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HomeMy WebLinkAbout561_Part 8 Ch 1_Designating Hearing Officer for AbatementTULSA COUNTY CLERK - JOAN HASTINGS RCPT 260878 01/12/98 11:31:13 DOC # 98002674 FEE 0.00 PGS 2 B/P 5998/1118-1119 CITY OF OWASSO ORDINANCE NO. 561 AN ORDINANCE RELATING TO PART 8 HEALTH AND SANITATION, CHAPTER ONE (1), TRASH, WEEDS AND LITTER, ARTICLE A TRASH AND WEEDS, AMENDING 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, OR THE CITY MANAGER'S DESIGNEE, 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, OR THE CITY MANAGER'S DESIGNEE, 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. Section 8-104. Recipient of Report, hearing and Notice, is hereby amended to provide 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, or. the City Manager's designee, 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 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 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 than 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 or City Manager's designee, 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 or the City Manager's designee 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 waiving his right to a hearing; or, 3) Appeals to the City Council from the order of the City Manager or the Citv Manager's designee. (D) Such an appeal to the City Council from the Order of the City Manager or the City Manager's designee, 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 or the CijY Manager's designee 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. 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: Upon the completion of the work ordered to be performed under Section 8-105 of this code, the City Manager ortheCity Manager's designee 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 or the City Manager's designee 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 or the Cijy Manager's designee. Such appeal shall be taken and held in accordance with the provisions of 8- 104(d). Section Three. 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 18th day of November, 1997. City of Owasso, Oklahoma Marck Boutwell, City, Clerk By: Mary Ldu Barnhouse, Mayor approved as to form: ronald d cates, city attorney Affidavit Of Publication OWASSO REPORTER Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, November 27. 1997 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 561 STATE OF OKLAHOMA, ULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments 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 trace 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: November 27th 199 7 Ssabscribed and sworn to before me this Thy Commission expires 200 PUBLISHER'S FEE $ 134.12 AN ORDINANCE RELATING TO PART 8 HEALTH AND SANITATION, CHAPTER ONE (1), TRASH, WEEDS AND LITTER, ARTICLE A TRASH AND WEEDS, AMENDING SECTION 8-104 AND SECTION 8-106 AND PROVIDING LANGUAGE IN LIEU THEREOF TO PROVIDE FOR DESIG- NATION OF THE CITY MANAGER OF THE CITY OF OWASSO, OKLA- HOMA, OR THE CITY MANAGER'S DESIGNEE, TO SERVE AS ADMINIS- TRATIVE OFFICER TO CARRY OUT THE DUTIES OF THE GOVERNING BODY AS RELATES TO PROVISION OF A HEARING FOR DETERMINA- TION 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, OR'THE CITY MANAGER'S DESIGNEE, 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 OWAS- SO, OKLAHOMA, THAT: Section One. Section 8-104. Recipient of Report, hearing and Notice, is hereby amended to provide 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 hear- ing and consideration at an appropriate date which will permit the giving of the notices prescribed by state law. At such Hearing, the City Manager, or the City Manager's designee, shall consider whether the premises, by rea- son 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 haz- ard to property, or any two or more such conditions. (B) At least ten (10) days prior to the Hearing, the City Code Enforce- ment Officer shall give written notice of the Hearing by posting upon the premises 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 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 than 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 or City Manager's designee. 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 or the City Manager's designee determines that any of the conditions specified in Sec- tion 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 waiving his right to a hearing; or, 3) Appeals to the City Council from the order of the City Manager or the City Manager's designee. (D) Such an appeal to the City Council from the Order of the City Manag- er or the City Manager's designee, shall be taken by filing written Notice with the City Clerk within ten (10) days after the Administrative Order is ren- dered. The filing of written Notice of Appeal with the Municipal Clerk shall operate to stay the enforcement of the Order of the City Manager or the City Manager's designee 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. Section 8-106. Determination and Assessment of Cost be and same hereby is repealed and in lieu thereof there be provided as fol- lows, to -wit: Section 8-106. Determination and Assessment of Costs. Upon the completion of the work ordered to be performed under Section 8-105 of this code, the City Manager or the City Manager's designee 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 or the City Manager's designee 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 or the City Manager's designee. Such appeal shall be taken and held in accor- dance with the provisions of 8104(d). Section Three. 