Oklahoma Code Enforcement Association · Terry Humphrey, City of Edmond. Code Challenges in...

Code Challenges in Planning and Zoning

Dilapidated Buildings

Weeds and Junk

Other Fun Stuff

Oklahoma Code Enforcement Association

Terry Humphrey, City of Edmond


How Does Code Enforcement Fit with Zoning?

Zoning and Code Enforcement 101 – It’s all about

health, safety and welfare.

Zoning and Code Enforcement are both interpretive

functions that rely on expertise and experience.

Enforcement component needed for compliance.


A Healthy Community – It’s In the Plan . . .

Most municipalities adopt zoning and public nuisance codes to maintain a safe, healthy and appealing living environment for moderate and high density populations.


The Code Enforcement Gospel in Oklahoma . . .

Title 11 O.S. 22-111 – Weeds and Trash

Title 11 O.S. 22-112 – Dilapidated Buildings

Title 11 O.S. 22-112.1 – Unsecured Buildings


Dilapidation – That Run-Down Feeling …

"Dilapidated Building”

A structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that said structure is a hazard to the health, or safety, or welfare of the general public.


Abating Dilapidation In Oklahoma. . .

Minimum 10-day notice to property owner of record via

certified mail with return receipt.

Administrative hearing to determine if proper notice was

served and declare dilapidation.

Dilapidation order to property owner with minimum 10-

day appeal period to governing body.

Solicit bids/quotes from demolition contractor and award

contract to abate the dilapidation nuisance.


Who Pays for Abating Dilapidation . . .

File notice of intent to place lien on property for

abatement demolition costs after administrative hearing.

Certify abatement costs and send billing to property

owner via certified mail with return receipt.

If costs are unpaid after six months, file lien for

abatement costs with county treasurer.

Law allows for pursuit of civil remedies to recover

abatement costs.


The Realities of Dilapidation Abatement …

Although process can ideally be

completed in about a month’s

time, reality is often longer.

Build in a healthy budget

component for abatements.

Be happy if you get paid and

expect pennies on the dollar.

Pay attention to environmental

laws and regulations.


Weeds and Trash – Fun in the Sun …

“Weeds” – Includes grass higher than 12 inches or other noxious vegetation that hides trash, harbors rodents or otherwise creates a public nuisance.

“Trash” – Includes refuse, litter, debris, offal, waste or any other matter of any kind that is uncared for.


Abating Weeds and Trash In Oklahoma . . .

Minimum 10-day notice to property owner of record via

certificate of mailing.

Administrative hearing held to determine public nuisance

ONLY if requested by property owner.

Assign to city crew or contractor for cleanup.

Summary provision allows for re-abatement within six-

month period without additional notice to property

owner even if initial notice resulted in compliance.


Who Pays for Abating Weeds and Trash . . .

May file notice of intent to place lien on property upon

initiating abatement mowing and cleaning.

Certify abatement costs and send billing to property

owner via certified mail with return receipt.

If costs are unpaid after 30 days, file lien for abatement

costs with county treasurer.

Costs usually recovered upon owner’s payment of

property taxes, at a tax sale or when the property sells.


The Realities of Weed and Trash Abatement . . .

Actual processes may vary

depending on political realities.

Pay attention to reliability and

trustworthiness of abatement

contractors.

Payments may be slow.

Be proactive – nipping weeds and

trash in the bud saves resources

and adds curb appeal.


Other Fun Stuff – Inoperable Vehicles . . .

There are no governing state laws

directly pertaining to abatement of

inoperable vehicle public nuisances.

Many municipalities have ordinances

prohibiting the parking or storage of

inoperable vehicle in open view.

Corrective remedies range from

municipal court citations to the

vehicle and/or property owner to

towing and impoundment.


Other Fun Stuff – Yard Cars . . .

Many zoning codes require

vehicles to be parked on a

dust-free all-weather surface

(asphalt or concrete).

Yard car provisions should be

enforced with consideration

for the age and needs of

individual neighborhoods.


Other Fun Stuff – Recreational Vehicles . . .

Many zoning codes require

recreational vehicles to be

located on residential

properties away from

direct view.

In most cases, such vehicles

need to be parked on a hard

surface.


Other Fun Stuff – Signs . . .

Many municipalities have adopted a sign code as part of their zoning code that regulates the size, location and materials of business and outdoor advertising signage. Code enforcement officers are often tasked with cleaning up the “litter on a stick.”


Other Fun Stuff – Property Maintenance . . .

Several municipalities in Oklahoma have adopted and enforce provisions of the International Property Maintenance Code regulating the condition of buildings from plumbing to paint and from rotted wood to roofing.

IPMC is particularly beneficial in keeping rental properties maintained to a minimum occupancy and appearance standard.


