City of Maud, Oklahoma

PART 5

BUILDING REGULATIONS AND CODES

CHAPTER 1

BUILDING CODE AND REGULATIONS

SECTION 5-101 BUILDING CODE ADOPTED

The ICC International Building Code, the latest edition thereof, as published by the International Code Council, Inc., is hereby adopted as the building code of the city for the control of buildings and structures as therein provided. Each and all of the regulations, provisions, penalties, conditions and terms of the International Building Code are hereby referred to, adopted, incorporated and made a part hereof as if fully set out in this code with the additions, insertions, deletions and changes if any prescribed in this chapter.

State law reference; 11 O.S. Sec. 14-107; 74 O.S. Sec. 324.8

SECTION 5-102 ADDITIONS AND CHANGES TO BUILDING CODE

A. The following sections of the building code are hereby revised:

1. Section 101.1, insert City of Maud:
2. Section 1612.3, insert: Pottawatomie County:
3. Section 1612.3, insert September 2010:
4. Section 3410.2, insert December 31, 2010.

SECTION 5-103 PENALTY

A person who violates a provision of this code or fails to comply therewith or with any of the requirements thereof, or who erects, constructs, alters, repairs or removes, or has erected, constructed, altered, repaired, or removed a building or structure in violation of a detailed statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor, and upon conviction shall be fined any sum as provided in section 1-108 of this code, including costs. Each day upon which a violation continues shall be deemed a separate offense.

SECTION 5-104 OFFICIAL

The building official of this city shall be appointed by the city council and shall have the powers and duties prescribed for the "building official" by the city's building code; provided that his powers and duties may be exercised by his authorized representatives under his supervision and control. The term "building inspector", whenever used in the ordinances of the city, means the building official. The terms "electrical inspector", "plumbing inspector", and "gas inspector", wherever used in the ordinances of the city, also each refer to and mean the building official, unless a separate electrical inspector, plumbing inspector, or gas inspector is appointed by the city council.

SECTION 5-105 FIRE LIMITS DEFINED

The fire limits include all of the area in the city limits.

SECTION 5-106 BUILDING

1. No building or other structure shall be built, enlarged, altered or moved as required in the building code, nor any mobile home located, relocated or constructed, without a building permit issued by the city building official. Whenever a building or structure is to be moved from without the city to a location within the city or from one location in the city to another location within the city a building permit is required.
2. A person desiring a building permit shall submit an application therefor to the city building official. The applicant shall submit with the application such reasonable information as the building official may require, to enable him to determine whether granting the permit would be in accordance with the requirements of the ordinances of the city.
3. If the application is in accordance with the requirements of the ordinances and laws, the building official shall issue the permit upon the payment by the applicant of a building permit fee which may be set by motion or resolution of the city council. A current copy of the fee schedule shall be kept in the office of the city building official.
4. A building permit covers the initial plumbing and electrical installations to be made in connection with the building.
5. All buildings being constructed by public bodies, such as the state, counties, school districts, municipalities, and tax exempt organizations shall be exempt from the payment of fees for building permits. Such bodies shall comply with all other regulations governing the construction of any building in the city.
6. The owner of any building or structure may demolish his own building or structure upon the issuance of a demolition permit. The owner shall not be required to obtain a contractor's license but shall otherwise conform to all provisions of this section. Violation of this section by the owner shall constitute an offense and subject the owner to the penalty provisions specified herein.
7. The city, as a condition precedent to the issuance of such permit, shall require a bond executed by the person desiring such demolition permit, with corporate surety; which bond shall be payable to the city in the sum of ten thousand dollars ($10,000.00) and shall indemnify the City of Maud and any citizen therein against damages caused by the demolition of such building to streets, curbs, sidewalks, shade trees, highways and any other property which may be affected by the demolition of the building and further conditioned upon strict compliance with the terms of said permit. Said bond shall also be payable to the city for liquidated damages, in an amount not exceeding fifty dollars ($50.00) to be prescribed by the city for each and every day's delay in completing such of the damage to property or in clearing streets and highways of debris occasioned thereby.
8. No demolition permit shall be issued until the applicant therefor shall have filed a certificate of insurance as proof of coverage for general liability in an amount not less than one hundred thousand dollars ($100,000.00), arising out of work performed, including any and all damage to adjacent structures.

CHAPTER 2

PLUMBING CODE

SECTION 5-201 ADOPTION OF PLUMBING CODE.

A certain document, at least one copy of which is on file in the office of the city clerk-treasurer, being marked and designated as "ICC International Plumbing Code", the latest edition thereof, and any revisions or amendments thereto, as published by The International Code Council, Inc., is hereby adopted as the plumbing code of the city for the control of buildings and structures as therein provided. Each and all of the regulations, provisions, penalties, conditions and terms of the plumbing code are hereby referred to, adopted and made a part hereof, as if fully set out in this code, with additions, insertions and changes, if any, prescribed in this chapter.

State Law References City powers to supervise plumbing, 59 O.S. Sections 1001 et seq.

SECTION 5-202 ADDITIONS, INSERTIONS AND CHANGES TO PLUMBING CODE

The following sections are hereby revised as follows:

1. Section 101.1 Insert “City of Maud”
2. Section 106.6.2 Insert “Schedule of Fees; See section 5-204 of this code.”
3. Section 106.6.3 Insert “80%
4. Section 108.4 Insert “Misdemeanor, $750.00, 0
5. Section 108.5 Insert “$500.00, $1,000.00
6. Section 305.6.1 Insert “18, 24
7. Section 904.1 Insert “12
”

SECTION 5-203 PLUMBERS; REGISTRATION, PERMITS AND FEES.

