(A) General penalty for violations of code; continuing violation. Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in such code or ordinance, the doing of any act is required or the failure to do any act is said to be unlawful, and no specific penalty is provided therefor, or, if the maximum penalty provided is less than the maximum penalty provided hereinafter, the violation of any such provision of this code or any such ordinance for traffic-related offenses relating to speeding or parking shall be punished by a fine not exceeding $200 and costs. For all other offenses, the maximum fine shall not exceed $500 and costs. Provided, however, the city may not impose a penalty, including fine and cost, which is greater than that established by state statute for the same offense. The maximum fine for violations of the city ordinances regulating the pretreatment of wastewater and regulating storm water discharged shall not exceed $1,000 and costs. Each separate violation of this code or of any ordinance shall constitute a separate offense. The Municipal Judge may levy costs of up to the maximum allowed by state law for any violation of a municipal ordinance, in addition to the aforementioned fines.
(B) Designation of enforcement officials. Police officers, animal control officers, the City Lake Ranger, the Fire Marshal, and all city building officials, hereinafter called enforcement officers, as designated by the City Manager, are hereby authorized to enforce all provisions or ordinances dealing with buildings and building regulations, dilapidated buildings, dilapidated vehicles, zoning, fire prevention, drainage, and flood control, aviation, parks and recreation, swimming pools, water, sewers and sewage, signs, streets, and alleys, sidewalks, subdivisions, peddlers, trees, weeds and grass, oil and gas wells, health and sanitation, housing code, litter, mobile homes, trailers, mobile home parks, junk, garbage and refuse, animals and fowls, and any general nuisances.
(C) Issuance of summons and complaint and procedures.
(1) In carrying out such duties as designated by the City Manager, code enforcement officers, as defined in division (B) above, may cite any person violating or attempting to violate the provisions and ordinances referenced in division (B) above by issuing a summons and complaint. An enforcement officer may issue a summons and complaint to any violator or responsible person in charge of the premises where the violation takes place requiring them to appear in Municipal Court. In issuing such a summons and complaint, the code enforcement officer shall proceed as follows.
(a) The code enforcement officer shall prepare a written summons and complaint to appear in Municipal Court, containing the name and address of the cited person, the specific nature, location, and date of the alleged offense, and the time and date of the Municipal Court appearance. Unless the person cited requests an earlier date, the time specified in the summons and complaint to appear shall be at least seven days after issuance.
(b) The summons and complaint and any copies thereof shall be personally delivered to the cited person or mailed to the cited person by certified mail return receipt requested.
(c) The enforcement officer shall file one copy of the citation with the Municipal Court within three days after issuing or mailing the citation.
(d) Failure to appear in the Municipal Court at the time specified in response to the summons and complaint shall result in a municipal warrant issued against the person cited.
(2) No person shall interfere with, hinder, delay, or obstruct in any manner whatsoever an enforcement officer as defined in division (B) above in the performance of his or her duties.
(D) Right of enforcement officers to enter premises.
(1) Subject to constitutional limitations, any enforcement officer, as defined in division (B) above, engaged in the discharge of his or her duties is authorized at all reasonable times to enter and examine any building, structure, vehicle, or premises for the purpose of making inspections thereof. Before entering a private vehicle or dwelling, the enforcement officer shall obtain the consent of the occupant thereof, or proceed with a police officer obtaining a court warrant authorizing entry for the purpose of inspection.
(2) Enforcement officers authorized to enter and inspect buildings, structures, vehicles, and premises as herein set forth shall be identified by proper credentials issued by this jurisdiction. It shall be unlawful for any unauthorized person to use an official badge, uniform, or other credentials so as to impersonate an enforcement officer for the purpose of gaining access to any building, structure, vehicle, or premises in this jurisdiction.
(3) Any person violating or attempting to violate this section shall be guilty of an offense and punished as set out in division (A) above.
(E) Orders for abatement of nuisances associated with enforcement actions. The Municipal Judge of the city shall have the authority to order the abatement of any nuisance, illegal structure or construction, or any health or safety hazard which is in violation of the city code. Such abatement order shall be in addition to any other fines or penalties provided. The Municipal Judge shall also have the ability to direct the Chief Building Official or Chief of Police to carry out an order for abatement of any violation, nuisance, illegal structure, or health or safety hazard.
(Prior Code, § 10.99) (Ord. 1230, passed 8-13-1996; Ord. 1372, passed 5-14-2002; Ord. 1415, passed 11-11-2003)
Statutory reference:
Fines over $200 to be set by jury trial, see 11 O.S. § 27-119
Maximum fine levied, see 11 O.S. § 14-111