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 18th day of November, 1997. CITY OF OWASSO, OKLAHOMA /s/ MARCIA BOUTWELL Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/RONALD D. CATES Ronald D. Cates, City Attorney By: MARY LOU BARNHOUSE Mary Lou Barnhouse, Mayor TO: THE HONORABLE MAYOR AND CITY COUNC CITY OF OWASSO FROM: RODNEY J RAY CITY MANAGER DATE: November 11, 1997 Currently, when property has been identified within the City of Owasso by the Code Enforcement Officer as being in violation of the Owasso Code of Ordinances relating to trash accumulation, high grass, and a potential fire hazards, written notification via certified mail is sent to the record owner of the property informing the owner of the violation and the need to address it. A period of ten (10) days is provided for the property owner to comply. A copy of this procedure from the Code of Ordinances is attached for your information and review. If, after the ten day period the property owner fails to address the identified problem, an abatement hearing is then scheduled. The City Manager currently acts as the Hearing Officer for these abatement hearings, as defined by the Code of Ordinances. Ordinance No. 561 would amend the Code of Ordinances of the City of Owasso, thus allowin.14 the City Manager to designate an additional individual to act as the Hearing Officer in the absence of the City Manager. Staff recommends Council approval of Ordinance No. 561. 1. Chapter One, Article A, Section 8-104 thru 8-106. 2. Ordinance No. 561. SECTION 8-103 REPORTS -OF ACCUMULA-nQN OF GRASS, WEEDS OR TRASH PROPERTY. I Any officer or employee of the city who discovers an accumulation of trash or the growth of grass ami weeds, or both these conditions, upon any premises within the limits of the city, shall report the condition t* the city administrator if, as a result of the accumulation or growth, the premises appear to be: Detrimental to the health. benefit q, 3. A fire hazard to property; or 4Any two (2) or more of these conditions. (Prior Code, Secs. 13-11, 13-12) State Law Reference: Cleaning and mowing of property, procedures and powers 11 O.S. Section 22-111. 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 the 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 (2) or 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 thereof by certified mail with return receipt requested to the owner of the property at the address shown by the current year's 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 a newspaper of general circulation one time not less than 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 the date of receipt of the notice the owner either: 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 waiving his right to a hearing; or 3. Appeals to the city council from the order of the city manager. MEM Health and Sanitation 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 city shall consider the matter de novo. (Prior Code, Secs. 13-13 to 13-15; Ord. No. 408, 10/17/89) The work ordered to be performed under Section 8-104 of this code may be done by the employees of this city under supervision of the city manager, or it may be let by contract to the lowest and best bidder, after appropriate notice, in the manner for letting other contracts by public bid. (Prior Code, Sec. 13-16) Upon the 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 costs 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 from the assessment rendered by the city manager. Such appeal shall be taken and held in accordance with the provisions of Section 8-104(d). (Prior Code, Sec. 13-17; Ord. No. 408, 10/17/89) SECTION 8-107 LIEN ON THE PROPERTY, CML REMEDY. If the costs of the work performed under this chapter are not paid within thirty (30) days from the date of mailing the notice prescribed by Section 8-104 hereof, the city clerk shall forward a certified statement of the amount of the costs to the county treasurer of the county in which the property upon which the work was done is located, in order that the amount be levied upon the property and be collected by the county treasurer in the manner prescribed by the law of this state. The cost and the lien thereon shall be a lien against the property from the date the cost is certified to the county treasurer. The lien is coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At any time prior to collection as provided in this section the city may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, if any, the city clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien. (Prior Code, See. 13-19) The service of all notices prescribed by this chapter shall be evidenced by the return of the officer making such service, certified in his official capacity, and filed in the office of the city clerk. (Prior Code, Sec. 13-18) It is unlawful for any person, firm or corporation to leave in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator, or other container which has an air -tight door with a lock or other fastening device which cannot be easily released for opening from the inside of the ice box, refrigerator or container, without first removing the door, lock or fastener. WIMM