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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.)
(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. 2793. Passed 9-16-03.)
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. 2793. Passed 9-16-03.)
(Ord. 2793. Passed 9-16-03.)
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