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| 43 | 41 | | An Act relating to counties and county officers; |
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| 44 | 42 | | amending 19 O.S. 2011, Section 863.13A, which relates |
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| 45 | 43 | | to fines and penalties; expanding list of reg ulations |
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| 46 | 44 | | for which fines and penalties may be established and |
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| 47 | 45 | | enforced; modifying fines and penalties for repeat |
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| 48 | 46 | | violations; eliminating court appearance requirement; |
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| 49 | 47 | | specifying types of effective delivery of citation; |
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| 50 | 48 | | providing for not guilty pleas; autho rizing request |
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| 51 | 49 | | of court hearing within certain time; requiring that |
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| 52 | 50 | | certain information be provided to the district |
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| 53 | 51 | | attorney's office; and providing an effective date. |
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| 61 | 57 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 62 | 58 | | SECTION 1. AMENDATORY 19 O.S. 2011, Section 863.13A, is |
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| 63 | 59 | | amended to read as follows: |
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| 64 | 60 | | Section 863.13A A. A board of county commissioners may provide |
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| 65 | 61 | | for enforcement of its regulations and establish fines, penalties or |
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| 66 | 62 | | other remedies for any offense in violati on of its regulations, |
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| 67 | 63 | | which shall be recoverable together with costs of suit. |
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| 97 | 92 | | establish and enforce fines and penalties for violation of its |
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| 98 | 93 | | zoning, subdivision, storm water and, floodplain, health, |
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| 99 | 94 | | inspection, property maintenance and building regulations, including |
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| 100 | 95 | | the issuance of citations by designated county personnel for |
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| 101 | 96 | | violations of its zoning, subdivision, storm water and, floodplain, |
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| 102 | 97 | | health, inspection, property maintenance and building regulations. |
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| 103 | 98 | | A board of county commissioners may additionally establish that any |
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| 104 | 99 | | person who fails to correct a violation for which a citation has |
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| 105 | 100 | | been issued within the period permitted for its correction may be |
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| 106 | 101 | | assessed a fine or penalty for each ensuing day during which such |
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| 107 | 102 | | failure or violation continues. |
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| 108 | 103 | | 2. In issuing a citation pursuant to this subsection, the |
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| 109 | 104 | | county employee shall proceed as follows: |
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| 110 | 105 | | a. the employee shall prepare a writte n citation to |
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| 111 | 106 | | appear in court, containing the name and address of |
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| 112 | 107 | | the cited person and the violation/offense charged , |
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| 113 | 108 | | and stating when the person shall appear in district |
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| 114 | 109 | | court. The time to appear specified in the citation |
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| 115 | 110 | | shall be at least five (5) days after the issuance of |
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| 116 | 111 | | the citation, and |
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| 117 | 112 | | b. one copy of the citation to appear shall be delivered |
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| 118 | 113 | | to the person cited, and such person shall sign a |
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| 148 | 142 | | c. as soon as practicable, one copy of the citation shall |
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| 149 | 143 | | be filed with the district court specified therein and |
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| 150 | 144 | | one copy delivered to the prosecuting attorney . The |
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| 151 | 145 | | delivery may be delivered personally, or by certified |
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| 152 | 146 | | mail, registered mail to the address on file with the |
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| 153 | 147 | | county assessor's office or the last -known address, or |
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| 154 | 148 | | posted in a conspicuous place in or about the property |
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| 155 | 149 | | where the violation occurred . |
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| 156 | 150 | | 3. If a person fails to appear in district court at pay by the |
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| 157 | 151 | | designated time, a warrant for arrest shall be issued. |
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| 158 | 152 | | 4. Violations and penalties shall be deemed misdemeanor |
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| 159 | 153 | | offenses, punishable by a fine of up to Five Hundred Dollars |
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| 160 | 154 | | ($500.00) and up to ninety (90) days in jail. Repeated violations |
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| 161 | 155 | | on the cited property may result in an increase of the fine up to |
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| 162 | 156 | | One Thousand Dollars ($1,000.00) per violation . Jurisdiction is |
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| 163 | 157 | | hereby conferred upon the district court within the county. |
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| 164 | 158 | | 5. Fines and penalties collected pursuant to this subsection |
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| 165 | 159 | | shall be deposited in the appropriate county fund. |
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| 166 | 160 | | 6. Issuance of citations and/or payment of fines or penalties |
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| 167 | 161 | | shall in no way preclude other remedies or appropriate action or |
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| 168 | 162 | | proceedings to prevent or remove a violation. |
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