Chapter 10
BUILDINGS AND BUILDING REGULATIONS*
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State law references: Public Construction and Planning Act, 61 O.S. § 209 et seq.; adoption of building standards by municipalities, 11 O.S. § 14-107; municipal building and zoning authority generally, 11 O.S. § 43-101; municipal authority to remove dilapidated buildings, 11 O.S. § 22-112 et seq.; Lighting Energy Conservation Act, 61 O.S. § 151 et seq.; municipal authority to require buildings permits and impose fees, 74 O.S. § 324.11; Oklahoma Floodplain Management Act, 82 O.S. § 1601 et seq.; Asbestos Control Act, 40 O.S. § 450 et seq.; Mechanical Licensing Act, 50 O.S. § 1850.1 et seq.; Plumbing License Law of 1955, 50 O.S. § 1001 et seq.; Oklahoma Inspectors Act, 50 O.S. § 1031 et seq.; Electrical License Act, 50 O.S. § 1680 et seq.
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Article I.
In General
Sec. 10-1. Building official.
Sec. 10-2. Remedies nonexclusive.
Secs. 10-3– 10-22. Reserved.
Article II.
Technical Codes Generally
Sec. 10-23. Copies of adopted codes.
Sec. 10-24. Codes remedial in nature.
Sec. 10-25. Quality control.
Sec. 10-26. Liability of city.
Sec. 10-27. Conflict of regulations.
Sec. 10-28. Appendices to technical codes.
Sec. 10-29. Referenced standards.
Sec. 10-30. Requirements not covered by code.
Sec. 10-31. Alternate materials and methods.
Sec. 10-32. Existing buildings to comply.
Sec. 10-33. Change of occupancy.
Sec. 10-34. Special historic buildings.
Secs. 10-35– 10-56. Reserved.
Article III.
Building Code and Regulations
Division 1.
Generally
Sec. 10-57. Building code adopted.
Secs. 10-58– 10-87. Reserved.
Division 2.
Building Permits
Sec. 10-88. Building permits required.
Sec. 10-89. Permission granted to homeowners for electrical, mechanical, plumbing work.
Sec. 10-90. Permit fees.
Secs. 10-91– 10-108. Reserved.
Article IV.
Electrical Code and Regulations
Division 1.
Generally
Sec. 10-109. Exceptions.
Sec. 10-110. Exemptions.
Sec. 10-111. Liability.
Secs. 10-112– 10-135. Reserved.
Division 2.
Electrical Code
Sec. 10-136. Adopted.
Sec. 10-137. Life Safety Code adopted.
Sec. 10-138. Material standards.
Secs. 10-139– 10-159. Reserved.
Division 3.
Electrical Permits
Sec. 10-160. Permit required.
Sec. 10-161. Cash bond to secure payment of permit and inspection fees.
Sec. 10-162. Issuance of permit.
Sec. 10-163. Plans and specifications, commercial.
Secs. 10-164– 10-194. Reserved.
Division 4.
Electrical Inspections
Sec. 10-195. Office of electrical inspection created.
Sec. 10-196. Inspections, notice of violations; utility disconnection authorized.
Sec. 10-197. Inspection required.
Sec. 10-198. Time of inspection; certificate of compliance.
Sec. 10-199. Inspection of work.
Sec. 10-200. Appeals on determination of inspector.
Sec. 10-201. Alteration after inspection.
Sec. 10-202. Inspection and certificate fees.
Secs. 10-203– 10-227. Reserved.
Division 5.
Certificates of Approval
Sec. 10-228. Temporary certificate.
Sec. 10-229. Final certificate.
Sec. 10-230. Turn-on of electricity.
Sec. 10-231. Notice of rejection.
Secs. 10-232– 10-255. Reserved.
Division 6.
Electrical Contractor or Journeyman License
Sec. 10-256. Electrical registration required.
Sec. 10-257. Bond of contractor.
Sec. 10-258. Fee; expiration.
Secs. 10-259– 10-279. Reserved.
Article V.
Fuel Gas Code and Regulations
Sec. 10-280. Pamphlet adopted.
Sec. 10-281. Gas company defined.
Sec. 10-282. Licensed plumber required.
Sec. 10-283. Gas company, connect when.
Sec. 10-284. Company to refuse service.
Sec. 10-285. Dangerous conditions.
Secs. 10-286– 10-303. Reserved.
Article VI.
Housing Code and Regulations
Division 1.
Generally
Sec. 10-304. Housing code adopted.
Sec. 10-305. Standards where conflict.
Secs. 10-306– 10-328. Reserved.
Division 2.
Administration and Enforcement
Sec. 10-329. Designation of unfit dwellings.
Sec. 10-330. Placarding of structure; notice to persons having interest; vacating required; hearing.
Sec. 10-331. Removal of placard; damage to placard prohibited.
Sec. 10-332. Emergency vacation and demolition.
Sec. 10-333. Orders to vacate.
Sec. 10-334. Effect of failure to comply with order.
Secs. 10-335– 10-356. Reserved.
Division 3.
Appeals
Sec. 10-357. Housing appeals board; creation and duties.
Sec. 10-358. Hearings.
Secs. 10-359– 10-389. Reserved.
Article VII.
Mechanical Code and Regulations
Division 1.
Generally
Sec. 10-390. Mechanical code adopted.
Secs. 10-391– 10-408. Reserved.
Division 2.
Registration of Mechanical Contractors
Sec. 10-409. Mechanical registration.
Sec. 10-410. Bond to be filed.
Sec. 10-411. Registration fee; expiration.
Secs. 10-412– 10-435. Reserved.
Article VIII.
Plumbing Code and Regulations
Division 1.
Generally
Sec. 10-436. Plumbing code adopted.
Secs. 10-437– 10-455. Reserved.
Division 2.
Registration of Plumbing Contractors
Sec. 10-456. Plumbing registration.
Sec. 10-457. Bond to be filed.
Sec. 10-458. Registration fee; expiration.
Secs. 10-459– 10-484. Reserved.
Article IX.
House Moving Regulations
Sec. 10-485. License for commercial house movers.
Sec. 10-486. Bond required.
Sec. 10-487. Permit required; fee.
Sec. 10-488. Warning devices.
Secs. 10-489– 10-514. Reserved.
Article X.
Unsafe Buildings
Sec. 10-515. Dilapidated building defined.
Sec. 10-516. Report to be made; board of commissioners consideration.
Sec. 10-517. Condemnation of dilapidated buildings; notice; removal; lien.
Sec. 10-518. Cleaning of demolition and removal sites.
ARTICLE I.
IN GENERAL
Sec. 10-1. Building official.
(a) The building official of the city shall be appointed by the board of commissioners and shall have the powers and duties prescribed for the building official in the city's technical codes; provided that his powers and duties may be exercised by his authorized representative under his supervision and control.
(b) The term "building inspector," whenever used in this Code, means the building official. The terms "electrical inspector," "plumbing inspector," and "gas inspector," wherever used in this Code, also each refer to and mean the building official, unless a separate electrical inspector, plumbing inspector, or gas inspector is appointed by the city board of commissioners.