1. The phrases and words "journeyman plumber," "plumber's apprentice," "plumbing contractor," and "plumbing," when used in the ordinances, regulations and other official acts and communications of this city, shall have the meanings respectively prescribed for them by Sections 1001 et seq. of Title 59 of the Oklahoma Statutes, the state plumbing license law, unless the context clearly indicates a different meaning.
2. It is unlawful for any person to engage in the business, trade, or occupation of a plumbing contractor (otherwise known as a master plumber), or of a journeyman plumber, or of a plumber's apprentice, in this city unless he is registered with the city and has a current and valid certificate of registration issued by the city.
3. For the purpose of this chapters "Plumbing contractor" means any person, firm, or corporation engaged in the business of installing, repairing or altering any plumbing systems or installing any plumbing equipment or materials of any kind or description in the city and who is skilled in the planning, superintending and practical installation of plumbing work and who is licensed by the Oklahoma State Department of Health and otherwise qualified under the requirements of this code to engage in the plumbing business; "Journeyman plumber" means any person actually engaged in the work of installing or repairing any plumbing equipment in the city and "Apprentice plumber" means any person who is learning the plumbing trade and who is competent to assist, under the supervision of a journeyman plumber, in the work of installing or repairing plumbing equipment. A journeyman shall not at any time have more than two (2) apprentice plumbers under his supervision. Supervision as used under this section shall mean that the supervising journeyman plumber shall be present on the job site where the apprentice plumber is working for a period of not less than five (5) hours for an eight (8) hour working period.
4. Only persons who have current and valid licenses as plumbing contractors or journeyman plumbers issued by the State Commissioner of Health, as provided by law, may register as such with the city. Only persons who have current and valid certificates of registration as plumber's apprentices issued by the State Commissioner of Health, as provided by law, may register as such with the city. Any license issued to a firm is not transferable. If a person ceases to be associated with a licensed firm, the firm is required to secure a new license in the name of the qualified, licensed entity or person.
5. Applicants for certificates of registration, after complying with the laws of the state and with the city code, and after payment of the fee set by the city, shall be registered by the city clerk-treasurer. The registration shall expire annually, but may be renewed from year to year. Plumbing contractors desiring to renew their registration shall furnish the same evidence of compliance with state licensing laws and bond as set forth by city code.
6. An applicant for plumbing contractor's registration shall also furnish bond in such sum and such conditions as set by the city council.
7. All plumbing registrations not renewed within ninety (90) days after the date of expiration thereof shall be cancelled, and a new application for registration must be made and the fee for a new registration paid.
8. The fees for registration shall be as set by the city council by motion or resolution.
9. The city council, upon at least ten (10) days' notice and adequate opportunity for a public hearing, may revoke the city registration of any plumbing contractor or journeyman plumber for violating any provisions of the ordinances or regulations of the city relating to the installation of plumbing or for any other cause specified in the state plumbing license law.

SECTION 5-204 PLUMBING; PERMITS AND INSPECTIONS.

1. No plumbing work shall be undertaken without a permit from the plumbing inspector.
2. The application for such work must follow the adopted city code.
3. The schedule of permit fees may be set forth by resolution or motion of the city council. Such payment will be made upon application.
4. Inspection of such work must conform to the guidelines set forth in the city code.

CHAPTER 3

ELECTRICAL CODE

SECTION 5-301 "ELECTRICAL EQUIPMENT" DEFINED.

The term "electrical equipment" used in this chapter refers to electrical conductors, metallic raceways, fittings, devices, fixtures, appliances, apparatus, and any electrical material of any nature, kind, or description, to be installed within or on any building or structure.

State Law Reference; State electrical requirements, licensing by state, 59 O.S. Sections 1680 to 1696.

SECTION 5-302 NATIONAL ELECTRICAL CODE

All installations of electrical equipment shall be in conformity with the provisions of this chapter, with the statutes of the state and any orders, rules and regulations issued by authority thereof, and with approved electrical standards for safety to persons and property. Where no specific standards are prescribed by this chapter or by the statutes of the State of Oklahoma or by any orders, rules, or regulations issued by authority thereof, conformity with the regulations set forth in the current issue of the National Electrical Code as approved by the National Fire Protection Association, shall be prima facie evidence of conformity with approved standards for safety to persons or to property.

SECTION 5-303 UNDERWRITERS LABORATORIES, INC.

All electrical equipment installed or used shall be in conformity with the provisions of this chapter, the statutes of the state and the provisions of this chapter, the statutes of the state and any orders, rules and regulations issued by the authority thereof, and with approved electrical standards for safety to persons or to property. Unless by this chapter, by a statute of the state or any orders, rules, or regulations issued by authority thereof, a specific type or class of electrical equipment is disapproved for installation and use, conformity with the standards of Underwriters' Laboratories, Inc., shall be prima facie evidence of conformity with approved standards for safety to persons or to property.

SECTION 5-304 CITY MAY MAKE SPECIAL RULINGS.

The city council of the city, by motion or resolution, shall have the authority to make special rulings, when circumstances warrant, for the safeguarding of life and property and the improvement of electrical installations. In all cases persons engaged in the installing of electrical equipment and holding an electrical license must be notified by letter of these decisions.

SECTION 5-305 PERMIT REQUIRED FOR ELECTRICAL INSTALLATIONS; ISSUANCE.

1. It is unlawful for any person to install any electrical wiring, fixtures, or apparatus in or on any building or structure in the corporate limits of this city or make extensions to any existing electrical installations without first securing a permit from the city electrical inspector.
2. Applications for electrical permits shall be made to the city clerk- treasurer; and the applicant shall provide such plans, specifications, and other data as may be reasonably required.
3. The fee for an electrical permit shall be as prescribed by motion or resolution passed by the city council.

SECTION 5-306 INSPECTION FEE.

The city council by motion or resolution may prescribe an inspection fee to be paid to the city when electrical installations are inspected by the electrical inspector.

SECTION 5-307 ELECTRICIAN'S REGISTRATION REQUIRED, BOND.

