Group,

Have a "dumb question" but I anticipate a long drawn out issue on this so I want to get it right from the start.

In short, Mobile home ordinance does not have any fine attached to it. So, if there is non-compliance, my town's only recourse, as I see it, is to begin procedures to have the mobile home removed via injunction suit???

Any suggestions are appreciated.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttp://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Larry,

What is the issue? Location in an unpermitted zoning district?  Improper connection of the mobile home?

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Larry Vickers larry@lvickerslaw.com
Sent: Wednesday, March 16, 2022 10:35 AM
To: OAMA@lists.imla.org
Subject: [Oama] No Fine in Ordinance

Group,

Have a "dumb question" but I anticipate a long drawn out issue on this so I want to get it right from the start.

In short, Mobile home ordinance does not have any fine attached to it. So, if there is non-compliance, my town's only recourse, as I see it, is to begin procedures to have the mobile home removed via injunction suit???

Any suggestions are appreciated.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttps://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=4b559a8bd178470f9c39e3459d0344c5

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Most sets of ordinances that I've seen have a catch-all ordinance that assigns a penalty for any ordinance that doesn't have a specific penalty.  Sure you don't have one of those?
D. Michael Haggerty, IIHaggerty Law Office, PLLC 716 W. Evergreen St. Durant, Oklahoma 74701 (580) 920-9060dmhaggerty2@sbcglobal.net

On Wednesday, March 16, 2022, 10:34:58 AM CDT, Larry Vickers <larry@lvickerslaw.com> wrote:  

Group,

Have a "dumb question" but I anticipate a long drawn out issue on this so I want to get it right from the start.

In short, Mobile home ordinance does not have any fine attached to it. So, if there is non-compliance, my town's only recourse, as I see it, is to begin procedures to have the mobile home removed via injunction suit???

Any suggestions are appreciated. 

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401               

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

--
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Mr. Haggerty:

this town is small and recently incurred a natural disaster that devastated the ordinance collection (yes it was still all on paper and we are working to amend that). But yes I am still looking for that ordinance.

Mr. Miller:

It is in violation of improper connections.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttp://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

From: Michael Haggerty dmhaggerty2@sbcglobal.net
Sent: Wednesday, March 16, 2022 10:39:08 AM
To: OAMA@lists.imla.org; Larry Vickers
Subject: Re: [Oama] No Fine in Ordinance

Most sets of ordinances that I've seen have a catch-all ordinance that assigns a penalty for any ordinance that doesn't have a specific penalty.  Sure you don't have one of those?

D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
dmhaggerty2@sbcglobal.net

On Wednesday, March 16, 2022, 10:34:58 AM CDT, Larry Vickers larry@lvickerslaw.com wrote:

Group,

Have a "dumb question" but I anticipate a long drawn out issue on this so I want to get it right from the start.

In short, Mobile home ordinance does not have any fine attached to it. So, if there is non-compliance, my town's only recourse, as I see it, is to begin procedures to have the mobile home removed via injunction suit???

Any suggestions are appreciated.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttp://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

--
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Larry,

Please call me Jon

If the mobile home is improperly connected, and your town has adopted the international codes, those codes generally have provisions for penalties.  Often those penalty provisions are modified at the time the code is adopted to refer to the municipality's general code violation ordinance.  (Your clerk may have filed a copy of the town's ordinances with the county clerk or local law library.)  You might check those provisions.

If the connection poses a fire threat, the State Fire Marshall could likely be of help to issue an order to require disconnection and help with enforcement.

If the connection poses a health threat, and your town has an ordinance defining what constitutes a nuisance (most will include health threats), then the nuisance remedy provisions may be available.  I would expect that would require a hearing before your governing board, unless your town has implemented an administrative process with an appeal to the governing board.

Absent a general ordinance defining what constitutes a violation that will support issuing a citation for each violation (typically, each day could be a separate violation), then your town may be relegated to seeking relief in court.

Good luck.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Larry Vickers larry@lvickerslaw.com
Sent: Wednesday, March 16, 2022 10:42 AM
To: Michael Haggerty dmhaggerty2@sbcglobal.net; OAMA@lists.imla.org
Subject: [Oama] Re: No Fine in Ordinance

Mr. Haggerty:

this town is small and recently incurred a natural disaster that devastated the ordinance collection (yes it was still all on paper and we are working to amend that). But yes I am still looking for that ordinance.

