This UDC shall be enforced by the Planning Director.

All of the following represent violations of this UDC and of law and will be subject to the remedies and penalties provided in the this UDC, the City Code and state law:

A.

Subdivision Without Required Permits or Approvals. It is a violation of this UDC to engage in any subdividing, development, use, construction, remodeling or other activity of any nature without obtaining all the permits, approvals, certificates and other forms of authorization required by this UDC.

B.

Subdivision Inconsistent with Permit. It is a violation of this UDC to engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.

C.

Subdivision Inconsistent with Conditions. It is a violation of this UDC to violate, by act or omission, any term, condition, or qualification imposed by a decision-making body upon a required permit, certificate, or other form of authorization.

D.

Subdivision Inconsistent with UDC. It is a violation of this UDC to erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure or to use any land in violation or contravention of any zoning, subdivision, or other regulation of this UDC, or any amendment thereof.

E.

Making Lots or Setbacks Nonconforming. It is a violation of this UDC to reduce or diminish any lot area so that the setbacks or open spaces are smaller than prescribed by this UDC.

F.

Increasing Intensity of Use. It is a violation of this UDC to increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this UDC.

G.

Sign Installation Inconsistent with Permit. It is a violation of this UDC to install a sign of a type not permitted by this UDC, or to locate a sign in an area not expressly set forth in the substantive requirements of this UDC, or to install a sign that exceeds the size requirements set forth in this UDC.

H.

Continuing Violations. It is a violation of this UDC to continue any of the violations specified in this chapter. Each day that a violation continues shall be considered a separate offense.

The City shall have the following remedies and enforcement powers:

A.

Withhold Permits.

1.

The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of this UDC or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body.

2.

Instead of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected.

3.

This enforcement provision applies regardless of whether the current owner or applicant is responsible for the violation in question.

4.

The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this UDC or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation.

B.

Revoke Permits. A permit may be revoked when the Building Official determines that:

1.

There is departure from the plans, specifications, or conditions as required under terms of the permit;

2.

The plans, specifications, or conditions were obtained by false representation or was issued by mistake; or

3.

Any of the provisions of this UDC are being violated.

C.

Stop Work. With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this UDC or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under the Building Code.

D.

Revoke Plan or Other Approval. When a violation of this UDC involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City Commission may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the City Commission may reasonably impose.

E.

Injunctive Relief. The City may seek an injunction or other equitable relief in court to stop any violation of this UDC or of a permit, certificate or other form of authorization granted hereunder.

F.

Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

G.

Penalties. The penalty for a violation of this UDC shall be governed by the penalty provisions of the City Code, and the City may also seek such criminal or civil penalties provided by Oklahoma law.

H.

Other Remedies. The City shall have such other remedies as are and as may be from time to time provided by Oklahoma law and other City codes for the violation of zoning, subdivision or related UDC provisions.

I.

Remedies Cumulative. The remedies and enforcement powers established in this chapter are cumulative.

A.

Non-Emergency Matters.

1.

In the case of violations of this UDC that do not constitute an emergency, the Building Official shall give notice of the nature of the violation to the property owner and to any other person who is party to the agreement and to any applicant for any relevant permit, after which the persons receiving notice shall have 10 days, or such longer period as the Building Official allows, to correct the violation.

2.

If the violation is not corrected within the required time-frame, the Building Official and City Attorney shall use all penalties, remedies and enforcement powers available under this chapter.

3.

Notice must be given in-person, by United States Mail, or by posting notice on the premises. Notices of violation must state the nature of the violation, the time period allowed for coming into compliance, the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

B.

Emergency Matters. In the case of violations of this UDC that do constitute an emergency situation, the City shall use all remedies, penalties and enforcement powers available under this article without prior notice, but the Building Official must send notice simultaneously with beginning enforcement action to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.

A.

Other Powers. In addition to the enforcement powers specified in this chapter, the City may exercise any and all enforcement powers granted to them by Oklahoma law.

B.

Continuation. Nothing in this UDC shall prohibit the continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid ordinances and laws.

A.

Historic Preservation.

1.

Any person, firm or corporation who violates the provisions of Sec. 413 shall, upon conviction, be guilty of a misdemeanor against the City and shall be punishable by a fine of up to $100.00. A violation exists whenever there is a performance of an act which is prohibited, or a failure to perform an act which is required. Each day this section is violated shall be considered a separate offense.

2.

In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this UDC, the City or any person may institute an appropriate action or proceeding in a court with competent jurisdiction to prevent such unlawful erection, construction, reconstruction, exterior alteration, addition or demolition, and the violating party shall pay all court costs and expenses, including reasonable attorneys' fees, if the court should find in favor of the City or persons suing on behalf of the City to enforce this UDC.

B.

Temporary Signs. Banners, projects signs, real estate signs, political signs, sidewalk or sandwich signs, snipe signs, special event signs and any other temporary signs are subject to removal pursuant to the following provisions:

1.

The City Commission finds that, in view of the inexpensive nature of these signs and the administrative burden that would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs.

2.

Therefore, the City is hereby authorized summarily to remove such signs when unlawfully erected and maintained.

Before taking enforcement action to correct a violation of this UDC by any agricultural operator, the City Commission shall investigate the alleged violation to determine whether a violation of this UDC exists, and whether the activity is protected under the City's Right to Farm and Ranch policy (see Sec. 104) as "historical, traditional, reasonable and legitimate."