HomeMy WebLinkAbout561_Designating Hearing Officer for AbatementTULSA COL11VTV CLERIX - JOAA! lffASTIAJIGS PCPT 260878 01112199 17 31-13
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSQ,
OKLAHOMA, THAT-
Section One. Section 8-104. Recipient of Report, hearing and Notice, is hereby
amended to provide as follows, to-wit:
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.
Section Three. This Ordinance, upon passage, shall become effective thirty (30)
days from the date of first publication as provided by state law.
Marck Boutwell, City,- Clerk
By:
Mary Ldu Barnhouse, Mayor
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Marck Boutwell, City,- Clerk
By:
Mary Ldu Barnhouse, Mayor
Affidavit Of Publication
OWASSO REPORTER
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 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
ry
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Ssabscribed and sworn to before me this
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a> 5 u h
day of
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ry I ub
Counly
Thy Commission expires ss ` xm s „ 200
PUBLISHER'S FEE $ 134.12
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
November 27. 1997
CITY OF OWASSO, OKLAHOMA
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 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
11
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TO. THE HONORABLE MAYOR AND CITY COUNC
CITY OF 1, 1
VROM- RODNEY J RAY
CITY MANAGER
DATE- November 11, 1997
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.
111��M
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 • trash or the growth of grass ami
weeds, or
of 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 nni.
3. A fire hazard to property; or
4 Any 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.
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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.
ZIMM
Health and Sanitation
The work ordered to be performed under Section 5 -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)
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 -15)
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.
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