CLAUSE. That there presently exists within the corporate limits of the City of Owasso, Oklahoma, dismantled, junked, abandoned or inoperable vehicles which tend to impede traffic in the streets, interfere with the enjoyment of property, reduce the value of private property, invite plundering, create fire hazards, and result in a serious hazard to the public health, safety, comfort, convenience, welfare and happiness of the residents of the City of Owasso, Oklahoma, requiring immediate action be taken to eliminate such conditions and thereby necessitating the declaration herein as an emergency whereby this Ordinance shall take effect immediately upon passage and publication thereof. APPROVED this 3rd day of November, 1987, with emergency clause voted upon and approved separately. CITY OF OWASSO, OKLAHOMA, A Municipal Corporation VON E. STOCKLER, MAYOR ATTEST: JANE BUCHANAN, CITY CLERK APPROVED AS TO FORM: RONALD D. CATES, 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 the publisher of the Owasso Reporter a weekly newspaper printed in the City of ... �1sa Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 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 following dates: Novenber 12th 1987 Subscribed and sworn to before Notary Public My Commission expires PUBLISHER'S FEE $174.64 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, November 12,1987. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 375 AN ORDINANCE AMENDING PART EIGHT (8), HEALTH AND SANITATION, CHAPTER FOUR (4) ABANDONED, WRECKED AUTOS, REPEALING EXISTING LANGUAGE CONTAINED IN SECTIONS 8404 THROUGH 8-M, AND IN LIEU THEREOF ADOP- TING PROVISIONS PERTAINING TO REMOVAL OF DLSMANTELED, JUNKED, ABANDONED OR IN- OPERABLE VEHICLES OBSTRUCTING TRAFFIC, LOCATED ON PUBLIC RIGHT - OF-WAY, LOCATED ON PRIVATE - PROPERTY, MAKING PROVISIONS FOR NOTICE TO OWNER, HEAR- ING, OWNER REGAINING POSSESSION, DECLARING AS CUMULATIVE, DIRECTING RENUMBERING, AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, SECTION 1: The provisions of Section $404 through Section 8 -908 of the existing Code of Ordinances of the City of Owasso, Oklahoma, such Sections providing as follows: Section 8-404 - Notice to Owner to Remove, Hearing by Council, section 84M - Removal, Section 8-406 - Owner May Regain, Section 8-407 - Orders From Municipal Court Section 84o8 - Im- mediate Removsi Of Vehicle Obstructing Traffic, are hereby expressly repealed. MON 2: That the Code of ordi- nances of the City of Owasso, Oklahoma, be amended to provide, as follows, to-wit: SECTION 8 -404 — IMMEDIATE REMOVAL OF VEHICLE OBSTRUC- TING TRAFFIC. A. H a Police Officer of the City of Owasso, Oklahoma, or the Code En- forcement Officer of said City, has rea- sonable cause to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic, such Officer shall have the authority &; remove or direct the removal of the vehicle immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order. B. If the value of the abandoned vehicle is certified as One Hundred Dollars ($100.00) or less, than within ten (10) days of the date of the certification of sale value, written notice shall be sent by the certifying Officer or an authorized member of his agency, to the last known registered owner of the vehicle, stating the location where the abandoned vehicle was found, the certified sale value, the physical description of the vehicle, the license registration number, and the location where the vehicle is being stored. If the abandoned vehicle has not been recovered by the owner by payment of all costa of impounding, towing, storage and other related charges, then thirty (3o) days from the date of the certification of value, the certifying officer, or an authorized member of his agency, shall than authorize disposal, by selling for salvage or in some other manner, of the abandoned vehicle without further notice. All proceeds realized from the disposal of the abandoned vehicle shall, after Payment of any costa involved, be do- pthosiit with the appropriate depository of City. C. U the abandoned vehicle is valued at sale for more than One Hundred Dollars ($100.00) the procedures prescribed by Sections 903 through 911 of Title 47 Oklahoma Statutes shall be applicable. SECTION 8405 — REMOVAL OF DISMANTLED, JUNKED, ABAN- DONED OR INOPERABLE VEHICLES FROM PUBLIC PROPERTY. A. Any Police Officer of the City of Owasso, Oklahoma, or Code Enforcement Officer of said City, shall have the authority to remove or direct the removal of a dismantled, junked abandoned or inoperable vehicle when same is found upon any portion of the highway, shoulder, rigbtof -way, or other public property, if after a period of forty -eight (48) hours from the time of posting of notification on said vehicle directing removal of same, there is no evidence of an apparent owner who intends to remove same. B. The Notice provided for above shall be in writing and contain the request for removal within the time specified in this Ordinance, to-wit: forty-eight (48) hours. The Notice shall advise that upon a failure to comply with the Notice to remove, the City, or its designee, will undertake such removal with the cost of the removal to be levied against the owner of the property. Such Notice shall further provide that the owner or such owner's authorized representative, may, within the time specified in the Notice, contact the City Manager of the City of Owasso, Oklahoma, for purposes of challenging whether or not such vehicle constitutes a nuisance, as defined herein and whether same should be removed, if the vehicle has not been removed within the forty -eight (48) hour period provided for in the Notice, or a