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HomeMy WebLinkAbout408_Amend Part 8 Ch 1_Establishing Adminisrative Hearing Officer City Manager_Nuisance & Weed AbatementBOOK 5219 PAGE 15 851500 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 408 AN ORDINANCE RELATING TO PART 8 HEALTH AND SANITATION, CHAPTER ONE (1), TRASH, WEEDS, AND LITTER, ARTICLE A TRASH AND WEEDS, REPEALING SECTION 8 -104 AND SECTION 8 -106 AND PROVIDING LANGUAGE IN LIEU THEREOF TO PROVIDE FOR DESIGNATION OF THE CITY MANAGER OF THE CITY OF OWASSO, OKLAHOMA, TO SERVE AS ADMINISTRATIVE OFFICER TO CARRY OUT THE DUTIES OF THE GOVERNING BODY AS RELATES TO PROVISION OF A HEARING FOR DETERMINATION OF A NUISANCE AS WELL AS ORDERING ABATEMENT OF SAME, PROVIDING FOR APPEAL THEREFROM TO THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SECTION 8 -106 DESIGNATING THE OFFICE OF THE CITY MANAGER OF THE CITY OF OWASSO, OKLAHOMA, AS THE HEARING OFFICER TO DETERMINE THE ASSESSMENT OF COST, AND FURTHER, PROVIDING APPEAL THEREFROM TO THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One (1): Section 8-104 - Receipt of Report, Rearing and Notice, is hereby repealed and in lieu thereof there be provided as follows, to wit: Section 8 -104. RECEIPT OF REPORT, HEARING AND NOTICE. (A) Upon receiving the report provided for in Section 8 -103 of this Code, or upon receipt of equivalent information from any reliable source, the City Code Enforcement Officer shall place the matter upon an agenda for hearing and consideration at an appropriate date which will permit the giving of the notices prescribed by state law. At such Hearing, the City Manager shall consider whether the premises, by reason of the conditions specified, are detrimental to the health, benefit and welfare of the public and the community or a hazard to traffic, or a fire hazard to property, or any two of more of such conditions. (B) At least ten (10) days prior to the Hearing, the City Code Enforcement Officer shall give written notice of the Hearing by posting upon the premises and by forwarding a copy of thereof by certified mail with return receipt requested to the owner of the property at the address shown by the current years tax rolls in the office of the Treasurer of the County in which the property is located. If the return receipt shows that the property owner cannot be located, notice shall be given by publication in the newspaper of general circulation one time not less that ten (10) days prior to the date of the Hearing. (C) At least ten (10) days from the date of receipt of the notice by the owner and upon the date specified in the notice the City Manager shall hear the matter and shall receive information thereon including anything which may be presented by the owner of the premises, personally or by agent or attorney. If the City Manager determines that any of the conditions specified in Section 8 -103 of this code exist upon the premises, he may order the property to be cleaned of trash and /or weeds to be cut, removed or destroyed unless within ten (10) days from receipt of the notice the owner either: 1) Cuts, removes or destroys the trash or weeds in accordance with the notice. BOOK 5219 PAGE 16 2) Gives written consent authorizing the City to abate the trash or weeds, thereby waving his right to a hearing; or, 3) Appeals to the City Council from the order of the City Manager. (D) Such an appeal to the City Council from the Order of the City Manager shall be taken by filing written Notice with the City Clerk within ten (10) days after the Administrative Order is rendered. The filing of written Notice of Appeal with the Municipal Clerk shall operate to stay the enforcement of the Order of the City Manager appealed from. As soon thereafter as possible, and upon not less than ten (10) days notice to the property owner, the City Council of the Municipality shall consider the matter de novo. Section Two (2): Section 8 -106. Determination and Assessment of Cost be and same hereby is repealed and in lieu thereof there be provided as follows, to wit: Section 8 -106. DETERMINATION AND ASSESSMENT OF COST. Upon completion of the work ordered to be performed under Section 8 -105 of this code, the City Manager shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith including the cost of notice and mailing. The City Manager shall examine the report and, after receiving appropriate information, shall determine the total cost of the work. Thereafter the City Clerk shall forward a statement and demand for payment of the total cost by certified mail with return receipt requested to the owner of the property at the address shown by the current tax rolls in the office of the Treasurer of the County in which the property lies. The property owner shall have a right to appeal to the City Council body from the assessment rendered by the City Manager. Such appeal shall be taken and held in accordance with the provisions of 8- 104(d). Section Three (3). This Ordinance, upon passage, shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 17th day of October, 1989. AS TO FORM: Ronald D. Cates, City Attorney CITY OF OWASSO, OKLAHOMA STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 89 NOV-9 AM 11:28 JOANHASTINGS TULSA COUNTY CLERK PAtricia K. Marlkr, Mayor book 5219 page 17 Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso newspaper printed in the City of s a newspaper during the period and time of publication and not in a supplement, on the following dates: Octobe, Subscrited and sworn.. Notary Public My Conmlissi PUBUSHER'S FEE $ Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, October 26, 1989. