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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2237 By: May
AS INTRODUCED
An Act relating to counties and county officers;
amending 19 O.S. 2011, Section 863.13A, which relates
to fines and penalties; expanding list of reg ulations
for which fines and penalties may be established and
enforced; modifying fines and penalties for repeat
violations; eliminating court appearance requirement;
specifying types of effective delivery of citation;
providing for not guilty pleas; autho rizing request
of court hearing within certain time; requiring that
certain information be provided to the district
attorney's office; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 19 O.S. 2011, Section 863.13A, is
amended to read as follows:
Section 863.13A A. A board of county commissioners may provide
for enforcement of its regulations and establish fines, penalties or
other remedies for any offense in violati on of its regulations,
which shall be recoverable together with costs of suit.
B. 1. In addition to other powers and duties prescribed by
law, a board of county commissioners shall have the power to
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establish and enforce fines and penalties for violation of its
zoning, subdivision, storm water and, floodplain, health,
inspection, property maintenance and building regulations, including
the issuance of citations by designated county personnel for
violations of its zoning, subdivision, storm water and, floodplain,
health, inspection, property maintenance and building regulations.
A board of county commissioners may additionally establish that any
person who fails to correct a violation for which a citation has
been issued within the period permitted for its correction may be
assessed a fine or penalty for each ensuing day during which such
failure or violation continues.
2. In issuing a citation pursuant to this subsection, the
county employee shall proceed as follows:
a. the employee shall prepare a writte n citation to
appear in court, containing the name and address of
the cited person and the violation/offense charged ,
and stating when the person shall appear in district
court. The time to appear specified in the citation
shall be at least five (5) days after the issuance of
the citation, and
b. one copy of the citation to appear shall be delivered
to the person cited, and such person shall sign a
duplicate written citation which shall be retained by
the county employee, and
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c. as soon as practicable, one copy of the citation shall
be filed with the district court specified therein and
one copy delivered to the prosecuting attorney . The
delivery may be delivered personally, or by certified
mail, registered mail to the address on file with the
county assessor's office or the last -known address, or
posted in a conspicuous place in or about the property
where the violation occurred .
3. If a person fails to appear in district court at pay by the
designated time, a warrant for arrest shall be issued.
4. Violations and penalties shall be deemed misdemeanor
offenses, punishable by a fine of up to Five Hundred Dollars
($500.00) and up to ninety (90) days in jail. Repeated violations
on the cited property may result in an increase of the fine up to
One Thousand Dollars ($1,000.00) per violation . Jurisdiction is
hereby conferred upon the district court within the county.
5. Fines and penalties collected pursuant to this subsection
shall be deposited in the appropriate county fund.
6. Issuance of citations and/or payment of fines or penalties
shall in no way preclude other remedies or appropriate action or
proceedings to prevent or remove a violation.
7. A person cited may plead not guilty to the charged violation
and request a court hearing through the county court clerk's office
within ten (10) business days of receiving the citation. If the
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person requests a court hearing, the district attorney's o ffice
shall be provided all the information, evidence, reports,
photographs and all other materials related to the offense prepared
by and in the custody of the designated county personnel who wrote
the citation.
SECTION 2. This act shall become effective November 1, 2021 .
58-1-6869 AMM 12/30/20