The enforcement of the city's municipal code is vital to the protection of the public's health, safety and quality of life. Under Government Code Section 53069.4, the city is authorized to adopt an administrative citation program, which program offers an alternative method of enforcing code violations. The purpose of issuing administrative citations pursuant to this chapter is to encourage compliance with the provisions of this code and to provide a method of holding persons responsible when they fail or refuse to comply with the provisions of this code. The use of this chapter is also intended to minimize the expense and delay associated with pursuing code violations through the civil or criminal justice system.
(Ord. 340 § 3, 2006)
For the purposes of this chapter, the following definitions apply to these words and phrases:
"Administrative citation" or "citation"
means a written notice to a responsible person that a violation of this code has occurred and an assessment of a civil fine issued by a code compliance officer.
"City manager"
means the city manager of the city of Moorpark or the manager's designee.
"Code compliance officer"
means any officer or employee authorized by the governing body to enforce certain provisions of this code.
"Continuing violation"
means either (1) a particular violation of the code continuing for more than twenty-four (24) hours without correction or abatement, or (2) a repeated, consecutive violation of the same offense without intervening days.
"Legal interest"
means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.
"Notice of violation"
means a written notice to a responsible person that a violation of this code has occurred and a warning that an administrative citation assessing fines will be issued unless the violation is ceased and abated.
"Responsible person"
means any person or persons that a code compliance officer determines is responsible for causing or maintaining a violation of this code. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in real or personal property, or person in possession or control of real or personal property.
(Ord. 340 § 3, 2006)
A. 
This chapter authorizes use of administrative citations that are in addition to all other legal remedies, criminal or civil, that the city may pursue to address any violation of this code.
B. 
The use of this chapter is at the sole discretion of the city manager, city attorney, and the city's code compliance officers.
C. 
Any code compliance officer, upon determining that a provision of this code which such officer is charged to enforce has been violated, has the authority to issue an administrative citation to any responsible person.
D. 
Any responsible person violating any provision of this code, or causing, permitting or maintaining a violation of any provision of this code may be issued an administrative citation by a code compliance officer.
E. 
Each and every day a violation of this code exists constitutes a separate and distinct offense and will be subject to a separate fine. A single citation may charge a violation for one or more days on which a violation exists, and for the violation of one or more code sections. Continuing violations will automatically accrue fines beginning on the date the citation is issued until verification of abatement pursuant to Section 1.16.080(C).
F. 
The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is a responsible person and is separately liable for violations committed by tenants or occupants relative to the use or condition of the property.
(Ord. 340 § 3, 2006)
A. 
Whenever a code compliance officer determines that a violation of this code exists, the code compliance officer may issue a notice of violation to a responsible person prior to issuing an administrative citation. The notice of violation serves as a written warning of responsibility and requires immediate action by the responsible person to cease and abate the violation. If the violation is not ceased or abated by the end of the correction period stated in the notice, the code compliance officer may issue an administrative citation.
B. 
In accordance with Government Code Section 53069.4, no responsible person will be assessed an administrative fine under this chapter for a continuing violation pertaining to a building, plumbing, electrical or similar structural or zoning issue that does not create an immediate danger to the public health or safety without first receiving a notice of violation and a reasonable opportunity to correct or otherwise remedy the violation. In such circumstance, the stated period available to correct the violation prior to the assessment of a fine must be appropriate to the violation as determined by the code compliance officer, but in no event less than seven calendar days. If, after the correction period stated in the notice, the violation is not ceased or abated, the code compliance officer may issue an administrative citation.
C. 
Any responsible person receiving notice for a continuing violation may petition the city manager for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The city manager may grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period.
D. 
The requirement of a reasonable opportunity to cure a violation does not apply in instances where, in the discretion of the city manager, a code violation poses an immediate danger to the public health or safety.
(Ord. 340 § 3, 2006; Ord. 362 § 1, 2007)
A. 
Except as otherwise provided in this chapter, whenever notice is required to be given under this chapter, it must be given in one of the following ways:
1. 
Personal service;
2. 
Certified mail, postage prepaid, return receipt requested. Concurrently, the same notice should be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed effective by regular mail, provided that notice is not returned. Service by mail will be effective on the date of mailing; or
3. 
Posting the notice conspicuously on or in front of the affected property or any other real property within the city in which the city has knowledge that the responsible person has a legal interest.
B. 
The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.
C. 
The notice procedures in this section do not apply to an initial notice of violation, which may be sent by regular mail or personally served. Service of a notice of violation by mail is effective on the date of mailing.
(Ord. 340 § 3, 2006)
Upon determining that a violation of this code exists, a code compliance officer may issue an administrative citation to any responsible person on a form authorized by the city attorney.
(Ord. 340 § 3, 2006)
A. 
The amount of the fine will be assessed according to a schedule of fines adopted by city council resolution. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time, and fines may vary depending on the particular code provision violated.
B. 
Where no amount is specified by resolution of the city council, the following fines will apply:
1. 
A fine not exceeding $100 per day for a first (1st) violation;
2. 
A fine not exceeding $200 per day for a second (2nd) violation of the same code provision or permit within the previous 12 months;
3. 
A fine not exceeding $500 per day for each additional violation of the same code provision or permit within the previous 12 months.
C. 
A penalty of 10% will be added on any delinquent fines on the last day of each month after the due date.
D. 
In addition to the late penalty provided by this section, delinquent fines will accrue interest at the rate of 1% per month, exclusive of penalties, from the due date.
(Ord. 340 § 3, 2006)
A. 
