Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
As many of you know I don’t think a code enforcement officer can write tickets like a police officer does in courts not of record. I think a code enforcement officer can sign a citizen’s complaint which has to be properly verified. I do think a police officer can write a ticket for a violation of any municipal ordinance including a violation involving over-grown grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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Ray - I thought code officers could write tickets for violations of
ordinances? Can you expand on this please. Also, what if the code
officer is also a reserve officer?
Any further insight into this is appreciated.
Jeffrey L. Edwards,
Jeffrey Edwards, P.A..
On Wed, May 10, 2023 at 1:49 PM rayvincent@coxinet.net wrote:
As many of you know I don’t think a code enforcement officer can write
tickets like a police officer does in courts not of record. I think a code
enforcement officer can sign a citizen’s complaint which has to be properly
verified. I do think a police officer can write a ticket for a violation
of any municipal ordinance including a violation involving over-grown
grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce
fines for over-grown grass, dilapidated buildings, etc.? In stead of a code
enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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Jeffrey L. Edwards |
Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com
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For what it's worth, I agree. Even though Glenpool had a CEO and the whole list ordinances with non-judicial, civil penalties, we did (rarely) have PO's issue citations enforceable in court.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.com
-------- Original message --------
From: rayvincent@coxinet.net
Date: 5/10/23 1:49 PM (GMT-06:00)
To: Larry Vickers larry@lvickerslaw.com, oama@lists.imla.org
Subject: [Oama] Re: Fines
As many of you know I don’t think a code enforcement officer can write tickets like a police officer does in courts not of record. I think a code enforcement officer can sign a citizen’s complaint which has to be properly verified. I do think a police officer can write a ticket for a violation of any municipal ordinance including a violation involving over-grown grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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As to the PD being able to issue code enforcement citations, take a look at
22-111.1. This requires that employees enforcing certain provisions to have
gone through OCEA training within 1 year of employment. One question would
be whether this training is only required if the employee is involved in
the abatement process in 22-111 or if it also extends to their actions to
enforce ordinance penalties for the violations (see 22-111(C), authorizing
the adoption of ordinances that impose penalties).
As for Ray's point about whether a Code Enforcer can even issue a citation,
take a look at 11 O.S. 27-115 and 27-115.1. The latter allows a law
enforcement officer to issue citations. Otherwise, it has to be on a
complaint that is then verified by the Officer or by the Judge, Court Clerk
or Deputy Court Clerk. So, the argument goes, a Code Enforcer is not a LEO
and, so, cannot unilaterally issue a citation. They can serve as a
complainant for a citation and the complaint can be verified by an Officer
but can also be verified by the Clerk/Deputy or Judge.
On Wed, May 10, 2023 at 2:56 PM Lowell Peterson lpeterson@live.com wrote:
For what it's worth, I agree. Even though Glenpool had a CEO and the whole
list ordinances with non-judicial, civil penalties, we did (rarely) have
PO's issue citations enforceable in court.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.com
-------- Original message --------
From: rayvincent@coxinet.net
Date: 5/10/23 1:49 PM (GMT-06:00)
To: Larry Vickers larry@lvickerslaw.com, oama@lists.imla.org
Subject: [Oama] Re: Fines
As many of you know I don’t think a code enforcement officer can write
tickets like a police officer does in courts not of record. I think a code
enforcement officer can sign a citizen’s complaint which has to be properly
verified. I do think a police officer can write a ticket for a violation
of any municipal ordinance including a violation involving over-grown
grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce
fines for over-grown grass, dilapidated buildings, etc.? In stead of a code
enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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Not to throw any shade, but I drafted the language of the self‑verification statutes, 11 O.S. Sections 28‑113.1, 27-115.1 and 21 O.S. Section 303 and in doing so used the broader phrase “law enforcement officer” in lieu of “police officer” or “peace officer” so it would include code enforcement officers and parking enforcement officers. While I would never presume that my intent equates to legislative intent, that is what I intended. Whether the courts would interpret it as such, I don’t know.