(c) In addition to powers derived from the city's adopted technical codes, the building official is authorized and empowered:
(1) To enforce all provisions of this chapter and any and all other building and zoning regulations of the city relating to construction, equipment, management and condition of all property, during the construction and shall enforce all provisions herein contained concerning the use of same; and
(2) To prevent any violations of any of the provisions contained in this Code and to file complaints for such violations. In all cases where other legal remedies shall be necessary, he shall advise with the city attorney.
(Code 2000, § 5-104)
Sec. 10-2. Remedies nonexclusive.
No penalty imposed by and pursuant to this chpater shall abrogate the right of the city to apply to the proper courts of the state for a mandamus, an injunction or other appropriate action against such person, firm or corporation.
Secs. 10-3– 10-22. Reserved.
ARTICLE II.
TECHNICAL CODES GENERALLY
Sec. 10-23. Copies of adopted codes.
Copies of all technical codes adopted by the city are available in the office of the city clerk.
Sec. 10-24. Codes remedial in nature.
The city's technical codes as adopted in this chapter are remedial in nature, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health, and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems (herein "service systems").
Sec. 10-25. Quality control.
Quality control of materials and workmanship is not within the purview of this Code except as it relates to the purposes stated herein.
Sec. 10-26. Liability of city.
The inspection or permitting of any building, system or plan under the requirements of this Code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the city nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such that may occur subsequent to such inspection or permitting.
Sec. 10-27. Conflict of regulations.
Where in any specific case sections of the adopted technical codes, of this Code, and of state or federal law or regulation specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
Sec. 10-28. Appendices to technical codes.
Appendices referenced in the code text of the technical codes shall be considered an integral part of the codes.
Sec. 10-29. Referenced standards.
Standards referenced in the text of the technical codes shall be considered an integral part of the codes. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.
Sec. 10-30. Requirements not covered by code.
Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this of the other technical codes, shall be determined by the building official.
Sec. 10-31. Alternate materials and methods.
The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternative has been reviewed by the building official. The building official shall approve any such alternative, provided the building official finds that the alternative for the purpose intended is at least the equivalent of that prescribed in the technical codes, in quality, strength, effectiveness, fire resistance, durability and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative.
Sec. 10-32. Existing buildings to comply.
Alterations, repairs or rehabilitation work may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The building official shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.
Sec. 10-33. Change of occupancy.
If the occupancy classification of any existing building or structure is changed, the building, electrical, gas, mechanical and plumbing systems shall be made to conform to the intent of the technical codes as required by the building official.
Sec. 10-34. Special historic buildings.
The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the building official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts.
Secs. 10-35– 10-56. Reserved.
ARTICLE III.
BUILDING CODE AND REGULATIONS
DIVISION 1.
GENERALLY
Sec. 10-57. Building code adopted.
(a) The International Building Code, 2009 Edition, published by the International Code Council (ICC), is adopted as the building code of the city as fully as if set forth in full in this Code, except to the extent modified by the provisions of subsection (b) hereof, if any.
(b) (Reserved).
(Code 2000, § 5-101; Ord. No. 583, 4-23-1990)
State law references: Building codes, adoption by cities, 11 O.S. §§ 14-107, 74 O.S. 324.8; city powers to supervise plumbing, 59 O.S. § 1001 et seq.
Secs. 10-58– 10-87. Reserved.
DIVISION 2.
BUILDING PERMITS
Sec. 10-88. Building permits required.
Except as otherwise specifically provided in this division, a building permit shall be required of all persons by the city prior to the start of construction, alteration, addition, repair, removal or demolition of any building or structure within the corporate limits of the city as required in the building code. All building permits contemplated in this division shall be obtained at the office of the city clerk upon application for the building permit and payment for same.
(Code 2000, § 5-105; Ord. No. 472, 12-10-1979; Ord. No. 610, 11-26-1991)
State law references: Municipal authority to require buildings permits and impose fees, 74 O.S. § 324.11.
Sec. 10-89. Permission granted to homeowners for electrical, mechanical, plumbing work.
(a) Any person owning a home within the city limits shall be permitted to install, maintain or repair all electrical, plumbing or mechanical work in or on such home, provided the following conditions are met:
(1) The person owning the home and desirous of the permission hereby granted, occupies such home as the person's principal residence, or alternatively, intends to occupy such home as such person's principal residence without any intermediary person occupying same;
(2) Such person desirous of the permission granted in this division, executes a release of liability to the city; and
(3) The person desirous of the permission granted in this division has properly registered, under other provisions of this Code, with the city clerk, and paid the fee therefor.
(b) Upon request of the homeowner, the building official over electrical, plumbing and mechanical work shall issue a permit to such homeowner making the request.
(Code 2000, § 5-107; Ord. No. 474, 12-17-1979; Ord. No. 610, 11-26-1991)
Sec. 10-90. Permit fees.
(a) Charges for permits shall be as provided in the city fee schedule.
(b) When the total construction of the building or structure, including all labor and materials, has been contracted to be constructed, the total contract price shall be used as the estimated value of the building or structure upon completion.
(c) When the actual construction of the building or structure is to be done partially or entirely by the owner thereof, then the estimated value of the building or structure upon completion shall include all materials used, hired labor and the reasonable value of the owner's labor and all donated labor expended in connection with the construction of the building or structure.
(Code 2000, § 5-106; Ord. No. 472, 12-10-1979)
Secs. 10-91– 10-108. Reserved.
ARTICLE IV.
ELECTRICAL CODE AND REGULATIONS
DIVISION 1.
GENERALLY
Sec. 10-109. Exceptions.
The provisions of this article shall not apply to:
(1) Buildings owned by the federal government;
(2) Installations, alterations or repairs of electrical equipment and devices by municipalities for streetlighting or traffic signal systems;
(3) Vehicles, boats or airplanes;
(4) Integral parts of communications systems of telephone or telegraph companies;
(5) Communications systems of railroads or pipeline companies or oil or gas producers;
(6) Public utilities systems subject to the regulations of the state corporation commission and rural electric cooperatives in the generation, transmission and distribution of electricity;
(7) Persons performing electrical work on integral components of equipment for which they have been otherwise qualified by examination of other competent bodies; and
(8) Any person engaged only in the work of operating any of the electrical installations in a factory, refinery, office building, school district, institution of higher learning, hospital or any facility thereof; provided, he shall be hired by only one entity and shall not establish an electrical business nor be able to assume any electrical contracting functions.
(Code 2000, § 5-308; Ord. No. 482, 8-18-1980)
Sec. 10-110. Exemptions.
Inspections, certificates, licenses, permits and bonds, as required in this article, shall not be required in connection with work performed by or for electric utilities, telephone or telegraph companies engaged only in their own businesses and not engaged in performing electrical work as an electrical contractor for the public generally, where such electric wiring, devices, apparatus or equipment is an integral part of the facilities used in rendering public utility service. However, this exemption shall not apply in connection with the installation or alteration of the wiring system used for lighting buildings, heating buildings or furnishing power for buildings unless such lighting, heating or power is used as an integral part of the wiring, devices, apparatus or equipment facilities used in rendering a public utility service.