Upon receipt of a citation, the responsible person must do the following:
1. 
Pay the fine within 30 calendar days from the date of the administrative citation. All fines assessed are payable to the city. Payment of a fine does not excuse or discharge the failure to correct the violation nor will it bar further enforcement action by the city.
2. 
Cease and abate the violation. If the offense is a continuing violation and the responsible person fails to properly cease and abate the violation, fines will accrue for each day until the abatement is properly verified. Additionally, subsequent administrative citations may be issued for the same violation. The amount of the fine for failure to correct the violation will increase at the rate specified in this chapter or as established by city council resolution.
B. 
At any time following 30 calendar days after the issuance of the citation, the city may deliver a collection bill to the responsible person requiring payment for all outstanding amounts owed for the violation, including the amount due for the initial violation and any accrual of daily fines from the date the citation was issued to the date the abatement of the offense is properly verified (if applicable) plus any appropriate late payment charge, less any amount remitted pursuant to subsection A of this section.
C. 
The abatement of a continuing violation must be verified by a code compliance officer. The responsible person must contact the phone number designated on the citation and schedule an inspection by a code compliance officer. Fines will accrue until the abatement is verified, less any days delayed by action of the city in scheduling such inspection.
(Ord. 340 § 3, 2006)
A. 
The failure of any person to pay a fine or penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, lien the subject property as set forth in subsection B of this section, or pursue any other legal remedy to collect such debt. A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees. Such collection costs are in addition to any fines, interest, and late charges.
B. 
In addition to any other legal remedy, the city may place a lien on property that is the subject of a citation if the citation has been issued to the property owner. The following procedure will apply:
1. 
The city manager may initiate proceedings to record a lien against the subject property.
2. 
Before recording the lien, the city manager shall draft a report stating the amounts due and owing. The report may include a fee, as established by city council resolution, for the administrative costs associated with the preparation and recordation of the lien.
3. 
The city manager shall fix a time, date, and place for a hearing before the city manager to consider the report and any protests or objections to it.
4. 
The city manager must serve the property owner with a hearing notice not less than 10 calendar days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be delivered first class mail, postage prepaid, addressed to the property owner's address as it appears on the last equalized assessment roll or supplemental roll of the county of Ventura, whichever is more current. Service by mail is effective on the date of mailing and failure of property owner to actually receive notice does not affect its validity.
5. 
At the conclusion of the hearing, the city manager may adopt a report confirming, discharging, or modifying the lien amount.
6. 
Following the adoption of the report imposing a lien, the city manager shall cause the lien to be filed in the county recorder's office.
7. 
After confirmation and recordation, the city shall present a copy of the lien to the county tax collector to add the amount of the lien to the next regular property tax bills levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.
8. 
Once the city receives full payment for outstanding principal, penalties, and costs related to a lien, the city manager will cause to be recorded a notice of satisfaction or provide the property owner with a notice of satisfaction for recordation at the county recorder's office. This notice of satisfaction will cancel the city's lien.
(Ord. 340 § 3, 2006)
A. 
Any person receiving an administrative citation may contest the citation by completing a request for hearing form and returning it to the city within 10 calendar days after the issuance date of the administrative citation. Any request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation, unless waived by subsection C of this section. If it is determined, after a hearing, that there was no violation as charged in the administrative citation, the advance deposit will be refunded.
B. 
A request for hearing will not postpone or avoid the requirement of a responsible person to abate a violation nor toll the daily fines accruing for a continuing violation until the abatement of the offense is properly verified. In the event the hearing officer upholds the citation, the responsible person will be liable for the total fines accrued from the issuance of the citation to the date the abatement is properly verified.
C. 
A person seeking an administrative hearing may request a hardship waiver of the fine deposit by filing with the city manager a completed city form, which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the city manager within three business days from date the request is received, and the city manager's decision is final. The applicant will be notified by telephone, facsimile, or in person of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the fine when due. If the request for hardship waiver is denied, an administrative hearing will not be scheduled unless the fine deposit is paid within five business days following the city manager's determination on the request for a hardship waiver.
D. 
The failure to submit a timely and complete request for hearing will terminate a person's right to contest the citation and result in a failure to exhaust administrative remedies, and the order of the citation will serve as a final determination and conclusive evidence of the named responsible person's liability for the citation.
E. 
The city manager shall set a hearing before a city hearing officer on a date that is not less than (10) nor more than 90 calendar days from the date that the request for hearing is filed in accordance with the provisions of this section. The city shall notify the person requesting the hearing by regular mail of the date, time and place set for the hearing at least 10 calendar days prior to the date of the hearing and give that person any additional written reports filed concerning the violation that are provided to the hearing officer.
(Ord. 340 § 3, 2006)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer must issue a written decision to uphold or deny the administrative citation within 30 calendar days after the hearing, and must list in the decision the reasons for that decision. The hearing officer will use preponderance of evidence as the standard of evidence in deciding issues. The decision of the hearing officer will be final.
B. 
If the hearing officer determines that the administrative citation should be upheld, then any applicable fine amount on deposit with the city will be retained by the city. The hearing officer may also impose conditions and deadlines to correct the violation or require payment of any outstanding fines, penalties, and interest.
C. 
If the hearing officer determines that the administrative citation should be canceled or reduced because of an error in calculating the fine, the city will promptly refund the applicable amount of the deposited fine.
D. 
The city shall serve the recipient of the administrative citation with a copy of the hearing officer's written decision by certified mail.
(Ord. 340 § 3, 2006)
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Ventura County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
(Ord. 340 § 3, 2006)