1. It is unlawful for any person to engage in the business, trade or vocation of electrical contractor, journeyman electrician or apprentice electrician without a certificate of registration as such secured from the city. The initial fee for a registration certificate, and any renewal, to be paid to the city clerk-treasurer, shall be as set by the city council. A registration certificate must be renewed within ninety (90) days following expiration of the certificate. After the expiration, an application for a new certificate must be requested and the initial fee paid again. No person may be registered with the city as contractor, journeyman or apprentice unless he possesses a valid and current state license issued by the state and pays the registration fee in such sum as set by the city council by motion or resolution. This certificate is not transferable to any other individual or company.
2. Every person receiving a certificate as a electrical contractor shall file with the city clerk-treasurer a bond in such sum as set by the city council, executed with a surety company authorized to do business in the state. The bond shall be conditioned that the principal will install all electrical wiring, fixtures, appliances, and equipment in accordance with the law and the ordinances and other regulations of the city relating to electrical installations and in a workmanlike manner; that the principal shall, without further cost to the person for whom the work was done, remedy any defective or faulty work caused by poor workmanship or inferior or non-standard material; and that the city may be fully indemnified and held harmless from any and all costs, expenses or damage resulting from the performance of his work as an electrical contractor or apprentice electrician, as the case may be.
3. For the installing of bell, telephone or signal systems not using over twelve (12) volts, no registration or bond will be required. The installation of same must comply with all other requirements of the ordinances of the city.
4. After adequate opportunity for a hearing, the city board may revoke the certificate of an electrical contractor an apprentice electrician, or a journeyman electrician.

SECTION 5-308 ELECTRIC UTILITY COMPANIES NOT TO MAKE CONNECTION TO BUILDING FOR WHICH CERTIFICATES HAVE NOT BEEN ISSUED.

It shall be unlawful for any electric light and power company or any supplier of electricity for light, heat or power to make any electrical connection to any building for electric wiring or apparatus until a certificate, stating that the electric work has been approved, or written permit authorizing connection has been issued by the electrical inspector. All firms, corporations or individuals, whether operating under a regular franchise granted by the city or not, shall upon written notice by the electrical inspector, disconnect from any such circuit, including main service wires, branch feeder wires or distribution, as designated by the notice, and shall not reconnect to the installation except upon written notice from the electrical inspector.

SECTION 5-309 DEFECTIVE WORKMANSHIP AND MATERIALS.

Any person, firm or corporation engaged in the business of electrical contracting for the installation of wiring and apparatus for electric light, heat or power in the city who fails to correct promptly any defects in any work done by him contrary to this code, after having been notified by the electrical inspector, shall not be issued any further permits until such defects have been corrected; and in any case, in which any person shall continue to or persistently violate the code of the city in regard to electrical work, or the orders of the electrical inspector in relation to same, the registration and permit of such person shall be suspended or revoked.

SECTION 5-310 INSPECTION NO RELIEF FROM RESPONSIBILITY.

This code shall not be construed to relieve or lessen the responsibility of any person, partnership or corporation owning or operating or installing electric wire, appliances, apparatus, construction or equipment for the damage to property or persons injured by any defect therein. Nor shall the city or any agent thereof, be deemed to assume such liability by reasons of the inspection authorized herein or the certificate of inspection issued by the electrical inspector.

CHAPTER 4

LIQUEFIED PETROLEUM GAS

SECTION 5-401 CODE ADOPTED

It is unlawful for any person, firm or corporation to manufacture, fabricate, assemble, install, or repair any system, container, apparatus, or appliance to be used for the transportation, storage, dispensing, or utilization of liquefied petroleum gas, or to transport, handle, or store such gas, unless such person has complied with and complies with all provisions of the law and ordinances relating thereto, and has any license or permit which may be required by state law. The pamphlet, Storage and Handling of Liquefied Petroleum Gases, as contained In Pamphlet No. 58 issued by the National Fire Protection Association, the latest edition thereof, adopted by the Oklahoma Liquefied Petroleum Gas Board, shall have full force and effect within this city. Any violation of these rules and regulations shall be deemed a violation of the ordinances of the city and shall be punished accordingly.

State Law References State rules, LPG, 52 O.S. Sections 420.1 et seq.

CHAPTER 5

GAS PIPING CODE

SECTION 5-501 PAMPHLET ADOPTED

Pamphlet No. 54 published by the National Fire Protection Association, entitled National Fuel Gas Code, the latest edition thereof, hereby adopted and incorporated in this code by reference. The pamphlet shall be in full force and effect in the city and shall govern the installation of gas piping and gas appliances in the city. Any violation of the provisions of the pamphlet shall be deemed a violation of the ordinances of the city.

CHAPTER 6

MECHANICAL CODE

SECTION 5-601 ADOPTION OF MECHANICAL CODE.

There is hereby adopted by reference the ICC International Mechanical Code, the latest edition thereof, issued by the International Code Council, Inc., as the mechanical code for the city. The mechanical code shall be fully applicable and enforceable in governing mechanical work in the city, save and except such portions as are hereinafter deleted, modified or amended, as fully as if set out at length herein. If any provision of the ordinances of the city are in conflict with the provisions of the mechanical code, except as provided in this chapter, the provisions of the mechanical code shall prevail.

CHAPTER 7

HOUSING CODE

SECTION 5-701 ADOPTION OF HOUSING CODE.

There is hereby adopted by reference the ICC International Residential Code, the latest edition thereof, issued by the International Code Council, Inc, as minimum housing code for the city. The housing code shall be fully applicable and enforceable in governing housing in the city, save and except such portions as are hereinafter deleted, modified or amended, as fully as if set out at length herein. If any provision of the ordinances of the city are found to be in conflict with this provisions of the housing code, except as provided in this chapter, the provisions of the dwelling code shall prevail.

CHAPTER 8

DRILLING, USE OR OPERATION OF WATER WELLS

SECTION 5-801 PURPOSE

The general purpose of this chapter is to protect the underground water supply of the city, and to protect the public health and safety and property rights of the city and its inhabitants, particularly with reference to the drilling, use, and operation of water wells by private individuals or corporations within the city limits.

SECTION 5-802 DRILLING OF WATER WELLS PROHIBITED.

All persons, firms and corporations (except the city), are hereby expressly prohibited from drilling wells for the production of fresh water within the city limits of the city.

SECTION 5-803 PRIVATE LINES; SERVICE OUTSIDE CITY LIMITS.

