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Warr Acres, OK Code of Ordinance
CITY CODE of WARR ACRES, OKLAHOMA
ORDINANCES PENDING REVIEW FOR CODIFICATION
CHARTER OF THE CITY OF WARR ACRES, OKLAHOMA1
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 3 REVENUE AND FINANCE1
TITLE 4 RESERVED
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 6 ANIMALS1
TITLE 7 RESERVED
TITLE 8 HEALTH AND SAFETY
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE1
TITLE 10 VEHICLES AND TRAFFIC1
TITLE 11 RESERVED
TITLE 12 CONSTRUCTION STANDARDS
TITLE 13 UTILITIES1
TITLE 14 RESERVED
TITLE 15 SIGNS
TITLE 16 BUILDINGS AND CONSTRUCTION1
TITLE 17 RESERVED
TITLE 18 SUBDIVISION REGULATIONS1
TITLE 19 ZONING REGULATIONS1
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8.04.150.5: DECLARATION OF PUBLIC NUISANCE:
The council hereby declares that graffiti on public or private property within the city constitutes a public nuisance to the detriment of the city and its inhabitants and visitors. The provisions for prevention and removal of such public nuisance are set forth in section 8.04.030 of this chapter. (Ord. 1041 §1, 2007)
8.04.150.6: PROHIBITED:
No person shall apply graffiti to public or private property within the city. Any person who applies graffiti to public or private property within the city shall be deemed guilty of an offense. Each act of applying graffiti shall constitute a separate offense.
Any person convicted of the offense of applying graffiti to public or private property within the city shall be punished by a fine not to exceed five hundred dollars ($500.00), excluding costs. The provisions of this section shall be enforced by the police department. (Ord. 1041 §1, 2007)
8.04.150.7: ALLOWING GRAFFITI TO REMAIN ON PRIVATE PROPERTY:
No person shall allow graffiti to remain on private property within the city longer than twenty (20) days after receiving a notice to remove graffiti.
Graffiti allowed to remain on private property within the city longer than twenty (20) days from the date of the notice to remove graffiti, shall be subject to removal by the city. (Ord. 1041 §1, 2007)
8.04.150.8: REMOVAL OF GRAFFITI FROM PRIVATE PROPERTY:
The mayor may cause graffiti to be removed from private property located within the city in accordance with the following procedure:
A.   Removal Of Graffiti With Or Without Consent Of Owner; Procedure:
   1.   The property owner, tenant and/or occupant, if any, may give their written consent to the city authorizing removal of the graffiti. By giving such written consent, the owner and the tenant and/or occupant each waive the right to notice and a hearing as otherwise required by this section;
   2.   If the consent of the property owner, tenant and/or occupant, if any, to remove graffiti from the property cannot be obtained, the director may remove the graffiti without such consent pursuant to the procedures set forth in this section;
   3.   To remove graffiti from property without the consent of the property owner, tenant and/or occupant, if any, at least ten (10) days' notice of a hearing shall be given to such persons. Notice to the owner shall be given by mail directed to the address shown by the current year's tax rolls in the county treasurer's office. Notice to the tenant and/or occupant, if any, shall be given by mail directed to the property address. The notice shall order the property owner, tenant and/or occupant, if any, to remove graffiti from the property and shall further state that unless such work is performed within twenty (20) days of the date of the notice the work shall be done by the city. At the time of mailing of notice to the property owner, tenant and/or occupant, if any, the director shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee(s). In addition, notice shall be given by posting a copy of the notice on the property at least one time not less than ten (10) days prior to any hearing or action by the city. Any accumulations of graffiti on the property occurring within one year from and after the date of the notice may be summarily abated by the city without a hearing and further prior notice to the property owner, tenant and/or occupant, if any, except by posting of notices at least one time on the property not less than two (2) business days prior to such summary abatement;
   4.   The hearing may be held by the mayor to determine whether the accumulation of graffiti on the property has caused the property to become detrimental or a hazard to the health, safety, or general welfare of the public and the community; and
   5.   Upon finding that the condition of the property constitutes a detriment or hazard, and that the property, the public, and the community would be benefited by removal of such conditions, the mayor may authorize the city to enter onto the property for the removal of the graffiti thereon.
B.   Appeal: The property owner and the tenant, if any, shall have a right of appeal to the city council from any order of the mayor. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) business days after the administrative order is rendered.
C.   Summary Abatement: If a notice is given by the city to a property owner and tenant, if any, ordering graffiti to be removed from property within the city limits in accordance with the procedures provided for in subsection A of this section, any subsequent accumulations of graffiti on the property occurring within a one year period may be summarily abated without further prior notice to the property owner or the tenant, if any. However, prior to the summary abatement by the city, notice thereof shall be posted at least one time on the property not less than two (2) business days prior to such summary abatement. This subsection shall not apply if the records of the county clerk show that the ownership and/or tenancy of the property was transferred after notice was given pursuant to subsection A of this section.
D.   Cost Of Removal Of Graffiti: Removal of graffiti by the city pursuant to the provisions of this section shall be performed at the sole expense of the city. In removing the graffiti, the city shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property. (Ord. 1041 §1, 2007)
8.04.160: DUMPSTERS AND PORTABLE STORAGE UNITS:
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