(Code 2000, § 5-312; Ord. No. 482, 8-18-1980)
Sec. 10-111. Liability.
This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating or installing electrical wiring, appliances, apparatus, structures or equipment for any damages or injuries caused by any defect therein, but neither shall the city nor any agent of the city be held as assuming any such liability by reason of the inspection by the electrical inspection department.
(Code 2000, § 5-325; Ord. No. 482, 8-18-1980)
Secs. 10-112– 10-135. Reserved.
DIVISION 2.
ELECTRICAL CODE
Sec. 10-136. Adopted.
(a) The city adopts by reference the National Electrical Code, 2008 Edition, published by the National Fire Protection Association, as and for the electrical code of the city, as if fully set forth herein, except to the extent modified by the provisions of subsection (b) of this section, if any.
(b) (Reserved).
(c) All electrical materials and equipment and the method of installation thereof shall be in conformity with the provisions of the National Electrical Code. Where no specific standards are prescribed by this Code, then such materials, equipment and installation shall be in conformity with approved standards for safety to persons and property and in compliance with statutes of the state pertaining to the installation of electrical materials and equipment, and conformity with the regulations set forth in the National Electrical Code, being the standard of the National Board of Fire Underwriters.
(d) The National Electrical Code and any interim amendments or interpretations made and promulgated by the National Board of Fire Underwriters, together with such interpretations and rulings based thereon as are made by the city electrical examining and appeals board, shall at all times be binding upon the electrical inspector.
(Code 2000, § 5-323; Ord. No. 482, 8-18-1980)
Sec. 10-137. Life Safety Code adopted.
(a) The city adopts by reference NFPA 101: Life Safety Code, 2009 Edition, published by the National Fire Protection Association, as and for the life safety code of the city, except to the extent modified by the provisions of subsection (b) of this section, if any.
(b) (Reserved).
(Code 2000, § 5-108; Ord. No. 584, 4-9-1990)
Sec. 10-138. Material standards.
(a) It is unlawful for any person to use or install any electrical apparatus, materials, appliances or fixtures for interior or exterior wiring of any kind within the corporate limits of the city, unless such apparatus, materials, fixtures or appliances meet the requirements of the city's technical codes. However, unless by the provisions of this Code or state statute a specific type or class of electrical equipment is disapproved for installation and use, conformity with the standards of Underwriters Laboratories, Inc., as approved by the American Standards Association, shall be prima facie evidence of conformity with approved standards for safety to persons and property.
(b) The provisions of this section shall not apply to equipment owned and used by an electrical supply or communications agency in the generation, transmission or distribution of electricity or for the operation of signals or the transmissions of intelligence.
(Code 2000, § 5-324; Ord. No. 482, 8-18-1980)
Secs. 10-139– 10-159. Reserved.
DIVISION 3.
ELECTRICAL PERMITS
Sec. 10-160. Permit required.
(a) Except as otherwise specifically provided in this chapter, no person shall do or cause to be done any interior or exterior electrical wiring or any electrical construction, electrical installation, or alteration of any electrical wiring, apparatus or fixtures within the city without first having obtained an electrical construction permit for the work from the office of electrical inspection. A permit for such work shall not be issued to any person that has failed to comply with the provisions of this Code.
(b) Permits to do electrical work shall be issued only to licensed electrical contractors and sign contractors as established and defined by the board of commissioners.
(c) Permits shall not be required for maintenance work or repair work if the maintenance and repair work does not require alteration or rearrangement of electrical installation.
(d) Applicants for permits shall, prior to doing any work requiring a permit, call or appear in person at the office of electrical inspection of the city and give the name of the electrical contractor who is to do such work, the address where the work is to be done and the type of electrical construction intended.
(e) Any electrical contractor who proceeds to do work described in this article requiring a permit, without following the provisions of this section, shall be assessed double the amount of the fee which should have been paid, which sum shall be deducted from his cash bond if not otherwise paid. If the electrical inspector of the city or any of his assistants finds electrical work in progress on any job for which no electrical construction permit has been issued, he shall immediately order all such electrical work to cease, and any person who thereafter does electrical work on such job before an electrical permit has been issued therefor shall be guilty of an offense.
(f) The fee for the permit herein provided shall be in the amount provided in the city fee schedule.
(Code 2000, § 5-309; Ord. No. 482, 8-18-1980; Ord. No. 598, 4-1-1991)
Sec. 10-161. Cash bond to secure payment of permit and inspection fees.
(a) Before any permit shall be issued under this article, the person or firm requesting the permit shall deposit with the city clerk a cash bond in the sum as set by the city to cover delinquent or unpaid permit and inspection fees.
(b) Permit and inspection fees shall be charged to established electrical contractors on a monthly basis and they shall be billed by the office of the city clerk on the first day of each month for all permit and inspection fees assessed during the preceding month. The fees shall then be due and payable at once and if not paid in full by the 16th of the month in which billed, the total amount due and unpaid shall be deducted from the cash bond of the delinquent electrical contractor and deposited with office of the city clerk in payment of the fees, at which time the issuance of permits and certificates to the delinquent electrical contractor shall be suspended until and unless the cash bond is renewed in full.
(c) In the event it is necessary to use any portion of the cash bond deposit in payment of delinquent permits or inspection fees, then the electrical contractor shall pay a penalty fee in the amount provided in the city fee schedule to the city which sum is declared to be the amount necessary to defray the reasonable bookkeeping and auditing cost and expense to the city for enforcing this provision. The penalty fee shall be deducted from the cash bond deposit of the delinquent electrical contractor.
(Code 2000, § 5-310; Ord. No. 482, 8-18-1980)
Sec. 10-162. Issuance of permit.
Upon compliance with the provisions of this article, and prior to final inspection of the work by the electrical inspector, it shall be the duty of the electrical inspector to issue a permit permitting such person to perform the electrical work covered by the application, provided the plans for same conform to or comply with the ordinances of the city.
(Code 2000, § 5-311; Ord. No. 482, 8-18-1980)
Sec. 10-163. Plans and specifications, commercial.
(a) Prior to issuance of a permit under this article, the office of electrical inspection may require from any electrical contractor a set of plans and specifications for any proposed electrical job in order that the electrical inspector may check such plans and specifications to determine if the proposed electrical installations will comply with the ordinances of the city.
(b) If plans are requested by the electrical contractor, the electrical inspector must render a decision in writing on such plans and specifications within five days after receiving same as to whether or not the electrical installation as set out in such plans, complies with the ordinances of the city. If the electrical inspector renders a decision that such electrical construction, as set out in such plans, does comply with this Code, and if such electrical installations are made in conformity with such plans, then such decisions of the electrical inspector will be binding upon the office of electrical inspection.
