A.

Purpose. This chapter establishes procedures through which the City seeks to ensure compliance with the provisions of this ordinance and obtain corrections for violations of this ordinance. The chapter also sets forth the remedies and penalties that apply to violations of this ordinance.

B.

Compliance required. No person shall develop or use any land, building, or structure within the City in violation of this ordinance, regulations authorized under this ordinance, or the terms and conditions of permits or other approvals or entitlements issued under this ordinance.

C.

Permits and approvals. No permit or approval may be issued under this ordinance unless all structures and uses of land and structures permitted under the permit or approval conform to this ordinance, regulations promulgated under this ordinance, and the terms and conditions of other applicable permits and approvals issued under this ordinance. A permit or approval issued in violation of this ordinance is void.

A.

Complaints. Any person may file a written complaint to the Director on a suspected violation of this ordinance. The Director shall record the complaint immediately, investigate, and take action as provided in this chapter.

B.

Notice of violation.

1.

Written notice. Written notice may be issued by the Director to notify a property owner of a violation of this ordinance and the actions that must be taken to bring the land or structure use into compliance.

2.

Contents of notice. The written notice shall contain:

a.

Address. The address or location of property where the violation is alleged;

b.

Violation description. A description of the alleged violation with a reference of the section(s), subsection(s), or paragraphs(s) of this ordinance and/or conditions of approval being violated;

c.

Required actions. A statement of the action(s) that shall be taken to correct the violation;

d.

Timeframe. A timeframe that shall not exceed 14 days to correct the violation. The Director may grant extension if the property owner is diligently working towards compliance with this ordinance. Persons with a cumulative total of more than three violations are not eligible for a time extension;

e.

Contact information. Contact information for a person or department who can answer questions about the violation notice.

3.

Exception. The Director shall not be required to issue written notice and may continue the enforcement process if the violation is likely to create an imminent hazard to life or property.

C.

Continuation of prior enforcement actions. Nothing in this ordinance shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous regulations.

D.

Continuing violations. Each day that a violation occurs or remains uncorrected shall constitute a separate and distinct violation of this ordinance.

E.

Responsibilities for enforcement. The provisions of this ordinance shall be administered and enforced by the Director or such other person as may be designated by the Director.

A.

Generally. Each of the following activities shall constitute a violation of this ordinance:

1.

Activity inconsistent with ordinance. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign, in contravention of any provision of this ordinance.

2.

Activity inconsistent with permit or approval. Any development, use, construction, remodeling, or other activity inconsistent with the terms or conditions of any permit or approval required to engage in such activity, whether issued under or required by this ordinance.

B.

Illustrative examples. Examples of activities inconsistent with this ordinance or with any permit or approval issued under this ordinance include, but are not limited to, the following:

1.

Increasing density or intensity. Increasing the density or intensity of any use of any land or structure except in accordance with the requirements of this ordinance;

2.

Development or use inconsistent with this Code. Any activity that is inconsistent with any applicable zoning, subdivision, or general regulation or development standard of this ordinance, unless this ordinance expressly provides an exception;

3.

Making a lot or yard nonconforming. Any activity that reduces any lot area so that the yards or open spaces are smaller than that required by this ordinance, a site plan, or a planned unit development, except in accordance with the procedural and substantive requirements of this ordinance;

4.

Development or use without, or inconsistent with, a permit or approval. Any activity that is not authorized by or is inconsistent with all of the permits, approvals, certificates, and authorizations this ordinance requires, as set out in Division 6-3, Permits and Procedures;

5.

Development or use inconsistent with conditions. Any activity that violates, by act or omission, any term, condition, or qualification the City places upon a required permit, certificate, rezoning, plan approval, or other forms of authorization that the City granted to allow the use, development, or other activity upon land or improvements of land;

6.

Creating or expanding nonconformity. Creation, expansion, replacement, or change of a nonconformity inconsistent with this ordinance unless in accordance with Chapter 7, Nonconformities; and

7.

Removing, defacing, or obscuring notice. Any activity that removes, defaces, obscures, or interferes with any sign or notice required by this ordinance.

C.

Penalties. Persons found guilty of a misdemeanor pursuant to this chapter shall be punishable by a fine of not more than $1,000.00 or by imprisonment for not more than ten days, or by both such fine or imprisonment, for each violation. Each day a violation is allowed to exist is a separate violation.

The remedies provided for violations of this ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law and may be exercised in any order.

A.

Deny/withhold authorizations. The Director may deny or withhold any form of authorization, including certificates of occupancy, or other forms of authorization to use or develop any land, structure, or improvements, until any violations of this ordinance or other ordinances of the City of Broken Arrow are corrected. This provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the violation.

B.

Revoke authorizations.

1.

Any entitlement or other form of authorization issued under this ordinance may be revoked when the Director determines that:

a.

There is a departure from the approved plans, specifications, limitations, or conditions as required under the authorization;

b.

The authorization was procured by false representation;

c.

The authorization was issued in error; or

d.

There is a violation of any provision of this ordinance.

2.

Written notice of revocation shall be served upon the property owner, agent, applicant, or other person to whom the authorization was issued, or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice.

C.

Stop-work order.

1.

Whenever any building or structure or site or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state law or any ordinance of the City of Broken Arrow, the Director has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard.

2.

With or without revoking permits, the Director may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this ordinance or a provision of any authorization issued under this ordinance.

3.

The stop-work order shall be in writing directed to the person doing the work, and shall specify the provisions of this ordinance or other law that has been violated. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

4.

Once conditions for resumption of the work have been met, the Director shall rescind the stop-work order.

A.

Misdemeanor. A person shall be guilty of a misdemeanor (Class B offense) upon conviction in any case where a violation of this ordinance exists, where notice of violation, including any stop-work, enforcement, or compliance order has been properly served, and where such person fails to comply with such notice stop-work, enforcement, or compliance order.

B.

Penalty. Persons found guilty of a misdemeanor pursuant to this section shall be punishable by a fine of not more than $1,000.00 or by imprisonment for not more than ten days, or by both such fine or imprisonment, for each violation. Each day a violation is allowed to exist is a separate violation.