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 408 AN ORDINANCE RELATING TO PART 8 HEALTH AND SANITA- TION, CHAPTER ONE (1), TRASH, WEEDS, AND LITTER, ARTICLE A TRASH AND WEEDS, REPEALING SECTION 8 -104 AND SECTION 8-106 AND PROVIDING LANGUAGE IN LIEU THEREOF TO PROVIDE FOR DESIGNATION OF THE CITY MANAGER OF THE CITY OF OWASSO, OKLAHOMA, TO SERVE AS ADMINISTRATIVE OFFICER TO CARRY OUT THE DUTIES OF THE GOVERNING BODY AS RELATES TO PROVI- SION OF A HEARING FOR DETERMINATION OF A NUISANCE AS WELL AS ORDERING ABATEMENT OF SAME, PROVIDING FOR APPEAL THEREFROM TO THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SECTION 8-106 DESIGNATING THE OFFICE OF THE CITY MANAGER OF THE CITY OF OWASSO, OKLAHOMA, AS THE HEARING OFFICER TO DETERMINE THE ASSESSMENT OF COST, AND FUR- THER, PROVIDING APPEAL THEREFROM TO THE CITY ING AN EFFECTIVE DATE. BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT Section One (1): Section 8-104- Receipt of Report, Hearing and Notice, is hereby repeated and in lieu thereof there be provided as fol- lows, to wit: Section 8-104. RECEIPT OF REPORT, HEARING AND NOTICE (A) Upon receiving the report provided for in Section 8-103 of this Code, or upon receipt of equivalent information from any reliable source, the City Code Enforcement Officer shall place the matter upon an agenda for hearing and consideration at an appropriate date which will permit the giving of the notices prescribed by state law. At such Hearing, the City Manager shall consider whether the premises, by reason of the conditions: specified, are detrimental to the health, benefit and welfare of the public and the community or a hazard to traffic, or a fire hazard to property, or any two or more of such conditions. (B) At least tan (10) days prior to the Hearing, the City Code Enforcement Officer shall give written notice of the Hearing by post- ing upon the promises and by forwarding a copy thereof by certified mail with,return receipt requested to the owner of the property at the address shown by the current years tax rolls in the office of the Trea- surer of the County in which the property is located. If the return receipt o shows that the property owner cannot be located, notice shall be given by publication in the newspaper of general circulation one time not less than ten (10) days prior to the date of the Hearing. (0) At least ten (f 0) days from the date of receipt of the notice by the owner and upon the date specified In the notice the City Manager shall hear the matter and shall receive information thereon including anything which may be presented by the owner of the premises, per- sonally or by agent or attorney. If the City Manager determines that any of the conditions specified in Section 8-103 of this code exist upon the premises, he may order the property to be cleaned of trash and/or weeds to be cut, removed or destroyed unless within ten (10) days from receipt of the notice the owner either: 1) Cuts, removes or destroys the trash or weeds in accordance with the notice. 2) Gives written consent authorizing the City to abate the trash or weeds, thereby waving his right to a hearing; or. 3) Appeals to the City Council from the order of the City Manager. (D) Such an appeal to the City Council from the Order of the City Manager shall be taken by filing written Notice with the City Clerk within ten (10) days after the Administrative Order is rendered. The filing of written Notice of Appeal with the Municipal Clark shall oper- ate to stay the enforcement of the Order of the City Manager appealed from. As soon thereafter as possible, and upon not less than ten (10) days notice to the property owner, the City Council of the Municipality shall consider the matter do novo. Section Two (2): Section 8-106. Determination and Assessment of Cost be and same hereby is repealed and in lieu thereof there be pro- NN62 vided as follows, to wit: Section 8-106. DETERMINATION AND ASSESSMENT OF COST. Upon completion of the work ordered to be performed under Section 8-105 of this code, the City Manager shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith Including the cost of notice and mailing. The City Manager shall examine the report and, after receiv- ing appropriate information, shall determine the total cost of the work. Thereafter the City Clerk shall forward a statement and demand for payment of the total cost by certified mail with return receipt requested to the owner of the property at the address shown by the current tax rolls in the office of the Treasurer of the County in which the properly lies. The property owner shall have aright to appeal to the City Council body from the assessment rendered by the City Manager. Such appeal shall be taken and hold in accor- dance with the provisions of 8-104(d). Section Three (3). This Ordinance, upon passage, shall become state law. PASSED AND APPROVED this 17th day of October, 1989, CITY OF OWASSO, OKLAHOMA By: /s/ Patricia K. Mariar, Mayor Attest: is/ Jane Buchanan City Clerk APPROVED AS TO FORM: /s/ Ronald D. Cates City Attorney