Other Fun Stuff – Fences . . .

Many municipalities have fencing regulations adopted as part of their zoning code. Fencing can provide critical screening between properties and uses. However, they do not always make good neighbors.


Other Fun Stuff – Carports . . .

Most carports are regulated by cities through the building permit and zoning processes to avoid front yard encroachments like this. Most carports require a zoning variance or exception if they are located in a required front or side yard.


Other Fun Stuff – Required Yards . . .

As part of the building permit process, applicants submit a site plan that provides for required front, side and rear yards. Sometimes, however, the actual building misses the mark and causes an encroachment –especially on irregularly-shaped lots.


Other Fun Stuff – Basketball Goals . . .

Playing basketball in the street can present safety problems. However, that has not stopped citizens from placing portable basketball goals at the curb or in the street. Cities often wrestle with the balance between safety and recreation for neighborhood children.


Other Fun Stuff – The Bizarre . . .

Oops – This is what happens when demolitions go bad …

One man’s humor is another’s public nuisance …


The “Fun” Is In Making a Difference . . .

Before housing initiative …

After housing initiative …


Section XV:

Buildings and Zoning


Axioms of Buildings and Zoning …

1. “It’s my land, I should be able to build anything I want on it!”

2. When it comes to rezoning land, be prepared for NIMBY– Not In My Back Yard.

3. The same people who never were notified of a zoning change never picked up their certified mail.

4. “If you build it, they will gripe!”


Zoning regulations are the foundationfor planned and orderly communities.They typically define what can bebuilt, where it can be built, and how itmust be built. Code enforcementofficers in many cities are chargedwith enforcing provisions of thezoning code. Code officers alsoperform Certificate of Occupancyinspections for new construction andchanges in occupancy.

What It’s All About . . .


State Law Authority . . .

11 O.S. 43-101 – General Powers of Municipalities

For the purpose of promoting health, safety, morals, or thegeneral welfare of the community, a municipal governing bodymay regulate and restrict the height, number of stories, and sizeof buildings and other structures, the percentage of lot that maybe occupied, the size of yards, courts and other open spaces, thedensity of population, and the location and use of buildings,structures and land for trade, industry, residence or otherpurposes.



11 O.S. 43-102 – Establishing Zoning Districts

(A) The municipal governing body may divide the municipality intodistricts of such number, shape and area as it deems suitable in carryingout its powers as to buildings, land and structures. Within the districts itmay regulate and restrict the erection, construction, reconstruction,alteration, repair or use of buildings, structures or land. All suchregulations shall be uniform for each class or kind of buildingsthroughout each district, but the regulations in one district may differfrom those in other districts.



11 O.S. 43-102 – Establishing Zoning Districts

(B) The municipal governing body may enact nondiscriminatory zoning ordinances regulating the location for the sale for consumption on the premises of low-point beer, as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, commonly called 3.2 beer; provided, however, that no special or separate classification shall be created only for businesses selling said product.

(C) Nothing in this section shall be construed to apply to telephone exchange buildings.



11 O.S. 43-103 – Comprehensive Plan Regulation

(7) To avoid undue concentration of population; or(8) To facilitate the adequate provision of transportation, water, sewerage,

schools, parks and other public requirements.

The regulations shall be made with reasonable consideration,among other things, as to the character of the district and itspeculiar suitability for particular uses, and with a view toconserving the value of buildings and encouraging the mostappropriate use of land throughout the municipality. Thegoverning body shall provide the manner in which regulations,restrictions and district boundaries shall be determined,established and enforced, and amended, supplemented orChanged.


State Law Due Process . . .

11 O.S. 43-104 – Notice and Hearing Requirements

Parties in interest and citizens shall have an opportunity tobe heard at a public hearing before any district regulation,restriction, or boundary shall become effective. At leastfifteen (15) days' notice of the date, time, and place of thehearing shall be published in a newspaper of generalcirculation in the municipality. Said notice shall include amap of the area to be affected which indicates street namesor numbers, streams, or other significant landmarks in saidarea.



11 O.S. 43-105 – Zoning Amendments

(A) Regulations, restrictions and district boundaries of municipalities may be amended, supplemented, changed, modified or repealed. The requirements of Section 11- 43-104 of this title on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions or district boundaries.



(B) Protests against proposed changes shall be filed at least three days before the date of the public hearings. If protests are filed by:

(1) The owners of twenty percent (20%) or more of the area of the lots included in a proposed change, or

(2) The owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change;

Then the proposed change or amendment shall not become effective except bythe favorable vote of three-fourths of all the members of the municipalgoverning body where there are more than seven members in the governingbody, and by three-fifths favorable vote where there are seven or less membersin the governing body.



