503.01 Civil offense.
503.02 Classification of civil offenses.
503.03 Notice of civil offense and civil fine; procedures.
503.04 Answer to notice of civil offense.
503.05 Hearings.
503.06 Correction of violation.
503.07 Default.
503.08 Request to set aside default and delinquency charges.
503.09 Administrative review.
503.10 Civil proceedings.
503.11 Administrative regulations.
503.12 Freedom from improper influence.
503.13 Ex parte communications prohibited.
503.98 Civil fines.
503.99 Savings.
A “civil offense” means an offense against the City of Oxford set forth in the Oxford Codified Ordinances made subject to a civil fine by this Chapter. Charging a person with a civil offense is an alternative to criminal prosecution. A person may not be charged with a civil offense if that person has been charged with a misdemeanor for the same offense. A person charged with a civil offense may not be arrested for the commission of the offense.
(Ord. 2725. Passed 6-26-01.)
All civil offenses shall fall into one of the following classifications.
(a) A person who violates a standard of conduct set forth in a section or chapter of the Oxford Codified Ordinances listed below is liable for the civil fine specified in Section 503.98 for a Class Civil Offense. If a person has previously been found to have violated the same provision of the Oxford Codified Ordinances within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in Section 503.98 for the first violation of a Class B Civil Offense.
(Civil Fines for subsequent offenses)
(b) Class B Civil Offenses. A person who violates a standard of conduct set forth in a section of the Oxford Codified Ordinances listed below is liable for the civil fines specified in Section 503.98 for a Class B Civil Offense. If the provision is listed under paragraph (1) below, the otherwise applicable civil fine is reduced by seventy-five percent (75%) if the person charged shows in accordance with Section 503.04 that the violation has been corrected. If a person has previously been found to have violated the same provision of the Oxford Codified Ordinances within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in Section 503.98 for the offense provided below which fine is not subject to reduction for correction of the violation.
(1) Class B Civil Offenses With Civil Fines subject to Seventy-Five Percent (75%) reduction for Correction of Violation:
(Civil fines for subsequent offenses)
(2) Class B Civil Offenses with Civil Fines not Subject to Seventy-Five Percent (75%) Reduction for Correction of Violation:
(Civil Fines for subsequent offenses)
(c) Class C Civil Offenses. A person who violates a standard of conduct set forth in a section or chapter of the Oxford Codified Ordinances listed below is liable for the civil fines specified in Section 503.98 for a Class C Civil Offense. If the provision is listed under paragraph (1) below, the otherwise applicable civil fine is reduced by seventy-five percent (75%) if the person charged shows in accordance with Section 503.04 that the violation has been corrected. If a person has previously been found to have violated the same provision of the Oxford Codified Ordinances within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in Section 503.98 for the offense provided below, which fine is not subject to reduction for correction of the violation.
(1) Class C Civil Offenses With Civil Fines subject to Seventy-Five Percent (75%) reduction for Correction of Violation:
(Civil fines for subsequent offenses)
(2) Class C Civil Offenses with Civil Fines not subject to Seventy-Five Percent (75%) Reduction for Correction of Violation:
(Civil fines for subsequent offenses)
(d) Class D Civil Offenses. A person who violates a standard of conduct set forth in a section or chapter of the Oxford Codified Ordinances listed below is liable for the civil fines specified in Section 503.98 for a Class D Civil Offense, except as provided in Chapter 507 of the Oxford Codified Ordinances. If the provision is listed under paragraph (1) below, the otherwise applicable civil fine is reduced by seventy-five percent (75%) if the person charged shows in accordance with Section 503.04 that the violation has been corrected. If a person has previously been found to have violated the same provision of the Oxford Codified Ordinances within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in Section 503.98 for the offense provided below, which fine is not subject to reduction for correction of the violation.
(1) Class D Civil Offenses With Civil Fines subject to Seventy-Five Percent (75%) reduction for Correction of Violation:
(Civil fines for subsequent offenses)
Environmental Regulations (Class D)
* Chapter 1501 Ohio Fire Code (Class D), (except as provided for in Chapter 507 of the Oxford Codified Ordinances)
(Ord. 3099. Passed 12-15-09.)
(a) A City officer or employee charged with the enforcement of the Oxford Codified Ordinances may issue a notice of civil offense and civil fine to a person found to have committed a civil offense.
(b) A notice of a civil offense and civil fine must advise the person served:
(1) Unless a written answer is filed or the civil fine paid within 10 days form the date of the notice, fine will double;
(2) That a hearing will be held if requested;
(3) That failure to appear at a requested hearing will be considered an admission of the civil offense;
(4) That all available collection remedies and costs of collection will be pursued in the event the civil fine and delinquent charges are not paid;
(5) That the civil fine otherwise due may be reduced if the notice is for an offense that is subject to reduction if the offense is corrected.
(c) A civil offense shall proceed in accordance with the following:
(1) A City officer or employee charged with the enforcement of the Oxford Codified Ordinances who observes a violation shall document the violation in writing.