1. After the effective date of this ordinance, no private water lines shall be allowed in the city. When an approved water supply is not available within one-quarter mile (1,320 feet), a residence may be served by individual water wells. Individual water wells must meet federal and state drinking water standards. The right for any individual to use individual water wells will require an agreement between the individual and the city that, when a water supply does become available, the individual will connect to the city water supply and will also furnish, as needed, fire hydrants to meet city standards.
2. Water service to customers outside the city limits shall only be allowed by approval of the Board of the Maud Municipal Authority and the signing of a contract with the Authority for water service.

State Law reference— Municipal utilities outside corporate limits, 11 O.S. §§ 35-101, 37-120. Ordinance 2016-03 December 19, 2016

SECTION 5-804 INDIVIDUAL WATER WELLS

1. No person shall drill or enlarge any water well, or subsequently use the water from such well, except upon:
1. Application for a permit for such activity or usage from the Maud Municipal Authority.
2. Payment of a $100.00 permit fee, and
3. Compliance with this Code and the rules and regulations of the Oklahoma Department of Health.
2. Water from such wells shall be used only for domestic purposes on the premises where the well is located, and there shall be no interconnection of any kind between such well and the water supply of the city. Any nondomestic usage existing before passage of this ordinance, may be continued to the same extent and for the same purposes, but such uses shall not be extended or increased.
3. All wells drilled, deepened or completed are subject to the inspection and regulation of the city, and the operation of such wells is subject to the inspection and regulation of the city, so as to prevent pollution and/or damage to those water producing sands.
4. No well may be drilled on an existing easement or right-of-way.
5. All drilling mud must be removed manually and under no circumstances may the drilling mud escape the property.
6. Should the city subsequently furnish water service to users of private water wells drawing water for household and/or commercial purposes, those persons owning such wells shall within 60 days connect to the public water supply. In such event, well water may continue being used for irrigation purposes, swimming pools, and other exterior purposes.

Ordinance 2016-03 December 19, 2016

CHAPTER 9

DILAPIDATED BUILDINGS

SECTION 5-901 DEFINITION.

As used in this chapter, the following terms shall have the following meanings respectively ascribed to it in this section unless the context clearly requires otherwise:

1. "Dilapidated building" means:
1. 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 the structure is a hazard to the health, safety, or welfare of the general public,
2. a structure which 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 which is determined by the City Council or administrative officer of the city to be an unsecured building, as defined by 11 O.S., Section 22-112.1, more than three times within any twelve-month period,
4. a structure which has been boarded and secured, as defined by 11 O.S. Section 22-112.1, for more than eighteen (18) consecutive months, or
5. a structure declared by the City Council to constitute a public nuisance; and
2. "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer of the county in which the property is located.

SECTION 5-902 CONDEMNATION OF DILAPIDATED BUILDINGS; NOTICE, REMOVAL AND LIEN;

1. The City Council may cause dilapidated buildings within the city limits to be torn down and removed in accordance with the following procedures:
1. At least ten (10) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the governing body holds a hearing. A copy of the notice shall be posted on the property to be affected. In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer of the county in which the property is located. 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. At the time of mailing of notice to any property owner or mortgage holder, the City Clerk shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication as defined in O.S. 11, Section 1-102. The notice may be published once not less than ten (10) days prior to any hearing or action by the city pursuant to the provisions of this section;
2. A hearing shall be held by the City Council to determine if the property is dilapidated and has become detrimental to the health, safety, or welfare of the general public and the community, or if the property creates a fire hazard which is dangerous to other property;
3. Pursuant to 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 City Council may cause the dilapidated building to be torn down and removed. The City Council shall fix reasonable dates for the commencement and completion of the work. The City Clerk shall immediately file a notice of dilapidation and lien with the county clerk describing the property, the findings of the City at the hearing, and stating that the city claims a lien on the property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice. 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 City Council. Any action to challenge the order of the City Council shall be filed within thirty (30) business days from the date of the order;
4. The City Council shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing. The City Clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail to the property owner. In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in paragraph 1 of this subsection. At the time of mailing of the statement of costs to any property owner or mortgage holder, the City Clerk shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. If the City dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the ctual cost of the labor, maintenance, and equipment required for the dismantling and removal of the dilapidated buildings. If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder; and
5. When payment is made to the City for costs incurred, the City Clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six (6) months from the date of the mailing of the statement to the owner of such property, the City Clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located. Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the county clerk. In addition the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the cost is fully paid. At the time of collection, the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property. The fee shall be deposited to the credit of the general fund of the county. If the county treasurer and the city agree that the county treasurer is unable to collect the assessment, the City may pursue a civil remedy for collection of the amount owing and interest thereon including an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, the City Clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.
2. The Mayor or his designee is hereby authorized to carry out the hearing in subsection (A)(2) of this section. The property owner shall have a right of appeal to the City Council from any order of the Mayor or his designee. Such appeal shall be taken by filing written notice of appeal with the City Clerk-Treasurer within thirty (30) days after the administrative order is rendered.
3. Any City employee assigned to enforce the provisions of this section shall complete certification training specifically applicable to such section as adopted and administered by the Oklahoma Code Enforcement Association, an internationally recognized model code organization, career technical education program, or an institution of higher education. The certification training shall be completed within one (1) year of employment or assignment for such enforcement.
4. Nothing in the provisions of this section shall prevent the city from abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the health, safety, or welfare of the general public.
5. The officers, employees or agents of the City shall not be liable for any damages or loss of property due to the removal of dilapidated buildings performed pursuant to the provisions of this section or as otherwise prescribed by law.
6. The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