11 O.S. 43-106 – Additional Notice Requirements

(A) Except as authorized in subsection B of this section, in addition to the notice requirements provided for in Section 43-104 of this title, notice of a public hearing on any proposed zoning change, except by a municipality acting pursuant to subsection B of this section, shall be given twenty (20) days prior to the hearing by mailing written notice by the secretary of the planning commission, or by the municipal clerk if there is no planning commission, to all the owners of real property as provided for in Section 43-105 of this title.




The notice shall contain the:

(1) Legal description of the property and the street address or approximate location in the municipality; and

(2) Present zoning of the property and the zoning sought by the applicant; and

(3) Date, time, and place of the public hearing. In addition to written notice requirements, notice may also be given by posting notice of said hearing on the affected property at least twenty (20) days before the date of the hearing.




(B) If a municipality proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including but not limited to floodplain, drainage, historic preservation, and blighted areas, the governing body may require, in addition to the notice requirements provided for in Section 11-43-104 of this title, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the public street or streets toward which it faces.




The notice shall contain the:

(1) Date, time, and place of the public hearing; and

(2) Who will conduct the public hearing; and

(3) Desired zoning classification; and

(4) Proposed use of the property; and

(5) Other information as may be necessary to provide adequate and timely public notice.


State Law Provisions . . .

11 O.S. 43-107 – Injunction of Violations

If any building, structure or land is in violation of anymunicipal ordinance or other regulation, the proper localauthorities of the municipality, or any other person affectedthereby, in addition to other remedies, may instituteappropriate action or proceedings to prevent any unlawfulerection, construction, reconstruction, alteration, repair,conversion, maintenance or use; to restrain, correct orabate any violation; to prevent the unlawful occupancy ofthe building, structure or land; or to prevent any illegal act,conduct, business or use in or about the premises.


State Law Provisions . . .

11 O.S. 43-108 – Governing Act In Case of Conflict

Whenever the provisions of a statute, local ordinance orregulation require a greater width or size of yards, courts orother open spaces, or require a lower height of building orless number of stories, or require a greater percentage oflot to be left unoccupied, or impose higher standards thanany other applicable statute, local ordinance or regulation,then the provisions of the statute, local ordinance orregulation which impose higher standards or greaterrestrictions shall govern. In no event shall any provision ofthis article apply to any property of any railway company orterminal company.


What Does This All Mean . . .

A typical rezoning application would follow these steps to adoption:

Application made for rezoning specific to a piece

or pieces of property.

Notice of rezoning published in newspaper, posted upon property and mailed (certified) to all property owners within a 300 ft. radius.

Notice time periods apply (15 days for publication,

20 days for mailing and posting).


What Does This All Mean . . .

A typical rezoning application would follow these steps to adoption:

Hold hearing before zoning commission for recommendation to governing body or denial.

If recommended for approval, hold hearing before governing body for approval or denial.

Applicant can appeal to governing body if denied by zoning commission.

Applicant can appeal denial by governing body to district court.


Zoning Enforcement . . .

Most cities assign zoning enforcement duties by ordinance to code enforcement.

Become as familiar with the zoning code as the city’s code of ordinances. Make a list of common violations.

Zoning enforcement is usually done through the criminal citation process. Actual corrections are done through the civil process. Cease and desist orders issued by a city are generally enforced by a district court order.

Due process appeals apply to interpretations of the zoning code by a code enforcement officer.


Zoning Compliance Reviews . . .

Many cities require building permit applications to undergo a zoning compliance check as part of the plan review process.

Zoning compliance reviews typically verify lot size, the building’s use classification, minimum required yards, landscaping, height allowances and easements.

Some regulated business – including car dealerships and alcoholic beverage establishments – require a city zoning compliance check as part of their state license.

Be wary of differences between state and municipal regulations for uses – specifically home day cares.


Building Site Plan. . .


Certificates of Occupancy . . .

Typically issued by cities for all new construction and expansion of existing commercial uses.

CO inspections for new construction affirms the final building is compliant with the building permit application.

Residential CO inspections can include checks for required yards, proper utility installations, completed and approved building inspections, proper sidewalks and driveways, and visible address numbers.

Commercial CO inspections can also include parking, screening, lighting, landscaping, drainage and fire safety checks.


A Few Final Thoughts . . .

Many of the complaints code enforcement officers receive can be resolved through use of the zoning code.

Expenses by a city for corrective zoning actions are not subject to a lien upon the affected property.

Zoning is an enforcement concept that is foreign to most municipal judges and prosecutors. Be prepared to educate them on compliance issues.

There are many provisions within a city’s zoning code that can raise political sensitivities. Check with your city manager and city attorney before enforcing provisions that may seem contrary to traditional political will.

Oklahoma Code Enforcement Association · Terry Humphrey, City of Edmond. Code Challenges in...

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