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A person served with a notice of a police or fire civil offense may file a request for a hearing. The request may be delivered in person or mailed to the City. A request for a hearing must be filed within ten (10) days from the date of the notice.
(Ord. 3100. Passed 12-15-09.)
(a) A person who denies the commission of a police or fire civil offense may request a hearing before a hearing examiner. The request shall be filed with Safety Department's Office of Administrative Hearings, which shall set a date for the hearing and notify the person, in writing, of the date, time and location of the hearing. The hearing will be informal, but all testimony shall be under oath.
(b) All hearings shall be scheduled within ten (10) days and will be held at the next regularly scheduled hearing date not less than 10 days after the date scheduled. Any hearing date may be modified if such modification is requested by the person charged and approved by the hearing examiner. The request can be made at the onset of the hearing, or prior to the hearing by submitting a Request for Hearing Continuance to the Safety Department's Office of Administrative Hearings.
(c) The hearing examiner shall enter into the record of the proceedings the notice of the police or fire civil offense and civil fine, the filing of or failure to file an answer, the substance of the answer, a finding of liability, the civil fine due, payments, delinquency and collection charges, and other relevant information.
(d) The hearing examiner shall issue a decision and make findings of fact from the record and conclusions of law in support of the decision at the conclusion of the hearing. The findings and conclusions shall demonstrate that the decision is consistent with applicable laws, ordinances, regulations and the interest of justice. Any unpaid civil fine is due and must be paid within ten (10) days after the date of the hearing examiner's decision.
(Ord. 3100. Passed 12-15-09.)
A person who is personally or constructively served with notice of a police or fire civil offense and civil fine and fails to answer within the time provided by this Chapter, or fails to attend a requested hearing, the person is in default, and the civil fine deemed delinquent. The amount due is as specified by this Chapter for the offense charged.
(Ord. 3100. Passed 12-15-09.)
Whenever an officer charged with the enforcement of the Oxford Codified Ordinances is satisfied that a provision that officer is charged to enforce, or a law in force in the City applicable to the same subject matter, has been violated or is about to be violated, or that an order or direction made in pursuance of the enforcement of this Chapter has not been complied with, or is being disregarded, and whenever that officer is satisfied that civil proceedings are necessary for the enforcement of the Oxford Codified Ordinances or laws, to restrain violations thereof, that officer may apply to the Law Director, who is authorized to institute civil proceedings. Civil proceedings may be brought in the name of the City, and may include, among other things, claims for injunction, mandatory relief, restraining orders, damages, the appointment of a receiver, and such other relief as may be allowed in law or equity. Institution of civil proceedings does not exclude criminal proceedings as authorized by the Oxford Codified Ordinances or charging a person with a civil offense as authorized by this Chapter.
(Ord. 3100. Passed 12-15-09.)
(a) No member of Council, member of the City administration, party to any proceedings before a hearing examiner, or any other person shall interfere with, attempt to interfere with, or improperly influence or attempt to improperly influence a hearing examiner in the performance of the duties of office.
(b) An examiner may not conduct or participate in any hearing or decision in which the examiner or any of the following persons has a direct or substantial financial interest: a spouse, brother, sister, child, parent, or in-law of the examiner, or business firm or organization in which the examiner has a substantial interest. The examiner shall promptly report to the City Manager any attempt at interference or improper influence or any actual or potential conflict prior to such hearing.
(c) Wherever it may be shown to the satisfaction of the city manager that an examiner was subjected to improper influence, interference or interest, such improper influence, interference or interest shall be grounds for vacating any decision made by the examiner in such proceedings.
(Ord. 3100. Passed 12-15-09.)
A person may not communicate with a hearing examiner to influence a decision in a matter pending before an examiner other than at a public hearing or in a writing that is made part of the record of the proceeding. This provision shall not prohibit communication between an examiner and any member of the administration assigned to assist or give legal counsel to the examiner in the pending proceeding.
(Ord. 3100. Passed 12-15-09.)
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