(c) The electrical inspector shall have and is hereby given authority to refuse to issue a permit for the installation of electric wiring, as set forth and provided in this article or for any additions or extensions to any electrical wiring in or on any building where the wiring done or proposed to be done is shown to be unsafe or not in accordance with this Code.
(Code 2000, § 5-313; Ord. No. 482, 8-18-1980)
Secs. 10-164– 10-194. Reserved.
DIVISION 4.
ELECTRICAL INSPECTIONS
Sec. 10-195. Office of electrical inspection created.
(a) There is hereby created for the city the office of electrical inspection which office shall be supervised by the electrical inspector. Assistant electrical inspectors may be employed to assist in the work of the office of electrical inspection.
(b) The office of electrical inspection shall be responsible for enforcing this Code provisions relating to electrical wiring and electrical construction and installation, repair, alteration, operation and maintenance of electrical equipment, apparatus and fixtures in the city.
(Code 2000, § 5-301; Ord. No. 482, 8-18-1980)
Sec. 10-196. Inspections, notice of violations; utility disconnection authorized.
(a) The electrical inspector shall have the authority and shall be required to inspect or reinspect all overhead, underground, interior and exterior wiring, and electrical apparatus in the city and, when such wiring or electrical apparatus is found to be unsafe to life or property, shall notify the person owning, using or operating the same to place the same in a safe condition.
(b) The notice shall be in writing and shall set out the work required to be done to place the electrical conductors or apparatus in a safe condition and be in sufficient detail to clearly establish what work is required to be done.
(c) Electrical work required by the electrical inspector under this section shall be commenced within 48 hours after notice is given of the existence of unsafe electrical conductors or apparatus.
(d) It shall be the duty of the person owning, using or operating the unsafe electrical equipment to place same in a safe condition within a reasonable time after notice is given by the electrical inspector. The term "reasonable time," as used in this section, shall not be in excess of that which would be required by an ordinarily prudent electrical contracting firm, working under reasonable and usual business hours and with the usual and reasonable number of electricians to complete such electrical work as required by the electrical inspector.
(e) If the electrical work is not accomplished in such a reasonable time, the electrical inspector shall have authority to order the electric utility company serving electricity to the premises on which such defective electrical conditions exist to disconnect service to such premises within 48 hours, not including Saturdays, Sundays and holidays, after notice is given to the electric utility company to make such disconnection.
(f) The electrical inspector shall institute by and with the advice of the city attorney such prosecutions as may be necessary against any violators of this Code relating to electrical wiring and electrical equipment.
(Code 2000, § 5-302; Ord. No. 482, 8-18-1980)
Sec. 10-197. Inspection required.
(a) When any work is done for which a permit is required under this Code, then the work shall be inspected by the electrical inspector or one of his assistants and if such work is not done in such a manner and with such materials as required by this electrical code, the inspector shall require the work to be redone to comply with the electrical code, and if such work is not redone to comply with the electrical code, then the electrical inspector may order the electric utility company to disconnect electrical service to the premises in which such electrical work is situated, as provided in this Code.
(b) It is the duty of electrical contractors and any others holding permits to do electrical work to notify the office of electrical inspection as soon as any electrical work is ready for inspection.
(Code 2000, § 5-314; Ord. No. 482, 8-18-1980)
Sec. 10-198. Time of inspection; certificate of compliance.
(a) The electrical inspector or one of his assistants shall, in all cases, inspect any and all new electrical wiring within 48 hours after receipt of notice from the permit holder that the work is complete and ready for inspection, the period not to include Saturdays, Sundays and holidays.
(b) In the event the inspection cannot be made within such a time limit, the electrical inspector shall permit the electrical contractor and owner or tenant of the premises upon or within such electrical wiring has been done, upon completion of the work to file with the office of electrical inspection a certificate of compliance in the form available from the city clerk. Thereupon, such wiring may be temporarily energized and put in service pending inspection otherwise by this Code, and such inspection shall be made at the earliest possible time thereafter.
(c) The certificate of compliance shall not be permitted to be filed where the wiring involved is in new structures but shall apply only to additional wiring in old structures where the wiring is for use in connection with or for the purpose of servicing, cooling or laundry devices or air conditioning, cooling, heating or refrigerating devices. In such instances, the filing of such certificate properly executed with the office of electrical inspection and the delivery of a copy thereof to the supplying electric utility company shall constitute authorization to such electric utility company to provide electric energy to such new wiring or the circuit to which the wiring concerned is connected until such time as the inspection herein required may be made by the electrical inspector.
(d) Upon such inspection, if the electrical inspector shall fail to approve such new wiring and refuse to issue a certificate of inspection, he shall thereupon immediately notify the supplying electric utility company of such refusal, whereupon it shall be the duty of such electrical company to disconnect and discontinue the supplying of electricity to such new wiring until such time as the defects therein have been corrected and a final certificate issued.
(e) The procedure herein provided, insofar as applicable, shall be in addition to provisions contained in this Code for temporary certificates and shall not abrogate the provision for the issuance of final certificates of approval as set forth in this Code.
(Code 2000, § 5-315; Ord. No. 482, 8-18-1980)
Sec. 10-199. Inspection of work.
(a) Upon inspection of electrical wiring of any building, the electrical inspector must leave a notice of the inspection in the form of a tag or label attached to the service or at some other conspicuous location on the premises. This notice must clearly state whether the wiring is approved or is to be kept open for corrections and no person shall in any manner conceal any electrical wiring until such wiring has been approved by the electrical inspector except as provided in this Code. The general contractor or owner, as the case may be, shall be held responsible for any violations of this section.
(b) In addition to the written notice, it shall be the duty of the office of electrical inspection to immediately notify the electrical contractor by telephone or if unable to reach by telephone, then by letter of any defects in the work the electrical contractor is doing and all such defects must be corrected within 24 hours from receipt of such notice.
(c) If the electrical work installed does not comply with the requirements of this Code, then the office of electrical inspection shall refuse to issue a certificate of inspection.
(d) In inspecting the material and labor performed by the electrical contractor, the electrical inspector shall inspect only the material and labor furnished and performed by the electrical contractor and pass or reject the job the electrical contractor is performing on its merits. In the event the electrical inspector finds valid reasons to require other and additional material or labor furnished or performed on, in or about the premises, he shall, nevertheless, pass the job the electrical contractor did, provided the same conforms to the standards of this electrical code and must treat the other wiring as a separate problem and give notice to the owner of such other problem as herein provided, stating therein that the work the electrical contractor did has passed inspection.
(Code 2000, § 5-316; Ord. No. 482, 8-18-1980)
Sec. 10-200. Appeals on determination of inspector.
(a) Any decision of the electrical inspector as to any requirement for the replacement, alteration or installation of electrical work to comply with the ordinance of the city may be appealed to the city examining and appeals board as established by the city commission, by giving notice of intention to appeal 15 days following the decision of the electrical inspector which is being appealed. The notice of appeal as required shall be in writing and shall set forth by street and number or lot and block number, if no street address is known, the premises on which such rejected or condemned electrical work exists and the nature of the inspector's decision which is being appealed.
