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:
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.
means the city manager of the city of Moorpark or the manager's
designee.
means any officer or employee authorized by the governing
body to enforce certain provisions of this code.
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.
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.
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.
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)
Administrative hearings shall be conducted in accordance with the procedures as set forth in Chapter 1.12.
(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)
