The International Property Maintenance Code, 2015 edition, is hereby amended in the following respects:
Chapter 1 Scope And Administration is hereby amended in the following respects:
Section 101.1. Insert the city of Enid.
Section 106.1 Unlawful Acts.
Any person, firm, corporation or agent, who shall violate a provision of this code, unless specified otherwise, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this code shall be guilty of a misdemeanor, punishable by a fine of one hundred dollars ($100.00), unless the person charged has been previously convicted once under this section or any of the following sections of the city code: 4-3-2; 4-4-2; 4-5-8; 4-6-8; 7-7-2; and 8-4-7 in the last five (5) years, then a violation of this section shall be punishable by a fine of up to five hundred dollars ($500.00).
Section 107.1 Notice To Person Responsible.
Whenever the code official determines that there are reasonable grounds to believe that there has been a violation of any provision of this code or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor and such alleged violations shall constitute a nuisance.
Section 107.2 Form.
Such notice shall:
1. Be put in writing;
2. Include a description of the property sufficient for identification;
3. Include a statement of the violation(s) and why it is being issued;
4. Allow 10 days to correct safety violations, allow 45 days to correct major violations and 60 days to correct minor violations with a maximum time limit of 120 days for any combination, subject to approval of the code official; and
5. State that, if such repairs, reconstruction, alterations, removal or demolition are not voluntarily completed within the stated time as set forth in the notice, the code official shall institute such legal proceedings charging the person or persons, firm, corporation or agent with a violation of this code.
6. Include a statement of the right to file a lien in accordance with section 106.3.
Section 107.3 Method Of Service.
Service of notice shall be as follows:
1. By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or
2. By depositing the notice in the United States post office addressed to the owner at his last known address with postage prepaid thereon; or
3. By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises to be repaired. The removal of this notice is punishable by a fine of five hundred dollars ($500.00).
Section 107.5 is omitted.
Section 108.4.1 Removal Of Placard.
The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. Violation of this section shall be punishable by a fine of five hundred dollars ($500.00).
Section 111.1 Application For Appeal. Any person directly affected may enter an appeal in writing to the construction board of appeals within 10 days following the date of service of notice of deficiencies from the code official as specified in section 107.3. Such appeal shall state the location of the property and the date of the notice of violations. The appellant must state the modification requested, the reasons therefore, and the hardship or conditions upon which the appeal is made. The fee as provided in section 2-6F-2 of the Enid municipal code shall accompany such notice of appeal.
Section 111.7 is amended and entitled "Appeals From Construction Board."
Section 111.7 Appeals From Construction Board.
Any person may appeal the decision of the construction board of appeals to Garfield County district court pursuant to 12 Oklahoma Statutes section 951, if said appeal is filed within 30 days from decision being rendered.
Chapter 2 Definitions is hereby amended in the following respects:
Section 202 "General Definitions" shall be amended to include a definition of owner:
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or city as holding title to the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court; or a property manager or any person who signs the rental contract, lease or "rent to own documents" on behalf of the owner.
Chapter 3 General Requirements is hereby amended in the following respects:
Section 302.10 is created to read as follows:
Section 302.10 Care Of Premises - Open Storage.
It shall be unlawful for the owner or occupant to utilize the premises of such property for the open storage of any ice box, refrigerator, stove, glass, televisions, recliners, sofas, dressers, building material, building rubbish, vehicle parts or similar items.
(Ord. 2018-25, 9-6-2018)