(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.)