(b) The notice shall be delivered in person or by mail to the city electrical examining and appeals board, the office of electrical inspection of the city and the electric utility company.
(c) The filing of such notice of appeal shall stay any order of the electrical inspector to disconnect the electrical service from the premises if such disconnect order is based upon a technical violation of this electrical code. If such disconnect order is based on impending danger to life or property, then any appeal as permitted in this division shall not stay the disconnect order of the electrical inspector.
(Code 2000, § 5-307; Ord. No. 482, 8-18-1980)
Sec. 10-201. Alteration after inspection.
It is unlawful for any person to alter any electrical work after its final inspection without obtaining a permit, the same as required for original installation.
(Code 2000, § 5-321; Ord. No. 482, 8-18-1980)
Sec. 10-202. Inspection and certificate fees.
Fees for inspection and certificates of approval and compliance shall be as provided in the city fee schedule.
(Code 2000, § 5-322)
Secs. 10-203– 10-227. Reserved.
DIVISION 5.
CERTIFICATES OF APPROVAL
Sec. 10-228. Temporary certificate.
(a) When, for good and sufficient cause, it is necessary to have electrical energy available at any installation before a final certificate can be issued, the electrical inspector shall, if the parts to which the current is to be applied are in a safe and satisfactory condition, issue a temporary certificate. The issuance of such temporary certificate shall constitute the grant of authority to the electric utility company to provide electrical energy to the installation.
(b) When a temporary service is installed satisfactory to the electrical inspector, the electric utility company will not be permitted to make a connection to permanent service until after a final inspection certificate has been issued. There shall be a fee as set by the city for each temporary certificate issued.
(Code 2000, § 5-317; Ord. No. 482, 8-18-1980)
Sec. 10-229. Final certificate.
On completion of the work covered by a permit as set forth in this article, if such work is performed according to the provisions of this electrical code, the electrical inspector shall issue a certificate of approval and therein certify that the electrical work is in accordance with the electrical code of the city.
(Code 2000, § 5-318; Ord. No. 482, 8-18-1980)
Sec. 10-230. Turn-on of electricity.
No electric utility company shall connect to any electrical installation of any kind whatsoever until furnished with a certificate of approval providing such connection duly signed by the electrical inspector.
(Code 2000, § 5-319; Ord. No. 482, 8-18-1980)
Sec. 10-231. Notice of rejection.
When a job has been rejected by the office of electrical inspection or electrical work condemned by the electrical inspector, the electrical contractor doing the electrical work shall be notified, specifically setting out what is required to place the electrical portion of the premises in condition for approval by the electrical inspector.
(Code 2000, § 5-320; Ord. No. 482, 8-18-1980)
Secs. 10-232– 10-255. Reserved.
DIVISION 6.
ELECTRICAL CONTRACTOR OR JOURNEYMAN LICENSE
Sec. 10-256. Electrical registration required.
(a) No person shall engage in the business of wiring, rewiring, installing or altering any electrical wiring or installing or repairing any electrical apparatus, appliances, or fixtures of any kind or description as an electrician within the corporate limits of the city without first securing from the office of the city clerk a registration certificate.
(b) The applicant shall file with the city clerk an application showing the name of the person in whose name it is desired that the electrician's certificate be issued, the number of years of experience such applicant has had in the electrical business and such other further information as may be required by the city clerk.
(c) Upon approval of such application and the filing of the bond provided for in section 10-257, the electrical certificate shall be issued by the city clerk over his signature. No person may be registered without possessing a current and valid state license.
(Code 2000, § 5-304; Ord. No. 470, 12-10-1979)
State law references: State electrical requirements, licensing by state, 59 O.S. § 1680 et seq.
Sec. 10-257. Bond of contractor.
(a) At the time of the issuing of the license required by this division, the applicant for contractor shall file with the city a surety through a company authorized to transact business in the state in the sum as set by the board of commissioners, conditioned that the bond shall guarantee:
(1) The performance on the part of the principal of such bond of all work in strict accordance with requirements of the ordinances of the city;
(2) The payment of fees and other charges due to the city; and
(3) The replacing of all faulty or defective materials or workmanship installed by the principal of the bond.
(b) In the event the principal does not perform and discharge all duties and obligations resting upon him, the signers of the bond shall be liable in the first instance, and suit may be brought directly upon the bond jointly or severally with the surety company by any person injured or damaged as the result of such principal's failure to comply with the provisions and requirements of the Code relating to such work.
(Code 2000, § 5-305; Ord. No. 470, 12-10-1979)
Sec. 10-258. Fee; expiration.
Registration fees for licenses and certificates under this division shall be in the amount provided in the city fee schedule. Fees are due no later than July 31 of each year, after which a penalty, in the amount provided in the city fee schedule, shall be assessed. There shall be no protation of fees required hereunder.
(Code 2000, § 5-306; Ord. No. 482, 8-18-1980; Ord. No. 821, § 1, 9-29-2008)
Secs. 10-259– 10-279. Reserved.
ARTICLE V.
FUEL GAS CODE AND REGULATIONS
Sec. 10-280. Pamphlet adopted.
(a) The city adopts Pamphlet No. 54, National Fuel Gas Code, 2009 Edition, published by the National Fire Protection Association, to govern the installation of gas piping and gas appliances in the city, as though fully set forth herein, except to the extent modified by the provisions of subsection (b) of this section, if any.
(b) (Reserved).
(Code 2000, § 5-401)
State law references: Liquefied Petroleum Gas Regulation Act, 52 O.S. § 420.1 et seq.
Sec. 10-281. Gas company defined.
The words "gas company" as used in this article shall refer to and designate any person selling and distributing natural or manufactured gas in the city to the public generally.
(Code 2000, § 5-402)
Sec. 10-282. Licensed plumber required.
No person except a licensed gas plumber licensed by the city shall do any gasfitting or plumbing within the city. Fees shall be required for such license as set by the board of commissioners.
(Code 2000, § 5-403)
Sec. 10-283. Gas company, connect when.
The gas company shall, upon request after application has been signed by the consumer, at its own expense tap the main and run a line to the curb and place a stop and a box there.
(Code 2000, § 5-404)
Sec. 10-284. Company to refuse service.
No gas company shall make any connections with or sell to any owner or consumer who has failed, neglected or refused to put in the proper size pipe or in any other respect failed to comply with the ordinance provisions relating to gasfitting as construed and applied by the plumbing inspector. The gas company shall disconnect service at any time the inspector shall require the same on account of any faulty condition in the gasfitting system on the premises.
(Code 2000, § 5-405)
Sec. 10-285. Dangerous conditions.
It is the duty of the plumbing inspector to require each and every person using natural or manufactured gas to maintain the gasfitting or plumbing in a safe and serviceable condition. Reasonable notice under the circumstances shall be required, which, if not complied with, shall be authority for the discontinuance of the service until such dangerous conditions are removed. In all such cases where the repairs or improvements or changes are not made which are necessary to put the same into a safe and serviceable condition, the plumbing inspector shall order the gas company to disconnect the premises and to keep the same disconnected until the improvements are properly made and his certificate of same is filed with the gas company.
