In interpreting and applying the provisions of this Title, there shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Title to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with this Title; nor is it intended by this Title to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that, if this Title imposes a greater restriction, this Title shall control.

(Ord. 3068, § 1, November 27, 2006).

The City Manager or his designee shall be responsible for enforcing this Title, except as otherwise expressly stated.

(Ord. 3068, § 1, November 27, 2006).

(A)

Compliance Required. All buildings and land used and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered shall comply with all applicable provisions of this Title.

(B)

Types of Violations. Unless otherwise expressly stated by this Title or State law, any violation of this Title, including but not limited to the following, shall be subject to the remedies and penalties provided for in this article:

(1)

To use land or buildings in any way not consistent with the requirements of this Title;

(2)

To engage in the use of a building or land, requiring one or more permits or approvals under this Title without obtaining all such required permits or approvals;

(3)

To engage in the use of a building or land, requiring one or more permits under this Title in any way inconsistent with any such permit or approval or any conditions imposed thereon;

(4)

To violate the terms of any permit or approval granted under this Title or any condition imposed on such permit or approval;

(5)

To obscure, obstruct or destroy any notice required to be posted or otherwise given under this Title; or

(6)

To violate any lawful order issued by any person or entity under this Title.

(Ord. 3068, § 1, November 27, 2006).

Each day that a violation remains uncorrected after receiving notice of the violation from the City constitutes a separate violation of this Title for purposes of calculating cumulative penalties.

(Ord. 3068, § 1, November 27, 2006).

The owner, tenant or occupant of any land or Structure, shall be presumed to know of activity occurring on the Premises and thus may be charged with a violation of this Ordinance for any violation found on any Premises subject to this Ordinance. Where an architect, contractor, builder, Agent or other person appears to have participated directly in a violation of this Ordinance, the City Manager or his designee may also charge such person with a violation of this Ordinance. All persons found to be responsible for the actions or inactions leading to a violation may be charged jointly and severally with violations as a result of the same incident or circumstances.

(Ord. 3068, § 1, November 27, 2006).

The City Manager or his designee may use any of the following remedies and enforcement powers:

(A)

Withhold Permits and Approvals. The Building Services Director may deny or withhold all permits, certificates or other forms of authorization on any land, or Structure or improvements thereon:

(1)

Upon which there is an uncorrected violation of a provision of this Title or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City; and

(2)

Owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this Title or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City.

(B)

Approval of Permits & Approvals with Conditions. Instead of withholding or denying a permit or other authorization, the official with authority to approve the permit or authorization may grant such authorization only if adequate assurances are in place to ensure correction of the violation and provided that granting the permit or authorization shall not compromise the public health, safety or general welfare.

(C)

Revoke Permits and Approvals.

(1)

Any permit or other form of authorization required under this Title may be revoked by the City Manager or his designee when there is a determination of any of the following.

(a)

That there is departure from the plans, specifications, or conditions as required under terms of the permit,

(b)

That the development permit was procured by false representation or was issued by mistake, or

(c)

That any of the provisions of this Title are being violated.

(2)

Where permits are mistakenly issued, an applicant shall be entitled to appeal the permit revocation to the Board of Adjustment.

(3)

Written notice of revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the Building or Structure for which such permit was issued, or shall be posted in a prominent location, and thereafter construction shall stop.

(D)

Stop Work. Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this Title, the City Manager or his designee may order the work to be immediately stopped.

(1)

The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall State the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

(2)

Violation of a stop-work order constitutes an offense.

(E)

Revoke Plans or Related Approvals. Where a violation of this Title involves a failure to comply with approved plans, or conditions to which the approval of such plans was made subject, the City may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected), revoke the plan or other approval or condition its continuance on strict compliance with this Title, the provision of financial security to ensure that construction is completed in compliance with approved plans, or such other conditions as the City may reasonably impose. Any required financial security shall be in a form approved by the City.

(F)

Legal Relief. Pursuant to 11 Okla. Stats. §43-107, the City may institute appropriate action or proceedings to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate any violation; to prevent the unlawful occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises.

(G)

Criminal Penalties. Any person, firm or corporation who shall violate any of the provisions of this Title by act of commission or omission, upon conviction, shall be punished for a Class B offense as set forth in Section 2.56.210 of the City Code. Each day any such violation shall continue to exist shall be deemed a separate and distinct offense. Liability for any act of commission or omission in violation of this Title shall be upon the owner of the property involved, as well as upon any agents, servants or employees acting in his behalf.

(H)

Landscaping Maintenance Penalty.

(1)

Where the provisions of this Title require the landscaping of property, it shall be the continuing duty of the property owner, his successors, or anyone having beneficial use of the property to maintain any such designated landscaping in a live and healthy condition and, if necessary, to replace any dead, diseased or damaged plantings which shall include trees that have been topped as soon as conditions allow. It shall also be unlawful for any person to remove or damage any tree in a preservation area established in an approved site plan subject to exemptions and requirements listed in paragraph 22.6.1(D)(8)(e). Failure to comply with the terms of this Section shall be deemed a violation of the terms of any permit, variance or other special consideration of the Council, subject to revocation of same. Failure to maintain landscaping shall constitute an offense punishable by a fine of $200.00 per day, per occurrence, plus court costs. Each day in which a violation exists shall be deemed a separate and distinct offense.

(I)

Other Penalties and Remedies. The City may seek such other penalties and remedies, and employ such other enforcement powers, as are provided by Oklahoma law for violations of zoning, subdivision, sign, or related provisions.

(Ord. 3068, § 1, November 27, 2006; Ord. 3611, § 18, June 26, 2017)

Nothing in this Title prohibits the City's continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid ordinances and laws.

(Ord. 3068, § 1, November 27, 2006).

The remedies and enforcement powers established in this Title are cumulative, and the City may exercise them in any order.

(Ord. 3068, § 1, November 27, 2006).

(A)

Non-Emergency Matters. In the case of violations of this Title that do not constitute an emergency or require immediate attention, the City shall give notice of the nature of the violation to the landowner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated, after which the persons receiving notice shall have 10 days to correct the violation before further enforcement action shall be taken. Notice shall be given in person, by United States mail, or by posting notice on the Premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state 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 Title that constitute an emergency situation as a result of public safety or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this Title without prior notice, but the City shall attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the landowner, to any other person who is party to the agreement and to applicants for any relevant permit.

(C)

Stop Work Orders. A stop work order may be issued without warning notice where inspection reveals the existence of any condition or any act that:

(1)

Is or will create a nuisance or hazard; or

(2)

Endangers human life or the property of others.

(Ord. 3068, § 1, November 27, 2006).

In the event work does not conform to the permit or conditions of approval or to the approved plan or to any instructions of the City, notice to comply shall be given to the permittee in writing. After a notice to comply is given, the permittee or the permittee's contractors shall be required to make the corrections within the time period determined by the City. If an imminent hazard exists, the City shall require that the corrective work begin immediately.

(Ord. 3068, § 1, November 27, 2006).

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the City Manager or his designee, in addition to other remedies, may institute any proper action or proceedings in the name of the City to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.

(Ord. 3068, § 1, November 27, 2006).