hearing, as above provided for with the City Manager, is not requested within such time, the vehicle shall at the expiration of the forty-eight (48) hour period he removed, impounded and stored for violation of this Ordinance. Subsequent to such removal, the Cade Enforcement Officer shall give notice to the owner of the location where the vehicle is stored and the cost incurred by the City for the removal; whereupon, the vehicle shall be redelivered to the owner, or sold, under the conditions as provided for in Section 8-407, SECTION 8.908 — REMOVAL OF DISMANTLED, JUNKED, ABAN- DONED OR INOPERABLE VEHICLES LOCATED ON PRIVATE PROPERTY. A. 1. Any Police Officer of the City of Owasso, Oklahoma, or Code Enforcement Officer of said City , shall, under the circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled, junked, aban- doned or inoperable vehicle when same is found upon private property within the corporate limits of the City of Owasso, Oklahoma. 2. The Police Officer or Code En- forcement Officer, as may be designated by the City Manager, shall notify the owner, as evidenced by the records of the State Department of Public Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return receipt re- quested, or by personal service, or by attaching a copy of the notice in a con- spicuous place on the property to be removed, and if there be a building located on the property, by attaching a copy of the notice to the main en- tranceway of the building in a conspic- coos 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 (15) years or upon the member of any household fifteen (15) years of age or older. The notice shall contain the following informatian: a. The nuisance most be abated within forty -eight (48) hours after receipt of notice by certified mail or within for- ty -eight (48) hours of posting of notice or upon personal service as hereinbefore provided. b. The owner or person having control of the property upon which the nuisance is located may, within the forty-eight (48) hour period provided for in said Notice for removal, request, in writing, directed to the Code Enforcement Officer of the City, a hearing before the City Council of the City of Owasso, Oklahoma. C. The failure to request a hearing within the time period shall cause an abatement order to be issued and the same shall be removed by the proper city authorities and all charges incidental and necessary to the removal thereof shall be charged to the owner or the person having control of the property; d. H a hearing as above provided is requested within the time provided a hearing shall be set before said City Council not less than five (5) days nor more than fifteen (15) days from said request. At sucluhearing the owner may appear and protest and show cause why such abatement order should not be issued; and e. If the City Council determines a nuisance exists and if the City Council orders an abatement after the hearing provided herein, the same shall be removed by the 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 after such order within which to abate the nuisance. B. 1. 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 request a hearing within the time provided 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 the nuisance forthwith without further notice or time being given. 2. If such owner, lessee or person in control of the property requests a hearing within the time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the hearing, then such owner, lessee or person having control of the property shall abate same within seventy-two (72) hours of the ruling. 3. The City Manager, if same is not abated within seventy-two (72) hours of said order of abatement, shall direct the Code Enforcement Officer, to cause the removal and abatement 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 in the manner as provided for in Section 8107. SECTION 8.407 — OWNER MAY REGAIN. The owner of any vehicle so removed may regain possession thereof by making application to the Code Enforcement Officer, within thirty (30) days after removal and upon payment to the City 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 commer- cial manner. After payment of towing and storage costs, all funds remaining shall become the property of the City. SECTION & The provisions of Section &419 — Penalty shall be renumbered as Section 8408. SECTION 4. The provisions hereof shall be deemed cumulative, same to be considered as being in addition to any other powers the municipality may possess pursuant to Charter, Code or state law, whether same be legal ox equitable in nature, or pro- viding for civil or criminal proceedings Pertaining to regulation of nuisances. SECTION S. EMERGENCY CLAUSE. That there presently exists within the corporate limits of the City of Owasao, Oklahoma, dismantled, junked, aban- doned or inoperable Vehicles which tend to impede traffic in the streets, interfere with the enjoyment of property, reduce the value of private property, invite plundering, create fire bass,*, and result in a serious hazard to the public health, safety, comfort, convenience, welfare and happiness of the residents of the City of Owasso, Oklahoma, requiring immediate action be taken to eliminate such conditions and thereby necessitating the declaration herein as an emergency whereby this Ordinance shall take effect immediately upon passage and publics- APPROVED this 3rd day of November, 1887, with emergency clause voted upon and approved separately. CITY OF OWASSO, OKLAHOMA A Municipal corporation /s/ VONE. STOCKLER ATTEST: MAYOR /s /JANE BUCHANAN CITY CLERK APPROVED AS TO FORM: /a /RONALDD. CATES CITYATTORNEY (SEAL)