(2) A City officer or employee charged with the enforcement of the Oxford Codified Ordinances must identify the offender and contact the offender by:
A. Entering onto the property and issuing a verbal notification to the offender, property owner, or agent; or
B. Obtaining the telephone number of the location where the offense is observed and providing notice of the offense to the offender property owner or agent by telephone.
(3) The offender property owner shall have a reasonable time after being contacted by a City officer to comply with the applicable ordinances. Contact by a City officer and discussion of the offense as outlined in Section 503.03 (c)(2) will serve as notice to the offender to comply with the applicable ordinances.
(4) A City officer or employee charged with the enforcement of the Oxford City Ordinances shall conduct a follow-up investigation within a reasonable time of originally documenting the offense and contacting the offender or the offender’s agent. If the offender remains in violation of the ordinances at the time of the follow-up investigation, then:
A. An officer shall issue a written warning to the offender property owner or agent stating the time when the property will undergo a final investigation for violations;
(5) A City officer or employee charged with the enforcement of the Oxford City Ordinances shall conduct a final investigation at the time stated in the written warning. If the offender remains in violation of the ordinances at the time of the final investigation, then:
A. An officer shall issue a written citation.
(6) If the same violation is observed at a location repeatedly, the offenders shall be cited as follows:
A. Second violation: Offenders shall forgo the initial contact, and a City officer shall directly issue a written warning to the offender and proceed in accordance with Section 503.03(c)(4) and (5) above;
B. Third violation: Offenders shall forgo the initial contact and written warning, and a City officer shall issue a citation in accordance with Section 503.03(c)(5)(i) above.
(d) A notice of civil offense and civil fine:
(1) Must state the date that the notice is issued;
(2) Must identify the person being charged if known to the issuing officer or employee;
(3) Indicate the offense charged, the civil fine for the offense and the date, time and location of the offense charges;
(4) Be signed and attested to by the issuing officer or employee;
(5) If the person charged is present, the issuing officer or employee may personally serve the person charged with a copy of the notice;
(e) The following shall apply to all residential property to be used as rental property in the City of Oxford:
(1) Rental property owners shall designate an individual to be contacted by the City in the event of an ordinance violation. This may be the property owner or a designated local agent; and,
(2) Rental property owners who desire to designate an agent must record the agent’s telephone number and email (if any) with the City. If no agent is designated the rental property owner shall be the designated contact person.
(f) The issuing officer or employee must serve the notice of civil offense and civil fine in one of the following manners:
(1) Notice may be served personally on the offender;
(2) If the notice involves an offense which occurred on or immediately adjacent to the real property owned, occupied or controlled by the person being charged, the notice may be constructively served by posting a copy of the notice in a conspicuous location on the real property and by mailing a copy of the notice to said person by First Class U.S. Mail; or
(3) If the notice relates to an offense involving a motor vehicle, the notice may be constructively served by posting a copy of the notice on the motor vehicle and by mailing a copy of the notice to the person responsible for the offense by First Class U.S. Mail.
(4) Violations under Section 503.03(c)(2) and (3) must be emailed or personally delivered to the property owner or designated agent;
(5) Violations under Section 503.03(c)(4) and (5) must be delivered to the property owner or designated agent via First Class U.S. Mail.
(Ord. 2930. Passed 10-17-06.)
(a) A person served with a notice charging a civil offense may file a written answer to the charge. The answer may be delivered in person or mailed to the City. An answer must be filed within ten (10) days from the date of the notice. The answer may:
(1) Admit that the person committed the offense by payment of the civil fine specified in the notice;
(2) Admit that the person committed the offense and, for those offenses that provide for a reduction in civil fine on proof of correction, offer proof that the person has corrected the offense;
(3) Deny that the person committed the offense and request a hearing. If the person desires the presence, at the hearing, of the enforcement officer, inspector or other authorized individual who issued the notice, the person must request same in his or her answer; or
(4) If the person served has taken an administrative appeal authorized by the Oxford Codified Ordinances from an order on which the offense was based, the person may request that the time for answering the notice of civil offense be continued until the appeal has been finally resolved.
(b) (1) A person who admits the commission of the offense for which a notice was issued must pay the civil fine arising out of the offense to the Finance Director.
(2) A person who admits the commission of the offense with an offer of proof of correction, may offer proof that the person has corrected the offense.
(Ord. 2793. Passed 9-16-03.)
(a) A person who denies the commission of a civil offense may request a hearing before a hearing examiner. The request shall be filed with the 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 may be informal, but all testimony shall be under oath.
(b) All hearings shall be scheduled within ten (10) days and will be held within fifteen (15) days from the date the request for a hearing is filed. Any hearing date may be modified if such modification is agreed to by the person charged, by the City officer or employee who issued the charge and by the hearing examiner, or if such modification is necessary in the interest of justice.
(c) The hearing examiner shall enter into the record of the proceedings the notice of the 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 within ten days from close 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.
(e) If the person has taken an administrative appeal authorized by the Oxford Codified Ordinances from an order on which the offense was based, the hearing examiner must extend the time for answering the notice of civil offense until the appeal has been finally resolved.
(Ord. 2793. Passed 9-16-03.)
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