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CONSIDERATION OF ORDINANCE NO. O-1314-14 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING ARTICLE II, CHAPTER 2 OF THE CODE OF THE CITY OF NORMAN BY AMENDING SECTIONS 2-201 WHICH CHAPTERS OF CODE MAY BE ENFORCED BY THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND 2-204 AMENDING THE LENGTH OF TIME A PROPERTY MUST BE BOARDED AND SECURED PRIOR TO REMOVAL; AMENDING ARTICLE IV, CHAPTER 5 OF THE CODE OF THE CITY OF NORMAN BY ADDING REGULATIONS FOR FALLOUT AND TORNADO SHELTERS IN FRONT YARDS; AMENDING ARTICLE II, CHAPTER 10 OF THE CODE OF THE CITY OF NORMAN BY AMENDING SECTIONS 10-201, 10-202, 10-203, 10-204 AND 10-209 TO ALLOW ABATEMENT OF EASEMENT OBSTRUCTIONS; TO ALLOW POSTING REMOVAL NOTICES ON ABANDONED OR INOPERABLE VEHICLES; TO PROVIDE A DEFINITION FOR TRASH; TO ADD APPLIANCES AS A CATEGORY OF HEALTH NUISANCES; AND TO AMEND REQUIREMENTS FOR MOWING OF WEEDS IN UNPLATTED AREAS; AMENDING ARTICLE XIV, CHAPTER 13 OF THE CODE OF THE CITY OF NORMAN BY AMENDING SECTIONS 13-1407 AND 13-1410 TO UPDATE LICENSING REQUIREMENTS FOR MOBILE HOME PARKS; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: The Planning and Community Development Department has prepared a number of Code amendments that will clarify areas of confusion in the Code. These amendments are clean-up items that pertain to Code Enforcement.
DISCUSSION: The changes to Chapters 2, 5, 10, and 13 are itemized below.
CHAPTER 2
The proposed amendment to Chapter 2, Section 201, updates the actual chapters currently being enforced by Code Compliance Inspectors. They include the deletion of Chapter 11 which was deleted in January, 2005 by City Council. The chapters added include Chapter 13 (Licenses and Occupations) that include inspections of Mobile Homes and Trailer Parks, Rooming & Boarding Houses and Hotels, Salvage Yards, Impoundment Yards, etc. that the Code Compliance Inspectors have been inspecting for many years; Chapter 15 (Offenses) that includes nuisance parties that Code Compliance was assigned in regard to notification of property owners; and Chapter 22 (Zoning) that Code Compliance has been enforcing for many years.
Chapter 2, Section 204(a), updates Norman ordinances to comply with changes made to State Statutes that reduces the time frame for declaration of a dilapidated building that has been boarded and secured from thirty-six (36) months to eighteen (18) months.
CHAPTER 5
Chapter 5, Section 405(c), establishes regulations and setbacks for fallout and tornado shelters in the front and side yards. This will keep shelters from being built close to sidewalks.
CHAPTER 10
Chapter 10 amendments include five Sections.
Section 10-201(a) reinstates the ability to abate easement obstruction nuisances. Such nuisances include low-hanging limbs over sidewalks or streets, bushes and shrubs blocking sidewalks, basketball goals in the street, in general any item blocking passage in the City's rights-of-ways. Currently we send letters to the property owners advising them of the violation and requesting abatement. If they do not comply, our only option is to file charges against the owners instead of turning the issue over for abatement by one of our abatement contractors. Therefore, the obstruction remains in place and continues to create potential hazardous situations.
Section 10-202(e) adds the ability to affix a notice to an abandoned vehicle and/or to post the property upon which an abandoned vehicle is located. Currently it is difficult to determine the owners of abandoned vehicles in multi-family areas, thereby limiting the ability to have the vehicles removed.
Section 10-203(a) adds the word trash so Code officers are able to work properties with litter strewn about the yard which does not meet the health violation standard without adding the word "trash" to the ordinance. The definition of trash was added to make sure the term was understood. The definition comes directly from State Statutes.
Section 10-204 deletes some outdated language and adds the word appliance to bring the code more up to date. When the code was written it was not anticipated that dishwashers, washers and dryers, microwaves, etc. would be discarded and left outside. Such appliances are not picked up by Sanitation, and therefore are considered health nuisances.
Section 10-209(a) makes three changes. The first change is to include both platted and unplatted properties under the weed ordinance requirements, except for unplatted areas that are ten (10) acres in size or larger. Those larger unplatted properties would continue to require a fifty (50) foot buffer zone to be mowed around the perimeter of the property that abuts any residential zoned lot, parkway, sidewalk or public or private street. The second change is to include all zoning districts except for areas zoned for agriculture. That would include RE zoned areas in the requirements. The third change was the addition of private as well as public streets in the requirements noted for the mowing of buffer zones.
CHAPTER 13
Chapter 13 (License and Occupations) amendments include two primary changes. The first change is to eliminate the requirement for outside drying spaces in mobile home parks. All parks currently have Laundromats or the homes themselves have laundry facilities.
The second change is to eliminate the requirement for occupants in mobile home and travel trailer parks to provide the make, model, year and license of the motor vehicle by which any mobile home or travel trailer is towed. That information has rarely been available to either the occupants or the park owners, and is not pertinent to the purpose of the ordinance.
RECOMMENDATION: Staff recommends approval of the proposed amendments to Chapters 2, 5, 10, and 13.