That’s just my opinion, I could be wrong.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: Matt Love matt.love@gmail.com
Sent: Thursday, May 11, 2023 3:19 PM
To: Lowell Peterson lpeterson@live.com
Cc: rayvincent@coxinet.net; oama@lists.imla.org
Subject: [Oama] Re: Fines
As to the PD being able to issue code enforcement citations, take a look at 22-111.1. This requires that employees enforcing certain provisions to have gone through OCEA training within 1 year of employment. One question would be whether this training is only required if the employee is involved in the abatement process in 22-111 or if it also extends to their actions to enforce ordinance penalties for the violations (see 22-111(C), authorizing the adoption of ordinances that impose penalties).
As for Ray's point about whether a Code Enforcer can even issue a citation, take a look at 11 O.S. 27-115 and 27-115.1. The latter allows a law enforcement officer to issue citations. Otherwise, it has to be on a complaint that is then verified by the Officer or by the Judge, Court Clerk or Deputy Court Clerk. So, the argument goes, a Code Enforcer is not a LEO and, so, cannot unilaterally issue a citation. They can serve as a complainant for a citation and the complaint can be verified by an Officer but can also be verified by the Clerk/Deputy or Judge.
On Wed, May 10, 2023 at 2:56 PM Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com> wrote:
For what it's worth, I agree. Even though Glenpool had a CEO and the whole list ordinances with non-judicial, civil penalties, we did (rarely) have PO's issue citations enforceable in court.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.commailto:Lpeterson@live.com
-------- Original message --------
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net
Date: 5/10/23 1:49 PM (GMT-06:00)
To: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>, oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
As many of you know I don’t think a code enforcement officer can write tickets like a police officer does in courts not of record. I think a code enforcement officer can sign a citizen’s complaint which has to be properly verified. I do think a police officer can write a ticket for a violation of any municipal ordinance including a violation involving over-grown grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.comhttp://www.lvickerslaw.com/
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
--
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Patrick
That throws a new wrinkle into the mix. I will certainly argue that in a challenge to jurisdiction in my cities that allow code enforcement officers to issue citations. You might want to let the code school people know your argument. They teach them that code enforcement officers can issue tickets. I have ask them for authority and they have never provided anything.
Ray
From: Boulden, Patrick
Sent: Thursday, May 11, 2023 4:15 PM
To: 'Matt Love' ; Lowell Peterson
Cc: rayvincent@coxinet.net ; oama@lists.imla.org
Subject: [Oama] Re: Fines
Not to throw any shade, but I drafted the language of the self‑verification statutes, 11 O.S. Sections 28‑113.1, 27-115.1 and 21 O.S. Section 303 and in doing so used the broader phrase “law enforcement officer” in lieu of “police officer” or “peace officer” so it would include code enforcement officers and parking enforcement officers. While I would never presume that my intent equates to legislative intent, that is what I intended. Whether the courts would interpret it as such, I don’t know.
That’s just my opinion, I could be wrong.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org
From: Matt Love matt.love@gmail.com
Sent: Thursday, May 11, 2023 3:19 PM
To: Lowell Peterson lpeterson@live.com
Cc: rayvincent@coxinet.net; oama@lists.imla.org
Subject: [Oama] Re: Fines
As to the PD being able to issue code enforcement citations, take a look at 22-111.1. This requires that employees enforcing certain provisions to have gone through OCEA training within 1 year of employment. One question would be whether this training is only required if the employee is involved in the abatement process in 22-111 or if it also extends to their actions to enforce ordinance penalties for the violations (see 22-111(C), authorizing the adoption of ordinances that impose penalties).
As for Ray's point about whether a Code Enforcer can even issue a citation, take a look at 11 O.S. 27-115 and 27-115.1. The latter allows a law enforcement officer to issue citations. Otherwise, it has to be on a complaint that is then verified by the Officer or by the Judge, Court Clerk or Deputy Court Clerk. So, the argument goes, a Code Enforcer is not a LEO and, so, cannot unilaterally issue a citation. They can serve as a complainant for a citation and the complaint can be verified by an Officer but can also be verified by the Clerk/Deputy or Judge.