Mr. Miller:

It is in violation of improper connections.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttps://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=ad11bcfe321f466f9573d37ffb921e05

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

From: Michael Haggerty <dmhaggerty2@sbcglobal.netmailto:dmhaggerty2@sbcglobal.net>
Sent: Wednesday, March 16, 2022 10:39:08 AM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org; Larry Vickers
Subject: Re: [Oama] No Fine in Ordinance

Most sets of ordinances that I've seen have a catch-all ordinance that assigns a penalty for any ordinance that doesn't have a specific penalty.  Sure you don't have one of those?

D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
dmhaggerty2@sbcglobal.netmailto:dmhaggerty2@sbcglobal.net

On Wednesday, March 16, 2022, 10:34:58 AM CDT, Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com> wrote:

Group,

Have a "dumb question" but I anticipate a long drawn out issue on this so I want to get it right from the start.

In short, Mobile home ordinance does not have any fine attached to it. So, if there is non-compliance, my town's only recourse, as I see it, is to begin procedures to have the mobile home removed via injunction suit???

Any suggestions are appreciated.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttps://us-west-2.protection.sophos.com?d=lvickerslaw.com&u=aHR0cDovL3d3dy5sdmlja2Vyc2xhdy5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=c3ZzY2pFdndvNVhjenRMYjJyUnFLREZUQnJ6SitNK25HYTBiMHoxb2Jkdz0=&h=ad11bcfe321f466f9573d37ffb921e05

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

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I agree that, absent a catch-all penalty, your only option is an injunction.  You might check for any other statutory options in planning and zoning, plumbing, DEQ, etc. (I can't think of one).

One of my towns had a problem with incomplete Ordinances.  You might check with the County Clerk.  They are supposed to be filed there, too.  If you have a publisher, they may have the last set published.

Good Luck!

Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.

From: Larry Vickers larry@lvickerslaw.com
Sent: Wednesday, March 16, 2022 10:42 AM
To: Michael Haggerty dmhaggerty2@sbcglobal.net; OAMA@lists.imla.org
Subject: [Oama] Re: No Fine in Ordinance

Mr. Haggerty:

this town is small and recently incurred a natural disaster that devastated the ordinance collection (yes it was still all on paper and we are working to amend that). But yes I am still looking for that ordinance.

Mr. Miller:

It is in violation of improper connections.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.lvickerslaw.com%252f%26c%3DE%2C1%2CQTb96j-AEvOKeMS1ae_v04bd6toWCF7TijTiTPZDObkey9iirFrej4CziUvgEFDOZDUCFHupg8efyuiKcgFEbkMHABZwBdn5bWlrc8TsadY9%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7C2c78b7da75ea41ec1d4508da0763a003%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C0%7C637830421727786210%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=O%2FIg5dJyWQqakUyVfb3ete8v9CFDn%2F%2BU%2FpuAotG86gs%3D&reserved=0

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

From: Michael Haggerty <dmhaggerty2@sbcglobal.netmailto:dmhaggerty2@sbcglobal.net>
Sent: Wednesday, March 16, 2022 10:39:08 AM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org; Larry Vickers
Subject: Re: [Oama] No Fine in Ordinance

Most sets of ordinances that I've seen have a catch-all ordinance that assigns a penalty for any ordinance that doesn't have a specific penalty.  Sure you don't have one of those?

D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
dmhaggerty2@sbcglobal.netmailto:dmhaggerty2@sbcglobal.net

On Wednesday, March 16, 2022, 10:34:58 AM CDT, Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com> wrote:

Group,

Have a "dumb question" but I anticipate a long drawn out issue on this so I want to get it right from the start.

In short, Mobile home ordinance does not have any fine attached to it. So, if there is non-compliance, my town's only recourse, as I see it, is to begin procedures to have the mobile home removed via injunction suit???

Any suggestions are appreciated.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.lvickerslaw.com%252f%26c%3DE%2C1%2C4CcTADILfV_7LBBz4-285GyjbKTI2vuVJEqPjpr4I0qSM7laPSJ0mJZOLkNPlUghjxi1Qmu1GdlpG9m-QHlP33WuZyTbaAQDUDI_kGa18RtDsEw%2C%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7C2c78b7da75ea41ec1d4508da0763a003%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C0%7C637830421727942441%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=nCy90%2B0yRdC%2FLWWn226CJM6K8y3nc%2FLPQ0ui10fNdTM%3D&reserved=0

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