SECTION 5-903 CLEANING, BOARDING, AND SECURING OF UNSECURED BUILDINGS

1. After a building has been declared dilapidated, as provided in Section 5-902 of this chapter, and before the commencement of the tearing and removal of a dilapidated building, the City Council may authorize that such a building be boarded and secured. However, if the dilapidated building is vacant and unfit for human occupancy, the City Council may authorize the structure to be demolished pursuant to Section 5-902 of this chapter.
2. The City Council may cause the premises on which an unsecured building is located to be cleaned of trash and weeds in accordance with the provisions of Section 8-103 of this code.
3. The City Council may cause an unsecured building to be boarded and secured in accordance with the following procedures:
1. Before the City Council orders such action, at least ten (10) days' notice that such unsecured building is to be boarded and secured shall be given by mail to any property owners and mortgage holders as provided in Section 5-902(A)(1) of this title. At the time of mailing of notice to any property owner or mortgage holder, the City Clerk shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. A copy of the notice shall also be posted on the property to be affected. However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property or by publication as defined in O.S. 11, Section 1-102. Such notice shall be published one time, not less than ten (10) days prior to any hearing or action by the city pursuant to the provisions of this section. If the City Council anticipates summary abatement of a nuisance in accordance with the provisions of paragraph 9 of this subsection, the notice shall state: that any subsequent need for boarding and securing the building within a six-month period after the initial boarding and securing of the building pursuant to such notice may be summarily boarded and secured by the city; that the costs of such boarding and securing shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner or mortgage holder;
2. The owner of the property may give written consent to the City authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby. By giving written consent, the owner waives any right the owner has to a hearing by the City Council;
3. If the property owner does not give written consent to such actions, a hearing may be held by the City Council to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare. Such hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of such unsecured building held pursuant to the provisions of paragraph 3 of subsection A of Section 8-103 of this title. In making such determination, the governing body shall apply the following standard: The City Council may order the boarding and securing of the unsecured building when the boarding and securing thereof would make such building less available for transient occupation, decrease a fire hazard created by such building, or decrease the hazard that such building would constitute an attractive nuisance to children. Upon making the required determination, the City Council may order the boarding and securing of the unsecured building;
4. After the City Council orders the boarding and securing of such unsecured building, the City Clerk shall immediately file a notice of unsecured building and lien with the county clerk describing the property, stating the findings of the City Council at the hearing at which such building was determined to be unsecured, and stating that the City claims a lien on the property for the costs of boarding and securing such building and that such costs are the personal obligation of the property owner from and after the date of filing the notice;
5. Pursuant to the order of the City Council, the agents of the City are granted the right of entry on the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as a governmental function of the city;
6. After an unsecured building has been boarded and secured, the City Council shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith including the cost of the notice and mailing. The City Clerk shall forward a statement of the actual costs attributable to the boarding and securing of the unsecured building and a demand for payment of such costs, by mail to any property owners and mortgage holders as provided in Section 5-902 of this title. At the time of mailing of the statement of costs to any property owner or mortgage holder, the City Clerk shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. If the City boards and secures any unsecured building, the cost to the property owner shall not exceed the actual cost of the labor, materials and equipment required for the performance of such actions. If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder;
7. When payment is made to the City for costs incurred, the City Clerk shall file a release of lien, but if payment attributable to the actual costs of the boarding and securing of the unsecured building is not made within thirty (30) days from the date of the mailing of the statement to the owner of such property, the City Clerk shall forward a certified statement of the amount of the costs to the county treasurer of the county in which the property is located. Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. At the time of collection the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property and such fee shall be deposited to the general fund of the county. The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law. Until fully paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the notice of unsecured building and lien is filed with the county clerk. In addition the costs and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk. The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property. The lien shall continue until the costs and interest are fully paid. If the county treasurer and the city agree that the county treasurer is unable to collect the assessment, the city may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest if severed from the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, the City Clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien;
8. The City may designate by ordinance an administrative officer or administrative body to carry out the duties of the City Council specified in subsection C of this section. The property owner or mortgage holder shall have a right of appeal to the City Council from any order of the administrative officer or administrative body. Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten (10) days after the administrative order is rendered;
9. If the City Council causes a structure within the city limits to be boarded and secured, any subsequent need for boarding and securing within a six- month period constitutes a public nuisance and may be summarily boarded and secured without further prior notice to the property owner or mortgage holder. At the time of each such summary boarding and securing, the city shall notify the property owner and mortgage holder of the boarding and securing and the costs thereof. The notice shall state that the property owner may request an appeal with the City Clerk within ten (10) days after the mailing of the notice. The notice and hearing shall be as provided for in paragraph 1 of this subsection. Unless otherwise determined at the hearing the cost of such boarding and securing shall be determined and collected as provided for in paragraphs 6 and 7 of this subsection;
10. The City Council may determine that a building is unsecured and order that such building be boarded and secured in the manner provided for in this subsection even though such building has not been declared, by the governing body, to be dilapidated; and
11. For the purposes of this subsection:
1. "boarding and securing" or "boarded and secured" means the closing, boarding or locking of any or all exterior openings so as to prevent entry into the structure,
2. "unsecured building" shall mean any structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the structure, and
3. "unfit for human occupancy" means a structure that due to lack of necessary repairs is considered uninhabitable and is a hazard to the health, safety, and welfare of the general public.
4. The Mayor or his designee is hereby authorized to carry out the hearing in subsection (C)(3) of this section. The property owner shall have a right of appeal to the City Council from any order of the Mayor or his designee. Such appeal shall be taken by filing written notice of appeal with the City Clerk-Treasurer within ten (10) days after the administrative order is rendered.
5. Any City employee assigned to enforce the provisions of this section shall complete certification training specifically applicable to such section as adopted and administered by the Oklahoma Code Enforcement Association, an internationally recognized model code organization, career technical education program, or an institution of higher education. The certification training shall be completed within one (1) year of employment or assignment for such enforcement.
6. The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

Ordinance 2017-02, January 17, 2017

CHAPTER 10

OIL AND GAS DRILLING REGULATIONS

ARTICLE A

OIL, GAS, SALTWATER AND DISPOSAL WELLS

ARTICLE B

ENCHANCED RECOVERY AND SALTWATER OR DELETERIOUS SUBSTANCES DISPOSAL WELLS

ARTICLE A

OIL, GAS, SALTWATER AND DISPOSAL WELLS

SECTION 5-1001 PERMIT REQUIREMENT.

It is an offense for any person, partnership, association or corporation to drill, operate, maintain or abandon any oil, gas, saltwater or disposal well within the city limits or to work upon or assist in any way In such work, unless a permit for such work is authorized by the city council.

SECTION 5-1002 APPLICATION FOR PERMIT.