On Wed, May 10, 2023 at 2:56 PM Lowell Peterson lpeterson@live.com wrote:
For what it's worth, I agree. Even though Glenpool had a CEO and the whole list ordinances with non-judicial, civil penalties, we did (rarely) have PO's issue citations enforceable in court.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
-------- Original message --------
From: rayvincent@coxinet.net
Date: 5/10/23 1:49 PM (GMT-06:00)
To: Larry Vickers larry@lvickerslaw.com, oama@lists.imla.org
Subject: [Oama] Re: Fines
As many of you know I don’t think a code enforcement officer can write tickets like a police officer does in courts not of record. I think a code enforcement officer can sign a citizen’s complaint which has to be properly verified. I do think a police officer can write a ticket for a violation of any municipal ordinance including a violation involving over-grown grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Thursday, May 11, 2023, 4:28 PM
To: Boulden, Patrick patrickboulden@tulsacouncil.org; 'Matt Love' matt.love@gmail.com; Lowell Petersonz lpeterson@live.comz
Cc: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Re: Fines
Patrick
That throws a new wrinkle into the mix. I will certainly argue that in a challenge to jurisdiction in my cities that allow code enforcement officers to issue citations. You might want to let the code school people know your argument. They teach them that code enforcement officers can issue tickets. I have ask them for authority and they have never provided anything.
Ray
From: Boulden, Patrick
Sent: Thursday, May 11, 2023 4:15 PM
To: 'Matt Love' ; Lowell Peterson
Cc: rayvincent@coxinet.net ; oama@lists.imla.org
Subject: [Oama] Re: Fines
Not to throw any shade, but I drafted the language of the self‑verification statutes, 11 O.S. Sections 28‑113.1, 27-115.1 and 21 O.S. Section 303 and in doing so used the broader phrase “law enforcement officer” in lieu of “police officer” or “peace officer” so it would include code enforcement officers and parking enforcement officers. While I would never presume that my intent equates to legislative intent, that is what I intended. Whether the courts would interpret it as such, I don’t know.
That’s just my opinion, I could be wrong.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org
From: Matt Love matt.love@gmail.com
Sent: Thursday, May 11, 2023 3:19 PM
To: Lowell Peterson lpeterson@live.com
Cc: rayvincent@coxinet.net; oama@lists.imla.org
Subject: [Oama] Re: Fines
As to the PD being able to issue code enforcement citations, take a look at 22-111.1. This requires that employees enforcing certain provisions to have gone through OCEA training within 1 year of employment. One question would be whether this training is only required if the employee is involved in the abatement process in 22-111 or if it also extends to their actions to enforce ordinance penalties for the violations (see 22-111(C), authorizing the adoption of ordinances that impose penalties).
As for Ray's point about whether a Code Enforcer can even issue a citation, take a look at 11 O.S. 27-115 and 27-115.1. The latter allows a law enforcement officer to issue citations. Otherwise, it has to be on a complaint that is then verified by the Officer or by the Judge, Court Clerk or Deputy Court Clerk. So, the argument goes, a Code Enforcer is not a LEO and, so, cannot unilaterally issue a citation. They can serve as a complainant for a citation and the complaint can be verified by an Officer but can also be verified by the Clerk/Deputy or Judge.
On Wed, May 10, 2023 at 2:56 PM Lowell Peterson lpeterson@live.com wrote:
For what it's worth, I agree. Even though Glenpool had a CEO and the whole list ordinances with non-judicial, civil penalties, we did (rarely) have PO's issue citations enforceable in court.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.com
-------- Original message --------
From: rayvincent@coxinet.net
Date: 5/10/23 1:49 PM (GMT-06:00)
To: Larry Vickers larry@lvickerslaw.com, oama@lists.imla.org
Subject: [Oama] Re: Fines
As many of you know I don’t think a code enforcement officer can write tickets like a police officer does in courts not of record. I think a code enforcement officer can sign a citizen’s complaint which has to be properly verified. I do think a police officer can write a ticket for a violation of any municipal ordinance including a violation involving over-grown grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.comhttp://www.lvickerslaw.com/
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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Pat, it is nice to hear what your intent was.
I would really like to see maybe OML seek a legislative solution and add a definition of “law enforcement officer” that would include certified code enforcement officers (and animal control, and inspectors) to the self-verification statutes for clarity. I had previously reviewed them and then did a deep dive trying to find statutory definitions of “law enforcement office” that would include the code officials without success.
Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Thursday, May 11, 2023 4:28 PM
To: Boulden, Patrick patrickboulden@tulsacouncil.org; 'Matt Love' matt.love@gmail.com; Lowell Peterson lpeterson@live.com
Cc: oama@lists.imla.org
Subject: [Oama] Re: Fines
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Patrick
That throws a new wrinkle into the mix. I will certainly argue that in a challenge to jurisdiction in my cities that allow code enforcement officers to issue citations. You might want to let the code school people know your argument. They teach them that code enforcement officers can issue tickets. I have ask them for authority and they have never provided anything.
Ray
From: Boulden, Patrick
Sent: Thursday, May 11, 2023 4:15 PM
To: 'Matt Love' ; Lowell Peterson
Cc: rayvincent@coxinet.netmailto:rayvincent@coxinet.net ; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
Not to throw any shade, but I drafted the language of the self‑verification statutes, 11 O.S. Sections 28‑113.1, 27-115.1 and 21 O.S. Section 303 and in doing so used the broader phrase “law enforcement officer” in lieu of “police officer” or “peace officer” so it would include code enforcement officers and parking enforcement officers. While I would never presume that my intent equates to legislative intent, that is what I intended. Whether the courts would interpret it as such, I don’t know.
That’s just my opinion, I could be wrong.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: Matt Love <matt.love@gmail.commailto:matt.love@gmail.com>
Sent: Thursday, May 11, 2023 3:19 PM
To: Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com>
Cc: rayvincent@coxinet.netmailto:rayvincent@coxinet.net; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
As to the PD being able to issue code enforcement citations, take a look at 22-111.1. This requires that employees enforcing certain provisions to have gone through OCEA training within 1 year of employment. One question would be whether this training is only required if the employee is involved in the abatement process in 22-111 or if it also extends to their actions to enforce ordinance penalties for the violations (see 22-111(C), authorizing the adoption of ordinances that impose penalties).
As for Ray's point about whether a Code Enforcer can even issue a citation, take a look at 11 O.S. 27-115 and 27-115.1. The latter allows a law enforcement officer to issue citations. Otherwise, it has to be on a complaint that is then verified by the Officer or by the Judge, Court Clerk or Deputy Court Clerk. So, the argument goes, a Code Enforcer is not a LEO and, so, cannot unilaterally issue a citation. They can serve as a complainant for a citation and the complaint can be verified by an Officer but can also be verified by the Clerk/Deputy or Judge.
On Wed, May 10, 2023 at 2:56 PM Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com> wrote:
For what it's worth, I agree. Even though Glenpool had a CEO and the whole list ordinances with non-judicial, civil penalties, we did (rarely) have PO's issue citations enforceable in court.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.commailto:Lpeterson@live.com
-------- Original message --------
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net
Date: 5/10/23 1:49 PM (GMT-06:00)
To: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>, oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
As many of you know I don’t think a code enforcement officer can write tickets like a police officer does in courts not of record. I think a code enforcement officer can sign a citizen’s complaint which has to be properly verified. I do think a police officer can write a ticket for a violation of any municipal ordinance including a violation involving over-grown grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.comhttp://www.lvickerslaw.com/
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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Teresa,
I agree. A statutory definition could remove all doubt, but absent a judicial interpretation, I have relied on the plain meaning rule of statutory interpretation. In the absence of ambiguity, the plain words of the statute should express the legislative intent. (The test for ambiguity is whether the statutory language is susceptible of more than one reasonable interpretation.) Since the statutes in question could have used the terms “police officer” or “peace officer” but did not, until a court tells me otherwise, I believe we should rely on the broader terms and plain meaning of the words “law enforcement officer” and interpret them to include code (i.e,, “law”) enforcement officers.
As a practical matter, the issuance of a citation is in lieu of arrest and a convenience to the defendant. Of course, if a defendant wishes to challenge the validity of a citation they may, but the consequence will be the issuance of a warrant for their arrest. In most cases, a defendant will see the folly of their challenge and take advantage of this convenience.
Another solution might also be to explicitly prescribe in an ordinance that code enforcement officers are law enforcement officers. In this way we could attempt to avoid legislative entanglements.