(Code 2000, § 5-406)
Secs. 10-286– 10-303. Reserved.
ARTICLE VI.
HOUSING CODE AND REGULATIONS
DIVISION 1.
GENERALLY
Sec. 10-304. Housing code adopted.
(a) The International Residential Code for One- and Two-Family Dwellings, 2009 Edition, published by the International Code Council (ICC), is adopted as the housing code of the city as fully as if set forth in full in this Code, except to the extent modified by the provisions of subsection (b) of this section, if any.
(b) (Reserved).
(Code 2000, § 5-1101; Ord. No. 607, 9-19-1991)
Sec. 10-305. Standards where conflict.
In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire safety or health ordinances of the city existing on the effective date of the ordinance from which this article is derived, the provision that establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
(Code 2000, § 5-1109; Ord. No. 607, 9-19-1991)
Secs. 10-306– 10-328. Reserved.
DIVISION 2.
ADMINISTRATION AND ENFORCEMENT
Sec. 10-329. Designation of unfit dwellings.
Any dwelling or dwelling unit that, by its failure to comply with the requirements as set out in this article, is found to be in any of the following conditions shall be condemned as unfit for human habitation:
(1) One that is so damaged, destroyed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public;
(2) One that lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public; or
(3) One that because of its general condition or location is unsanitary, or otherwise dangerous to the health or safety of the occupants of the public.
(Code 2000, § 5-1106; Ord. No. 607, 9-19-1991)
Sec. 10-330. Placarding of structure; notice to persons having interest; vacating required; hearing.
(a) Whenever an officer of the city determines that a building is unfit for human habitation as designated in section 10-329, he shall:
(1) Affix to such dwelling or portion thereof, upon the door or entrance thereto, a placard on which shall be printed a declaration that such dwelling or portion thereof is unfit for human habitation and order such dwelling or portion thereof vacated; and
(2) Notify the owner, occupant, lessee, and other person having an interest in the building as shown by the records in the office of the county clerk of the county, of any building found by him to be unfit for human habitation that the owner must vacate and repair or demolish the building in accordance with the terms of the notice and this chapter. The occupant or lessee must vacate the building or, with the consent of the owner, may have it repaired in accordance with the notice and order and remain in possession.
(b) Any dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation must be vacated and shall not again be used for human habitation until written approval is secured from and such placard is removed by the health officer or building official.
(c) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter under the procedure set forth in section 10-358.
(Code 2000, § 5-1106; Ord. No. 607, 9-19-1991)
Sec. 10-331. Removal of placard; damage to placard prohibited.
The health officer or building official shall remove such placard whenever the defects, or deficiencies upon which the condemnation and placarding action were based have been eliminated. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded.
(Code 2000, § 5-1106; Ord. No. 607, 9-19-1991)
Sec. 10-332. Emergency vacation and demolition.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dwelling unfit for human habitation, as designated in section 10-329, is immediately vacated and repaired or demolished, the health officer or building official, after obtaining authorization and approval from the board of commissioners, shall cause the immediate vacation and repair or demolition of such dwelling unfit for human habitation. The costs of such emergency repair or demolition of such dwelling unfit for human habitation shall be collected in the same manner as provided section 10-334.
(Code 2000, § 5-1108; Ord. No. 607, 9-19-1991)
Sec. 10-333. Orders to vacate.
(a) Where a notice of violation and order to comply has been served pursuant to this article, and, upon reinspection at the end of the time specified for compliance, and if no petition for a hearing has been filed, it is found that the violations have not been remedied, the health officer or building official may order the dwelling or parts thereof affected by the continued violations, vacated in accordance with the following procedure:
(1) Dwellings shall be vacated within a reasonable time not to exceed 60 days.
(2) Vacated dwellings shall have all outer doors firmly locked and basement, cellar and first story windows barred or boarded to prevent entry.
(3) Vacated dwellings shall not be used for human habitation until written approval is secured from the health officer or building official.
(b) If a dwelling or part thereof is not vacated within the time specified in a vacation order, the health officer or building official may seek an order in a court of competent jurisdiction for the vacation of such dwelling or part thereof.
(Code 2000, § 5-1105; Ord. No. 607, 9-19-1991)
Sec. 10-334. Effect of failure to comply with order.
If an owner, occupant or lessee fails to comply with an order of the health officer or building official issued pursuant to this article or the order or decision of the housing appeals board after a hearing, where a hearing has been requested, the health officer or building official shall cause such dwelling or part thereof to be vacated and may, after obtaining authorization and approval from the board of commissioners, cause the same to be repaired or demolished if the facts indicate that any delay will be dangerous to the health, morals, safety or the general welfare of the people, and shall cause the cost of such repair or demolition to be charged against the land on which the building existed as a municipal lien or to be recovered in a suit at law against the owner.
(Code 2000, § 5-1107; Ord. No. 607, 9-19-1991)
Secs. 10-335– 10-356. Reserved.
DIVISION 3.
APPEALS
Sec. 10-357. Housing appeals board; creation and duties.
(a) There is hereby created a housing appeals board of five members to make rules and regulations for the enforcement of this chapter, to conduct the hearings and hear the appeals authorized hereunder. The members of the housing appeals board shall be the board of adjustment.
(b) The members of the housing appeals board shall serve without pay and such board shall have the power and authority subject to the approval of the board of commissioners, as set out in this division, to carry out the purposes of this article.
(c) The housing appeals board shall adopt rules of procedure and elect such officers as the board deems necessary. All meetings of the housing appeals board shall be open to the public and shall be held at the call of the chairman.
(d) Where any question arises as to the interpretation of any provision of this article, such question shall be certified to the housing appeals board by either the health officer or the building official or by the parties aggrieved, and the housing appeals board shall resolve and determine such question in keeping with the intent and purposes of this chapter.
(e) The housing appeals board shall review annually the provisions and standards set out in this article and on or before June 30 of each year shall make a report and such recommendations as may be deemed advisable to the board of commissioners for the revision of or amendments to this article.
(Code 2000, § 5-1103; Ord. No. 607, 9-19-1991)
Sec. 10-358. Hearings.
(a) Any person affected by any notice and order that has been issued in connection with the enforcement of any of the provisions of this article may request and shall be granted a hearing on the matter before the housing appeals board of the city, provided that such person shall file in the office of the health officer or building official a written petition requesting such hearing and setting forth a brief statement of the grounds for such appeal and such other information as may be deemed necessary by the health officer or building official. Such petition shall be filed within 15 days after the day the notice and order is served.
(b) Upon receipt of such a petition, the health officer or building official shall place the matter upon the agenda of the housing appeals board of the city for a hearing at a meeting of the board and shall give the petitioner written notice thereof.
(c) At such hearing, the health officer or building official or his authorized representatives shall present any matter or evidence relating to the appeal pending, and thereafter the petitioner shall be given an opportunity to be heard and to show cause why such notice and order should be modified or withdrawn. The petitioner, health officer, building official, or any interested party, may appear in person or by agent or attorney.