A permit shall be issued only to the owners of the oil, gas, saltwater, and disposal leasehold interests and every applicant for such permit shall, at least thirty (30) days prior to the proposed commencement of such work, file a written application addressed to the city council for such permit and such written application shall contain the following information;

1. The name and address of each owner of an interest in the leases under which such well is to be drilled or work is to be done;
2. The name and address of the person or firm in charge of the operation and maintenance of such well;
3. The name and address of the person or firm in charge of the work to be done under such permit. So application can be reviewed during regular scheduled council meetings. Additional meetings beyond the scope of an emergency and for the convenience of the applicant will require added compensation to be determined by the convening council;
4. The exact location of such proposed well;
5. If such proposed well is to be drilled and operated under a written pooling agreement of several leasehold estates, such area to be pooled shall be set forth and described;
6. The owners of one hundred percent (100%) of the surface area, exclusive of streets and alleys, within three hundred fifty (350) feet of the well head of the proposed well site have consented in writing to the drilling of such well at such location or the reason such consent has not been obtained. The mere execution of an oil and gas lease shall not be accepted as compliance with this requirement, unless such lease describes specifically the location of the proposed well and consents to such location; and
7. The owners of the leasehold interest and persons in charge of the drilling, operations, maintenance, and work of such proposed well are familiar with the ordinances of the city and will abide by the provisions thereof. The applicant will be held accountable and fined accordingly per Section 5-1022 for all violations of the section by all contractors or any authorized agent associated with their operation.

SECTION 5-1003 APPLICATION EXHIBITS ATTACHED.

An applicant shall attach to his application exhibits reflecting the following;

1. Exhibit "A"; Certificate or drilling opinion of an attorney at law authorized to practice law in the State of Oklahoma, reflecting the names of the owners of interest in the real estate situated within three hundred (300) feet of such proposed well site;
2. Exhibit "B"; A plat with detailed, scaled dimensions of the proposed well location, lot and property lines within three hundred (300) feet of such well site, with notation or reference thereon to the surface owner of all such property as reflected by Exhibit "A"; and
3. Exhibit "C"; A dimensional drawing of the proposed well site reflecting proposed well location of drilling rig, motors, tanks and other principal equipment to be used in the drilling, maintenance and operation and other work of such well with reference being made to property lines and structures (nature of structures being noted) located within one hundred (100) feet of such well site.

SECTION 5-1004 BOND REQUIREMENT.

1. Every applicant at the time of filing his application shall also submit a cash bond in favor of the city in the amount of Twenty-five Thousand Dollars ($25,000.00);
1. Pay the city and discharge any liability imposed by law upon it, on account of injury to property, private or public, or person, including death, received or suffered by the city or any other person or firm resulting directly or indirectly and however remote from the drilling, operation, maintenance, abandonment or any other work relating to such well;
2. Defend the city and hold it free and harmless of all judgments, fees and expenses incident thereto from all claims and causes of action arising out of the granting of such permit and the drilling, operation, maintenance and abandonment of such well;
3. Pay to any resident or property owner of such city any increase in insurance premium occasioned by the drilling, maintaining, operating or abandoning of such well; or
4. Pay all fees and sums due to the city hereunder and comply and abide by the ordinances of the city and laws of the state, and should applicant fail to do so, to pay all costs and expenses incident for a determination by test or otherwise, whether such failure to comply with such ordinances and laws resulted in any damage to the city or others, and if so, pay the expenses and costs of correcting such condition created by such failure and all damages resulting therefrom.
2. The city council may increase or reduce the amount of such bond required at or after the issuance of such permit.
3. In the case any bond required herein shall lapse or become void for any reason whatsoever, the permit issued under this section of the code shall immediately become inoperative and void until a new bond shall be provided and filed with the city clerk-treasurer or the existing bond reinstated in full force, and such well shall be shut down and all operations and production thereof suspended and discontinued until the filing of such new bond or reinstatement of such existing bond.

SECTION 5-1005 INSURANCE POLICY REQUIREMENT.

Each applicant shall also submit with his written application a copy of policy of insurance in the amount of at least Five Hundred Thousand Dollars ($500,000.00) insuring the applicant and the city against all claims or causes of action made against either or both applicant and city for damages to person or property arising out of the drilling, maintenance, operation, production and other work done with respect to such proposed oil, gas, saltwater, and disposal well.

SECTION 5-1006 NOTICE OF APPLICATION TO BE PUBLISHED.

Upon filing of such application, bond and insurance policy, the city council shall cause notice of such application to be mailed to the owners of one hundred percent (100%) of the surface area, exclusive of streets and alleys, within three hundred (300) feet of the well head of the proposed location of such well and to be published in two (2) consecutive issues of a weekly or daily newspaper printed and having a general circulation within the city and which notice shall state the name of the applicant, the proposed location of such well, and the date and place of the hearing of the council at the next regular scheduled meeting, at which time and place such application shall be considered. The hearing on the application shall be at least ten (10) days after the publication of such notice. Upon hearing such application, the city council may authorize the city clerk-treasurer to issue the permit for the drilling, operation and maintenance of such well. No application shall be approved by the city council unless consent to such location of such well be given in writing by the owners of one hundred percent (100%) of the surface area within three hundred (300) feet of well head of such proposed well site or unless the city council determines that the drilling of such well will not constitute a threat or hazard to the public health, welfare, and safety of the city.

SECTION 5-1007 POWER AND AUTHORITY FOR APPLICATION REFUSAL.

The city council shall have the power and reserves the authority to refuse any application for a permit where, by reason of the location of the proposed well and the character and value of the permanent improvements in its vicinity, and the use to which the land and surroundings are adapted for civic or other purposes, or for other reasons the council considers such proposed well might constitute a hazard to the public health, welfare, and safety. When a permit shall have been issued, the same shall terminate and become inoperative without any action on the part of the city council unless within sixty (60) days from the date of issue, actual drilling of a well shall have commenced, the cessation for a like period of drilling operations or the cessation of production of oil or gas from the well after production shall have commenced, shall operate to terminate and cancel the permit and the well shall be considered as abandoned for all purposes of this article of the code. It shall be unlawful thereafter to continue the operation of drilling of such well without the issuance of another permit.