Of course, this is just my opinion, I could be wrong. Your mileage may vary. 😊
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: Teresa Nowlin tnowlin@jenksok.org
Sent: Thursday, June 1, 2023 9:51 AM
To: rayvincent@coxinet.net; Boulden, Patrick patrickboulden@tulsacouncil.org; 'Matt Love' matt.love@gmail.com; Lowell Peterson lpeterson@live.com
Cc: oama@lists.imla.org
Subject: RE: [Oama] Re: Fines
Pat, it is nice to hear what your intent was.
I would really like to see maybe OML seek a legislative solution and add a definition of “law enforcement officer” that would include certified code enforcement officers (and animal control, and inspectors) to the self-verification statutes for clarity. I had previously reviewed them and then did a deep dive trying to find statutory definitions of “law enforcement office” that would include the code officials without success.
Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Thursday, May 11, 2023, 4:28 PM
To: Boulden, Patrick <patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org>; 'Matt Love' <matt.love@gmail.commailto:matt.love@gmail.com>; Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
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Patrick
That throws a new wrinkle into the mix. I will certainly argue that in a challenge to jurisdiction in my cities that allow code enforcement officers to issue citations. You might want to let the code school people know your argument. They teach them that code enforcement officers can issue tickets. I have ask them for authority and they have never provided anything.
Ray
From: Boulden, Patrick
Sent: Thursday, May 11, 2023 4:15 PM
To: 'Matt Love' ; Lowell Peterson
Cc: rayvincent@coxinet.netmailto:rayvincent@coxinet.net ; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
Not to throw any shade, but I drafted the language of the self‑verification statutes, 11 O.S. Sections 28‑113.1, 27-115.1 and 21 O.S. Section 303 and in doing so used the broader phrase “law enforcement officer” in lieu of “police officer” or “peace officer” so it would include code enforcement officers and parking enforcement officers. While I would never presume that my intent equates to legislative intent, that is what I intended. Whether the courts would interpret it as such, I don’t know.
That’s just my opinion, I could be wrong.
Patrick
Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.orgmailto:patrickboulden@tulsacouncil.org
From: Matt Love <matt.love@gmail.commailto:matt.love@gmail.com>
Sent: Thursday, May 11, 2023 3:19 PM
To: Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com>
Cc: rayvincent@coxinet.netmailto:rayvincent@coxinet.net; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
As to the PD being able to issue code enforcement citations, take a look at 22-111.1. This requires that employees enforcing certain provisions to have gone through OCEA training within 1 year of employment. One question would be whether this training is only required if the employee is involved in the abatement process in 22-111 or if it also extends to their actions to enforce ordinance penalties for the violations (see 22-111(C), authorizing the adoption of ordinances that impose penalties).
As for Ray's point about whether a Code Enforcer can even issue a citation, take a look at 11 O.S. 27-115 and 27-115.1. The latter allows a law enforcement officer to issue citations. Otherwise, it has to be on a complaint that is then verified by the Officer or by the Judge, Court Clerk or Deputy Court Clerk. So, the argument goes, a Code Enforcer is not a LEO and, so, cannot unilaterally issue a citation. They can serve as a complainant for a citation and the complaint can be verified by an Officer but can also be verified by the Clerk/Deputy or Judge.
On Wed, May 10, 2023 at 2:56 PM Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com> wrote:
For what it's worth, I agree. Even though Glenpool had a CEO and the whole list ordinances with non-judicial, civil penalties, we did (rarely) have PO's issue citations enforceable in court.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.commailto:Lpeterson@live.com
-------- Original message --------
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net
Date: 5/10/23 1:49 PM (GMT-06:00)
To: Larry Vickers <larry@lvickerslaw.commailto:larry@lvickerslaw.com>, oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Fines
As many of you know I don’t think a code enforcement officer can write tickets like a police officer does in courts not of record. I think a code enforcement officer can sign a citizen’s complaint which has to be properly verified. I do think a police officer can write a ticket for a violation of any municipal ordinance including a violation involving over-grown grass, etc.
Ray
From: Larry Vickers
Sent: Wednesday, May 10, 2023 12:52 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Fines
Group,
Is it possible to use the police department in a small town to enforce fines for over-grown grass, dilapidated buildings, etc.? In stead of a code enforcer, if the ordinances are there??
Larry Vickers, Jr. Attorney At Law, P.L.L.C.
www.lvickerslaw.comhttp://www.lvickerslaw.com/
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
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