| 43 | | - | [ counties and county office rs - fines and penalties |
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| 44 | | - | - repeat violations - effective date ] |
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| 67 | + | AS INTRODUCED |
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| 68 | + | |
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| 69 | + | An Act relating to counties and county office rs; |
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| 70 | + | amending 19 O.S. 2011, Section 863.13A, which r elates |
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| 71 | + | to fines and penalties; expanding list of r egulations |
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| 72 | + | for which fines and penalties may be established and |
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| 73 | + | enforced; modifying fines and penalties for repeat |
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| 74 | + | violations; eliminating court appearance requirement; |
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| 75 | + | specifying types of effective deliver y of citation; |
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| 76 | + | providing for not guilty pleas; aut horizing request |
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| 77 | + | of court hearing within certain time; requiring that |
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| 78 | + | certain information be provided to the district |
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| 79 | + | attorney’s office; and providing an effective date. |
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| 80 | + | |
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| 45 | 81 | | |
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| 46 | 82 | | |
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| 47 | 83 | | |
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| 48 | 84 | | |
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| 49 | 85 | | BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA: |
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| 50 | 86 | | SECTION 1. AMENDATORY 19 O.S. 2011, Section 863.13A, is |
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| 51 | 87 | | amended to read as follows: |
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| 52 | 88 | | Section 863.13A. A. A board of county commissioners may |
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| 53 | 89 | | provide for enforcement of its regulations and establish fines, |
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| 54 | 90 | | penalties or other remedies for any offense in viola tion of its |
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| 55 | 91 | | regulations, which shall be recoverable together with costs of suit. |
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| 56 | | - | B. 1. In addition to other powers and duties prescribed by |
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| 57 | | - | law, a board of county commissioners shall have the power to |
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| 58 | | - | establish and enforce fines and penalties for violati on of its |
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| 59 | | - | zoning, subdivision, storm water and, floodplain, health inspection, |
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| 60 | | - | property maintenance and building regulations, including the |
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| 61 | | - | issuance of citations by designated county person nel for violations |
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| 62 | | - | of its zoning, subdivision, storm water and, floodplain, health |
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| 143 | + | B. 1. In addition to other powers and duties prescribed by |
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| 144 | + | law, a board of county commissioners shall have the pow er to |
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| 145 | + | establish and enforce fines and penalties for violati on of its |
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| 146 | + | zoning, subdivision, storm water and, floodplain, health inspection, |
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| 147 | + | property maintenance and building regulations, including the |
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| 148 | + | issuance of citations by designated county personnel for violations |
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| 149 | + | of its zoning, subdivision, storm water and, floodplain, health |
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| 90 | 150 | | inspection, property maintenance and building regulations. A board |
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| 91 | 151 | | of county commissioners may additionally establish that any person |
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| 92 | 152 | | who fails to correct a violation for which a c itation has been |
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| 93 | 153 | | issued within the period permitted for i ts correction may be |
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| 94 | 154 | | assessed a fine or penalty for each ensuing day during which such |
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| 95 | 155 | | failure or violation continues. |
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| 96 | 156 | | 2. In issuing a citation p ursuant to this subsection, the |
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| 97 | 157 | | county employee shall proceed as follows: |
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| 98 | 158 | | a. the employee shall prepare a writ ten citation to |
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| 99 | 159 | | appear in court, containing the name and address of |
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| 100 | 160 | | the cited person and the violation/offense charged , |
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| 101 | 161 | | and stating when the perso n shall appear in district |
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| 102 | 162 | | court. The time to appear specified in the citation |
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| 103 | 163 | | shall be at least five (5) day s after the issuance of |
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| 104 | 164 | | the citation, and |
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| 105 | 165 | | b. one copy of the citation to appear shall be delivered |
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| 106 | 166 | | to the person cited, and such person shall sign a |
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| 141 | 225 | | the county assessor’s office or the last -known |
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| 142 | 226 | | address, or posted in a conspicuous place in or about |
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| 143 | 227 | | the property where the violation occurred . |
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| 144 | 228 | | 3. If a person fails to appear in district court at pay by the |
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| 145 | 229 | | designated time, a warrant for arrest shall be issued. |
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| 146 | 230 | | 4. Violations and penalties shall be deemed misdemeanor |
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| 147 | 231 | | offenses, punishable by a fine of up to Five Hundred Dollars |
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| 148 | 232 | | ($500.00) and up to ninety (90) days in jail. Repeated violations |
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| 149 | 233 | | on the cited property may result in an increase of the fine up to |
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| 150 | 234 | | One Thousand Dollars ($1,000.00) per violation . Jurisdiction is |
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| 151 | 235 | | hereby conferred upon the district court within the county. |
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| 152 | 236 | | 5. Fines and penalties collec ted pursuant to this subsection |
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| 153 | 237 | | shall be deposited in the appropriate county fund. |
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| 154 | 238 | | 6. Issuance of citations and/ or payment of fines or penalties |
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| 155 | 239 | | shall in no way preclude other remedies or appropriate action or |
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| 156 | 240 | | proceedings to prevent or remove a violation. |
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| 157 | | - | 7. A person cited may plead not guilty to t he charged violation |
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| 158 | | - | and request a court hearing through the county court clerk’s office |
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| 159 | | - | within ten (10) business days of receiving the citation. If the |
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| 160 | | - | person requests a court hearing, the district attorney ’s office |
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| 161 | | - | shall be provided all the information, evidence, reports, |
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| 162 | | - | photographs and all other materials related to t he offense prepared |
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| 163 | | - | by and in the custody of the designated county personnel who wrote |
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| 164 | | - | the citation. |
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| 292 | + | 7. A person cited may plead not guilty to the charg ed violation |
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| 293 | + | and request a court hearing through the county court clerk’s office |
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| 294 | + | within ten (10) business days of receiving the citation. If the |
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| 295 | + | person requests a court hearing, the district attorney ’s office |
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| 296 | + | shall be provided all the information, evidence, reports, |
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| 297 | + | photographs and all other materials related to t he offense prepared |
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| 298 | + | by and in the custody of the designated county personnel who wrote |
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| 299 | + | the citation. |
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