(d) An appeal hereunder to the housing appeals board stays all proceedings in furtherance of the notice, order or action appealed from unless the health officer or building official certifies to the housing appeals board, after the petition of appeal shall have been filed with him, that by reason of facts stated by the health officer or building official in his certificate that a stay would in his opinion cause imminent peril to life or property. In such case, the notice and order of the health officer or building official shall not be stayed otherwise than by a restraining order which may be granted by the housing appeals board or by a court of competent jurisdiction for due and sufficient cause shown.
(e) After a hearing the housing appeals board shall sustain, modify or withdraw the notice and order by majority vote of the entire board, depending upon its findings as to whether the provisions of this chapter have been complied with. The petitioner and the health officer or building official shall be notified in writing of the findings of the housing appeals board and its decision thereon.
(f) The proceedings at such hearings shall be open to the public, and to any interested persons, and the findings and decision of the housing appeals board and reasons thereof shall be summarized and reduced to writing and entered as a matter of public record in the office of the city clerk and health officer. Such record shall also include a copy of all notices and orders issued in connection with the matter.
(g) Any order, ruling, requirement or decision of the housing appeals board of the city shall be final and binding on the parties thereto provided that any person who is aggrieved by any order, ruling, requirement or decision of the housing appeals board of the city may seek relief therefrom by filing suit in a court of competent jurisdiction within 20 days from the date of the order, ruling, requirement or decision of such housing appeals board.
(Code 2000, § 5-1104; Ord. No. 607, 9-19-1991)
Secs. 10-359– 10-389. Reserved.
ARTICLE VII.
MECHANICAL CODE AND REGULATIONS
DIVISION 1.
GENERALLY
Sec. 10-390. Mechanical code adopted.
(a) The International Mechanical Code, 2009 Edition, published by the International Code Council (ICC), is adopted as the mechanical code of the city as fully as if set forth in full in this Code, except to the extent modified by the provisions of subsection (b) of this section, if any.
(b) (Reserved).
(Code 2000, § 5-601)
Secs. 10-391– 10-408. Reserved.
DIVISION 2.
REGISTRATION OF MECHANICAL CONTRACTORS
Sec. 10-409. Mechanical registration.
(a) No person shall engage in the business of mechanical contracting within the corporate limits of the city without first securing from the office of the city clerk a registration certificate.
(b) The applicant shall file with the city clerk an application showing the name of the person in whose name it is desired that the certificate be issued, the number of years of experience the applicant has had in the mechanical contracting business and such other further information as may be required by the city clerk.
(c) Upon approval of such application and the filing of the bond provided for by section 10-410, the certificate shall be issued by the city clerk over his signature. No city registration will be valid without a current and valid state license.
Sec. 10-410. Bond to be filed.
(a) At the time of issuing the registration provided herein, the applicant for mechanical contractor registration shall file with the city clerk a good and sufficient bond executed by a surety company authorized to do business in the state in the sum as set by the board of commissioners, conditioned that the bond shall guarantee:
(1) The performance on the part of the principal of the bond of all work in strict accordance with requirements of the ordinances of the city;
(2) The payment of fees and other charges due to the city;
(3) The replacing of all faulty or defective materials or workmanship installed by the principal of the bond.
(b) In the event the principal does not perform and discharge all duties and obligations resting upon him, the signers of the bond shall be liable in the first instance and suit may be brought directly upon the bond jointly or severally with the surety company by any person injured or damaged as the result of the principal's failure to comply with the provisions and requirements of the ordinances relating to such work.
Sec. 10-411. Registration fee; expiration.
The annual registration fee to be paid to the city for the issuance of a mechanical contractor registration certificate shall be as provided in the city fee schedule. The certificate shall expire on June 30 of each year. Payment of the fee herein is required on or before July 1 of each year. A penalty in the amount provided in the city fee schedule will be charged for payment received after July 31 of each year. No fee shall be prorated or apportioned for a part of the year.
Secs. 10-412– 10-435. Reserved.
ARTICLE VIII.
PLUMBING CODE AND REGULATIONS
DIVISION 1.
GENERALLY
Sec. 10-436. Plumbing code adopted.
(a) The International Plumbing Code, 2009 Edition, published by the International Code Council (ICC), is adopted as the plumbing code of the city as fully as if set forth in full in this Code, except to the extent modified by the provisions of subsection (b) of this section, if any.
(b) (Reserved).
(Code 2000, § 5-201)
Secs. 10-437– 10-455. Reserved.
DIVISION 2.
REGISTRATION OF PLUMBING CONTRACTORS
Sec. 10-456. Plumbing registration.
(a) No person shall engage in the business of plumbing, pipefitting for water or gas supply, or activities connected with or related to plumbing, within the corporate limits of the city without first securing from the office of the city clerk a registration certificate.
(b) The applicant shall file with the city clerk an application showing the name of the person in whose name it is desired that the plumbing certificate be issued, the number of years of experience the applicant has had in the plumbing business and such other further information as may be required by the city clerk.
(c) Upon approval of such application and the filing of the bond provided for in section 10-457, the plumbing certificate shall be issued by the city clerk over his signature. No city registration will be valid without a current and valid state license.
(Code 2000, § 5-203; Ord. No. 470, 12-10-1979)
State law references: State plumbing license law, 59 O.S. § 1001 et seq.
Sec. 10-457. Bond to be filed.
(a) The applicant for contractor registration shall file with the city clerk a good and sufficient bond executed by a surety company authorized to do business in the state in the sum as set by the board of commissioners, conditioned that the bond shall guarantee:
(1) The performance on the part of the principal of the bond of all work in strict accordance with requirements of the ordinances of the city;
(2) The payment of fees and other charges due to the city;
(3) The replacing of all faulty or defective materials or workmanship installed by the principal of the bond.
(b) In the event the principal does not perform and discharge all duties and obligations resting upon him, the signers of the bond shall be liable in the first instance and suit may be brought directly upon the bond jointly or severally with the surety company by any person injured or damaged as the result of the principal's failure to comply with the provisions and requirements of the ordinances relating to such work.
(Code 2000, § 5-204; Ord. No. 470, 12-10-1979)
Sec. 10-458. Registration fee; expiration.
Registration fees for licenses and certificates under this division shall be in the amount provided in the city fee schedule. Fees are due no later than July 31 of each year, after which a penalty, in the amount provided in the city fee schedule, shall be assessed. There shall be no protation of fees required hereunder.
(Code 2000, § 5-205; Ord. No. 470, 12-10-1979; Ord. No. 482, 8-18-1980; Ord. No. 536, 4-1-1991; Ord. No. 536, 6-24-1985; Ord. No. 822, § 1, 9-29-2008)
Secs. 10-459– 10-484. Reserved.
ARTICLE IX.
HOUSE MOVING REGULATIONS
Sec. 10-485. License for commercial house movers.
