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(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.)
(a) A person charged with a violation of the Oxford Codified Ordinances and served with a notice of civil offense and civil fine specified as subject to reduction for correction of the violation may offer proof of the correction to the hearing examiner. The offer or proof of correction may be submitted in person or, to avoid the necessity of personal appearance, may be submitted as affidavits and other document evidence, by mail. The hearing examiner who receives an answer with an offer of proof of correction shall verify whether the violation has been corrected by inquiry to the City department which issued the notice.
(b) For those offenses that provide for a reduction in civil fine on proof of correction, on being satisfied that the offense has been corrected, the examiner shall reduce the otherwise applicable civil fine by seventy-five percent (75%). If the civil fine is eliminated or reduced and the person previously paid the civil fine, the amount paid in excess of the revised civil fine shall be returned to the person. If the civil fine is reduced and the person has not previously paid the civil fine, the person must pay only the amount of the civil fine as reduced. An unpaid civil fine is due and must be paid within ten days after the determination of the examiner.
(Ord. 2725. Passed 6-26-01.)
A person who is personally or constructively served with notice of a civil offense and civil fine and fails to answer within the time provided by Section 503.04, 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 Section 503.98 for the class of the offense charged.
(Ord. 2725. Passed 6-26-01.)
A person subject to a civil fine entered after default may request to have the default set aside. A hearing examiner may set aside a default on a showing that the person had no actual knowledge of the notice of civil offense and civil fine or that the default should be excused in the interest of justice.
(Ord. 2725. Passed 6-26-01.)
(Ord. 2725. Passed 6-26-01.)
A person found to have committed a civil offense and to owe a civil fine may request the City Manager to review the record of the proceedings before the hearing examiner. The director of a City department that issued a notice of civil offense and civil fine dismissed by the hearing examiner may also request the City Manager to review the record of the proceedings before the hearing examiner. The City Manager may delegate the responsibility for review to a member of the administrative service or to a board comprised of several members of the administrative service. The request for review must be in writing, specify with particularity the claimed errors in the decision by the hearing examiner, and sent to office of administrative hearings by certified mail within 10 days of the date of the mailing of the decision by the hearing examiner. The city officer or employee who issued the notice of violation which gave rise to the request for review or a supervisor to the issuing officer may file a written response to the request for review. The response must be filed within 15 days of the receipt of the request for review by the officer of administrative hearings. The City Manager may set aside the decision of the hearing on finding from review of the proceedings before the hearing examiner that the findings of fact and conclusions of law are not supported by the record. The City Manager may reduce a civil fine on a showing that the civil fine would cause an undue hardship and that the underlying infraction has been cured or is unlikely to reoccur. The city manager may investigate a claim that an infraction has been cured, make findings with respect to the claim of cure, and include those findings within the record. The decision of the City Manager shall be final.
(Ord. 2793. Passed 9-16-03.)
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. 2725. Passed 6-26-01.)
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