SECTION 5-1008 PERMIT FEE.

1. Every applicant shall submit a Five Hundred Dollar ($500.00) permit fee in a cashier check or money order payable to the city for administrative cost and in addition, shall make a Five Thousand Dollar ($5,000.00) permit fee deposit with the city clerk-treasurer, which is to be held in a special drilling permit fee account and earmarked for each specific permit application. Out of this Five Thousand Dollar ($5,000.00) deposit will be paid all the direct fees and costs incurred by the city in administering, regulating and enforcing this section as to that specific well for which the permit was issued. If the costs to the city for administering, regulating, and enforcing this chapter exceed Five Thousand Dollars ($5,000.00) because of litigation over the non-payment of the Five Thousand Dollars ($5,000.00) permit fee, then the applicant or permittee must pay into the permit fee account an amount equal to the amount by which the costs exceed Five Thousand Dollars ($5,000.00), this is to ensure proper completion, plugging and repairing city surface damage.
2. All fees and costs including, but not limited to administration, engineering, technical, accounting and legal will be directly billed or debited to the account of each specific permitted well and at the end of one year from the date of the permit or plugging of the well site. The remaining balance of the account shall be returned to permittee.
3. Upon permittee request, the permit fee accounts shall be open for audit at any reasonable time during the city's business hours.
4. Permittee shall be sent a copy of all invoices or statements or directly billed administration, regulation or legal costs by whomever such work is performed or completed simultaneously with billing the city by claim. All invoices or statements shall be itemized on a time basis, if billing is done on a time basis. All bills for engineering services shall be done on a time basis.
5. Any earned interest on returned deposits shall be paid to permittee.

SECTION 5-1009 PROTEST PROCEDURE.

1. If the permittee objects to the reasonableness of any or all items in billing or claim, the permittee may protest to the city council prior to approval of same at the first regular meeting after the billing. The bill so protested will be held for approval until the next regularly scheduled city meeting.
2. During the period of delay, the permittee may submit the issue of whether the amount or any amount of the bill or claim is reasonable to arbitration with the permittee to pay the arbitrator's fee in all cases. The parties to such arbitration will be the permittee and the person or organization presenting the bill or claim.
3. The arbitrator's decision shall be presented at the next regular city council meeting, for the council's consideration as to whether or not the billing or claims or any amount thereof is reasonable or any amount thereof should be approved. Only the arbitrator's decision will be considered by the council at this city council meeting.
4. If the council's decision is contrary to that of the arbitrator, then the decision may be appealed in the same manner as set forth in Section 44-109 et seq. of Title 11 of the Oklahoma Statutes. Such a decision by the council will be considered as an adverse decision by the board of adjustment for purposes of Section 44-109 of Title 11 of the Oklahoma Statutes.
5. If the parties to arbitration cannot agree on an arbitrator, the method of appointment set forth in Section 804 of Title 15 of the Oklahoma Statutes shall be used.
6. The uniform Arbitration Act as enacted in the state, Section 801-918 (1981) of Title 15 of the Oklahoma Statutes, shall be applicable to protest procedure portion of this agreement so far as the Act is consistent with the protest procedures of this agreement.

SECTION 5-1010 ANNUAL RENEWAL DEPOSIT FEE

Every applicant granted a permit as herein provided, in addition to the permit fee required above, shall pay to the city an annual renewal deposit fee as set by council, payable thirty (30) days before each anniversary date of the original permit and the deposit fee shall be subject to the same terms and conditions of the original deposit fee.

SECTION 5-1011 CONDITIONS ALLOWING ORDER TO CEASE OPERATIONS.

Every permit granted by the city shall be conditioned that whenever, in the judgment of the city council, the public health, welfare, and safety is endangered or threatened by reason of the drilling, operation, maintenance or abandonment of such well, the council may direct the owners and operators to such well to cease and desist in the further work relating to such well and made any further order as such council may deem proper and requisite in the premises in order to remove or avoid such threat or hazard to the public health, safety, and welfare whether or not occasioned by such operator and owners.

SECTION 5-1012 SURFACE PIPE INSPECTION.

1. Such well shall be cased and casing cemented from the top of such well hole to the depth of one thousand (1,000) feet. Such casing commonly referred to as surface pipe shall be set and cemented as aforesaid prior to drilling such well beyond the depth of such surface pipe.
2. The permittee shall notify the city council, at least twenty-four (24) hours prior to running the pipe for such work, for the purpose of permitting the city council or other authorized representative of the city to inspect such pipe on the location, and at least two (2) hours and not more than three (3) hours before commencing procedure to cement such pipe, the city council shall be notified thereof in order that a representative of the city may observe such procedure. No pipe shall be used unless approved by the city council or other authorized representative of the city and the cementing of such pipe shall be done in the presence of such representative and approval by him.

SECTION 5-1013 ELECTRIC MOTORS TO BE USED AS PUMPING UNITS.

Electric power motors only shall be used for pumping units.

SECTION 5-1014 PERMITTEE LIABLE FOR DAMAGE TO PUBLIC PROPERTY.

Any damage to paving, sidewalks, streets, alleys, curbing parking, sewers or other public property arising out of any work relating to such well shall be repaired immediately by the holder of the permit for such well, and such repairs shall be made in accordance with requirements of the city council or city engineer and under his supervision.

SECTION 5-1015 ESCAPE OF NOXIOUS FUMES, ETC., PROHIBITED.

No noxious fumes, gases, oil or any substance of any nature shall be permitted to escape from the location of such well.

SECTION 5-1016 SPECIAL PERMIT REQUIRED FOR ALL WORK ON PUBLIC LAND.