Every person who shall engage in the business of moving buildings or structures within the city shall obtain a license therefor from the city clerk and no such license shall be granted until the party applying therefor shall give the bond required by this article. Any person engaged in the occupation of house moving within the city shall pay a license fee per annum, payable July 1 of each year, in the amount provided in the city fee schedule.
(Code 2000, § 5-501)
Sec. 10-486. Bond required.
As a condition to issuing the license as provided in section 10-485, a house mover shall execute a bond to the city in the sum as set by the city with a surety company authorized to do business in the state as surety thereon. Such bond shall be for the benefit of the city and any person sustaining damages as the result of moving a building or structure from one place to another in the city by such licensee. Any person shall be entitled to sue thereon in his name. The bond shall be conditioned as the board of commissioners of the city shall determine and shall be conditioned among other things that:
(1) If the license is granted, the licensee will in all respects comply with the ordinances of the city relating to the moving of buildings or structures and to the use or obstruction of the streets, highways and other places of the city;
(2) The licensee and company will save, indemnify and protect the city from all liability that may arise or be occasioned either directly or indirectly from the moving of the building or structure by such licensee, its agents, servants, employees or subcontractors; and
(3) The licensee shall pay all damages which may be caused or occasioned to any person or to any property, either public or private, within the city by the licensee, his agents, servants or employees while engaged in any work in connection with the moving of any building or structure, including the expense of moving, raising or replacing electric or telephone lines.
(Code 2000, § 5-502)
Sec. 10-487. Permit required; fee.
No building or structure, including a house trailer or mobile home, shall be moved from one place to another in the city until a permit is obtained from the city clerk for such moving in accordance with city's building code. The permit fee shall be as provided in the city fee schedule.
(Code 2000, § 5-503; Ord. No. 472, 12-10-1979)
Sec. 10-488. Warning devices.
(a) Every building or structure being moved pursuant to the provisions of this article that occupies any portion of public property after sundown shall have sufficient warning lights continuously burning between sunset and sunrise for the protection of the public.
(b) There shall be a minimum of five red lights placed on each street side of the building and such red lights shall be attached to the building in such a fashion as to indicate extreme width, height and size.
(c) There shall also be placed, in addition to the warning lights mentioned in subsection (b) of this section, warning lights at regular intervals for a distance in each direction on the street in which the building is situated.
(d) During any moving operation, the licensee shall keep a watchman at all times about the building or structure for the purpose of ensuring that any posted lights are operable and warning traffic with flags in the daytime.
(Code 2000, § 5-504)
Secs. 10-489– 10-514. Reserved.
ARTICLE X.
UNSAFE BUILDINGS
Sec. 10-515. Dilapidated building defined.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dilapidated building means:
(1) A structure that through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety, or welfare of the general public;
(2) A structure that is unfit for human occupancy due to the lack of necessary repairs and is considered uninhabitable or is a hazard to the health, safety, and welfare of the general public;
(3) A structure that is determined by the board of commissioners or its designee to be an unsecured building, as defined by 11 O.S. § 22-112.1, more than three times within any 12-month period;
(4) A structure that has been boarded and secured, as defined by 11 O.S. § 22-112.1, for more than 36 consecutive months; or
(5) A structure declared by the board of commissioners or its designee to constitute a public nuisance.
(Code 2000, § 5-1002)
Sec. 10-516. Report to be made; board of commissioners consideration.
(a) Any officer or employee of this city who discovers or receives a report of a dilapidated building that has become detrimental to the health, benefit and welfare of the public and the community or creates a fire hazard to the danger of property shall report such conditions to the building official.
(b) Upon receiving the report or upon receipt of equivalent information from any reliable source, the building official shall request that the mayor place upon the agenda of the board of commissioners for hearing and consideration at any appropriate date of meeting thereof, such as will permit giving the notices prescribed by statutory law, the question whether such premises, by reason of the dilapidated condition of the building or buildings, are detrimental to the health, benefit and welfare of the public and the community or creates a fire hazard to the danger of property.
(Code 2000, § 5-1001)
Sec. 10-517. Condemnation of dilapidated buildings; notice; removal; lien.
(a) The board of commissioners may cause dilapidated buildings within the city limits to be torn down and removed in accordance with the procedure provided in this section.
(b) At least 15 days' notice shall be given to the owner of the property before the board of commissioners takes action or holds a hearing. Notice shall be given by posting on the property and by certified mail, with return receipt requested, to the property owner at the address shown by the current year's tax rolls in the county treasurer's office. Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last known address of the mortgagee. If the return receipt shows that the property owner cannot be located, or no signature is obtained, notice shall be given by publication in a newspaper of general circulation one time not less than 15 days prior to the hearing.
(c) A hearing shall be held by the board of commissioners to determine whether the property is dilapidated and has thereby become detrimental to the health, benefit and welfare of the public and the community or creates a fire hazard to the danger of property.
(d) Upon a finding that the condition of the property constitutes a detriment or a hazard, and that the property would be benefited by the removal of such conditions, the board of commissioners may cause the dilapidated building to be torn down and removed, and shall fix reasonable dates for the commencement and completion of the work.
(e) The agents of the city are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the city if the work is not performed by the property owner within dates fixed by the board of commissioners.
(f) The board of commissioners shall determine the actual cost of the dismantling and removal of dilapidated buildings, and any other expenses as may be necessary in conjunction therewith, including the cost of notice and mailing. The city clerk shall forward a statement of such actual cost and a demand for payment by certified mail with return receipt requested to the property owner, and by mailing a notice to any mortgage holder, at the addresses named in subsection (b) of this section. If dismantling and removal of dilapidated buildings is done by the city, the cost to the property owner shall not exceed the actual cost of the labor, maintenance and equipment required for dismantling and removal of dilapidated buildings. If dismantling and removal of dilapidated buildings is done on a private contract basis, it shall be awarded to the lowest and best bidder.
(g) If payment is not made within six months from the date of the mailing of the statement, the city clerk shall forward a certified statement of the amount of the cost to the county treasurer in which the property is located and the same shall be levied on the property and collected by the county treasurer as other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.
State law references: Municipal authority to remove dilapidated buildings, 11 O.S. § 22-112 et seq.
(Code 2000, § 5-1002)
Sec. 10-518. Cleaning of demolition and removal sites.
In all cases in which a house or building has been previously removed or is torn down or demolished pursuant to order issued pursuant to this article or by any authorized state or county agency or official, and:
(1) The premises have not been cleaned up;
(2) The premises are cleaned up, and all lumber, brick, concrete, cement, plaster, nails, wire, and other material have not been removed;
(3) The materials removed but the cellar space and excavations have not been filled;
(4) A cistern or well has not been filled or safely and securely closed and all openings to the sanitary sewer have not been plugged to meet the requirements of the city plumbing inspector and securely closed; and
(5) The lot has not been leveled and left entirely free from trash or the same is not immediately done;
the owner of the lot and the person who tore down the house or building shall immediately perform or cause to be performed all of the restoration activities provided in subsections (1) through (5) of this section.
(Code 2000, § 5-1003)