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Oxford Village


Ordinance to establish an Ordinance Violations Bureau



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February 01, 2012 - PUBLIC NOTICE

VILLAGE OF OXFORD -

COUNTY OF OAKLAND, MICHIGAN

AN ORDINANCE OF THE

VILLAGE OF OXFORD, OAKLAND COUNTY,

MICHIGAN TO AMEND THE

OXFORD VILLAGE CODE OF ORDINANCES,

SECTION 66-147

ORDINANCE VIOLATIONS BUREAU

THE VILLAGE OF OXFORD ORDAINS:

Section 66-147 is hereby amended to read as follows:

The Village Manager shall establish an Ordinance Violations Bureau pursuant to MCL 600.8707, et seq. to administer and process certain violations, including collecting fines in accordance with a Council approved and published Fine Schedule as to such violations being addressable by the Ordinance Violation Bureau, which Council may amend from time to time. Violations issued by a citation allowing a violator to submit to a fine payable to the Ordinance Violations Bureau by Village of Oxford Ordinance Enforcement Officers, Police or the Village Manager or his/her designee where the violator wishes to not contest a violation for an infraction covered by the Schedule occurring within the Village limits are to be received and processed in accordance with this Ordinance.

The Village Ordinance Bureau shall be authorized to receive fines during normal business hours Monday through Friday pursuant to a Schedule of Fines issued and published by the Village Council for only certain violations or Ordinance infractions falling within the set Fine Schedule promulgated by the Village Council and collect such fines keeping simultaneously therewith an accounting record of the Ordinance violation number, the amount received and in the form received which monies shall be deposited forthwith in the Village's General Fund or any other fund as set by the Village Council and the accounting thereof to be included in the annual audit of the Village Auditors.

The Ordinance Violations Bureau will not be empowered to adjudicate a disputed violation nor may an alleged violator necessarily be entitled to process a violation through the Ordinance Violations Bureau if the Police, Ordinance Enforcement Officer, Village Manager or designee, opt to issue process to be adjudicated only in 52nd/3rd District Court and/or Circuit Court. Any nonpayment of fine pursuant to a citation addressable by the Ordinance Violations Bureau Fine Schedule shall be referred to and adjudicated in 52nd/3rd District Court with the penalties called for in the Ordinance, including costs of prosecution in the discretion of the Court.

The Village Ordinance Violations Bureau operation shall be subject to internal controls as set up and recommended by the Village Auditors and be located in the Village Municipal Office at 22 West Burdick, Oxford, MI 48371. Its operation and accounting shall be under the direct control and supervision of the Village Manager subject to the rules and regulations outlined in the Personnel Manual or further promulgated by the Village Manager, and staffed by employees paid by the Village.

No person or entity cited pursuant to this Section shall be required to submit to the violation Schedule of Fines if they contest the same. All such violations contested shall be submitted to the 52nd/3rd District Court in the usual Court process to adjudicate responsibility accordingly.

All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.

Should any portion of this ordinance be held invalid for any reason, such holding shall not be construed as affecting the validity of any of the remaining portions of this ordinance.

DATE OF PASSAGE: January 24, 2012

DATE OF PUBLICATION: February 2, 2012

EFFECTIVE DATE: February 22, 2012

Moved by Helmuth, second by Bailey. Motion carried

Thomas Benner, Village President

Susan C. Nassar, Village Clerk

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