No pipelines, equipment, appliance or any structure shall be laid, constructed, erected, maintained, or permitted to remain in, or under any street, alley or public way unless a permit to do so first be obtained from the council. Written application shall be made for such permit setting forth the nature of the work proposed to be done and also applicant shall submit a plat or sketch drawing reflecting location of improvement. All such lines shall on city streets or alleys be buried to a minimum depth of thirty (30) inches below normal surface of the ground, the depth to be measured from top of pipe and to be approved by the city council or representative. All work involving the laying, constructing and maintaining of pipelines in any street or alley or public way shall be performed according to the provisions of American Petroleum Institute, Bulletin No. 1105, First Edition, March, 1955.

SECTION 5-1017 FENCE REQUIRED.

All pumps, tanks and equipment used in the operation of a completed well shall be enclosed on all sides by chain-link fence six (6) feet high with steel posts with four (4) strands of barbed wire above such fence. During drilling operations a watchman shall be maintained on the premises at all times who shall be charged with the responsibility of protecting the general public from any hazard resulting from the conduct of such drilling operations, if such watchman not be employed, then the entire well location shall be fenced as in the operation of a completed well.

SECTION 5-1018 REPORTS TO CITY.

The permittee, upon request and within fifteen (15) days thereof, shall furnish the city copies of any and all reports to governmental agencies and other instruments, reports, papers or information desired relating to such well for which permit has been granted. A bond log report of the surface pipe shall be provided to the city for record. A report of all deficiencies noted by anyone shall also be required for record and include the problems noted and corrective action taken.

SECTION 5-1019 DIKES FOR PRODUCTION TANKS.

All production tanks shall be surrounded by earthen dikes of sufficient height so as to contain a capability of fluid equal to one hundred fifty percent (150%) of the capacity of such tanks.

SECTION 5-1020 CANCELLATION OF PERMIT.

In the event permittee should violate or fail to comply with any of the provisions of this chapter or the order and direction of an authorized representative of the city acting pursuant to the authority granted herein, the city council may cancel the permit or permits theretofore granted by city to such permittee and the permittee shall cease and desist in any work relating to any well, the permit for which had been cancelled.

SECTION 5-1021 RESERVE PITS.

No earthen pits will be allowed. Reserve pits shall be working steel pits, (Frac Tanks) with haul off.

SECTION 5-1022 PENALTY FOR VIOLATION OF CHAPTER.

It is an offense for any person, firm, association or corporation to violate, or fail to comply with, any of the provisions of this chapter and upon conviction thereof, such person, firm, association or corporation shall be fined as provided in Section 1-108 of this code and all succeeding violations will be considered as new violations and fined as provided in Section 1- 108 of this code for each occurrence.

ARTICLE B

ENHANCED RECOVERY AND SALTWATER OR DELETERIOUS SUBSTANCES DISPOSAL WELLS

SECTION 5-1030 PERMIT REQUIREMENT.

No person shall re-enter any well or drill a well for the disposal of saltwater or other deleterious substances without first obtaining the necessary permit therefor.

SECTION 5-1031 APPLICATION FOR PERMIT AND CONTENTS THEREOF.

An application for the permit to drill or re-enter a well for enhanced recovery or substance disposal shall be in the same form as that required for a permit to drill an original well as set out in Article A of this chapter, and shall contain complete information required by the city council or city engineer.

SECTION 5-1032 LOCATION ACCESS.

A specified route of entry to the location will be determined by the council so that the least amount of damage to city streets, sewer and water line will occur. The applicant will be held responsible to inform all contractors directly or indirectly associated with their operation. Violators will be fined as provided in Section 1-108 of this code for first offense and fined as provided in Section 1-108 of this code for each occurrence thereafter.

SECTION 5-1033 DRAINAGE PROBLEMS.

The applicant shall not restrict or block the existing drainage. At the beginning of any site preparation a twenty (20) inch diameter by twenty-four (24) feet steel tinhorn will be in place. Secondary drainage problems relating to excess mud or any obstruction related to the applicant's operation will be cleared within three (3) working days. Thereafter, the city will clear and bill the applicant's escrow account.

SECTION 5-1034 DRYHOLE/PLUGGING OPERATION.

When a nonproductive well or dryhole has been determined the plugging operation will begin as soon as reasonably feasible. The city reserves the option to develop a water well. Case plugging with required cementing shall be two hundred (200) feet beyond the surface casing and two hundred (200) feet into existing casing.

SECTION 5-1035 REGULATING CONSULTANTS.

The city retains the right to employ disinterested engineers for inspection, interpretation and enforcement of this chapter or applicant's operation. This is in lieu of any assistance of the Oklahoma Corporation Commission. A reasonable fee for services will be deducted from the escrow account.

CHAPTER 11

PROCEDURES AND PENALTIES

SECTION 5-1101 INJUNCTIONS.

The city attorney, upon discovery of any violations of the provisions of this part, may immediately seek injunctive relief against those persons violating provisions of this part, and to bring civil action against such persons for damages and expenses resulting from any violations of provisions of this part.

SECTION 5-1102 APPEALS, EXCEPTIONS.

Any person feeling aggrieved by any action taken by the city clerk-treasurer in connection with the provisions of this part, or other related ordinances, may appeal the decision of the city clerk-treasurer. Such appeal shall be in writing and must be taken within ten (10) days from the date of the action complained of, and the appeal shall be lodged with the city council. Upon the filing of an appeal under this chapter, the city council shall assemble as soon as is convenient thereafter for the purpose of conducting a hearing on the appeal. The city council may, only in cases of extreme hardship, grant exceptions to this title. The decision of the city council upon all questions of fact shall be final.

SECTION 5-1103 PENALTY.

Any person, firm or corporation who shall engage in any business, trade or vocation for which a license, permit, certificate or registration is required by this part, without having a valid license, permit, certificate, or certificate of registration as required, or who shall fail to do anything required by this part or by any code adopted by this part, or who shall otherwise violate any provision of the chapters in this part or of any code adopted by this part, or who shall violate any lawful regulation or order made by any of the officers provided for in this part, shall be guilty of an offense, and upon conviction thereof, shall be punished as provided in Section 1-108 of this code.

SECTION 5-1104 RELIEF IN COURTS.

No penalty imposed by and pursuant to this part shall interfere with the right of the city also to apply to the proper courts of the state for a mandamus, an injunction or other appropriate action against such person, firm or corporation.