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Warr Acres Overview
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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8.04.150.8: 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:
8.04.160.1: DEFINITIONS:
DUMPSTER: A container designed to receive and transport and dump waste which exceeds forty (40) gallons in size. A dumpster includes waste disposal bags that are designed to hold in excess of forty (40) gallons of waste and metal bins that shall not exceed forty (40) cubic yards in size, excluding any city owned dumpsters.
PORTABLE STORAGE UNITS: Portable containers that are placed on or in front of a property for the purpose of storing, loading, or unloading furniture, clothing, or other personal or household belongings as part of the process of renovation or moving, the relocation of belongings to an off site commercial storage location, or on site storage in the aftermath of the property being affected by a natural disaster. Unlike trailers typically attached to semitrucks for transport, portable storage units must be no larger than eight feet (8') tall by eight feet (8') wide by sixteen feet (16') long. (Ord. 1149, 2015)
8.04.160.2: DESIGNATION:
Dumpsters and portable storage units are permitted and are hereby regulated according to the provisions below on occupied properties primarily used residentially in the following structure types:
R-1 single-family residential district
R-2 two- to four-family residential district
FE single-family estate district
PUD planned unit development for R-1, R-2 or FE
A.   Dumpsters Regulated:
   1.   Location: Dumpsters shall be placed on the property being serviced and not on the street in front of the property. No commercial or construction dumpster shall be located within ten feet (10') of an abutting building on an adjacent property.
   2.   Time Limit:
      a.   A dumpster may remain on a property for thirty (30) days, with up to two (2) 30-day extensions pursuant to the permitting provision below. Absent an emergency condition, in no event shall a dumpster remain on a property in excess of ninety (90) days in one 12-month period.
      b.   When the need for the dumpster is the result of an emergency condition at the property to be served (example: water or fire damage; hurricane damage) then in such instance the dumpster may remain for the length of time necessary to remove the debris as determined by the code enforcement officer or his designee. In such instances, the use of the dumpster is not counted toward the limit of three (3) times per twelve (12) month period.
   3.   Sanitation: The following requirements shall be maintained while the dumpster is on or at the site:
      a.   The area around the dumpster shall be kept free of debris and litter;
      b.   Any dumpster into which animal or vegetable waste or material has been dumped or deposited shall be removed or emptied within twenty four (24) hours; and
      c.   Any dumpster producing or causing noxious, foul or offensive odors shall be immediately removed or cleaned to eliminate the odor.
      d.   A full dumpster shall be removed from the property within two (2) days.
   4.   Usage: A dumpster shall only be used to contain and remove debris and material generated at the location where the dumpster is placed.
   5.   Identification: The name and telephone number of the owner of the dumpster and/or the company that is responsible for the dumpster shall be displayed in a weatherproof manner on the dumpster.
B.   Portable Storage Units Regulated:
   1.   Location: Portable storage units are prohibited from being placed on an unpaved area in the front yard of a property. Portable storage units kept on site must be kept in the driveway or paved, off street surface on the property at the farthest accessible point from the street. Where possible, the unit shall be placed on a paved surface to the rear or side of the principal structure. When placed on the driveway or paved area in the side or rear yard, portable storage units shall be located at least ten feet (10') from any property line, space permitting.
   2.   Time Limit: A portable storage unit may remain on a property for ninety (90) days.
   3.   Use During Natural Disaster: The above restrictions notwithstanding, when the principal structure on the property has been made uninhabitable as a result of a natural disaster for which a local state of emergency declaration has been issued, or a fire or other damaging event beyond the control of the owner, one or more portable storage units may be used for on site storage. The authorization for such use shall be dependent on issuance of a building permit for the reconstruction/repair of the principal structure(s) on the property and shall expire upon issuance of a certificate of occupancy for the principal structure(s) or twelve (12) months from the date of the event that damaged the structure, whichever occurs first. For good cause shown and to recognize extenuating circumstances, the code enforcement officer or his designee may extend the authorization for as much as an additional twelve (12) month period or until a certificate of occupancy is issued, whichever occurs first.
   4.   Advertising: Advertising is prohibited on a portable storage unit, with the exception of the name and phone number of the unit's supplier, which is required.
   5.   Hazardous Materials: The use of portable storage units for storage of hazardous materials is prohibited.
The code enforcement officer or his designee may inspect the portable storage unit to ensure no such materials are being stored inside.
   6.   Condition Of Portable Storage Unit: A portable storage unit with holes, breaks, tears, or large areas of rust, in the opinion of the code enforcement officer or his designee, may not be placed on or in front of any property. (Ord. 1149, 2015)
8.04.160.3: PERMIT REQUIRED:
A thirty (30) day permit shall be required for a dumpster that is not owned/provided by the city and a portable storage unit. The permit shall be obtained from the code enforcement officer or his designee. The permit shall be displayed in a weatherproof fashion on the dumpster or a portable storage unit. Extensions are permitted pursuant to subsections 8.04.160.2A2a and B2 of this chapter. The permit fee is forty dollars ($40.00). (Ord. 1149, 2015)
8.04.160.4: ABATEMENT:
Any dumpster or portable on demand storage unit not in compliance with this section 8.04.160 is hereby declared to be a public nuisance and may be abated by the city at the owner's or responsible person's expense. Abatement shall, at the city's option, include the removal and/or the emptying of the dumpster and/or portable on demand storage unit as the case may be. (Ord. 1149, 2015)
8.04.160.5: VIOLATIONS; PENALTIES:
A.   Violation of any provision of this section 8.04.160 shall be punishable by a fine in an amount of not more than two hundred dollars ($200.00) plus fifty dollars ($50.00) per day for each day the violation continues.
B.   In addition, a person found guilty of a violation of this chapter shall be ordered to abate the problem and pay the cost incurred by the city if the city abated the problem. (Ord. 1149, 2015)