Editor's note—Chapter 2, consisting of Sections 1-2.01 through 1-2.06, codified from Ord. Nos. 5, 96, and 152, amended in its entirety by Part 1, Ord. No. 508, effective July 24, 1975.
It is unlawful for any person to violate any provision of this
Code. Unless otherwise provided herein, any violation of any provision
of this Code shall be an infraction. Any such violation may be prosecuted
by City authorities in the name of the People of the State of California
or redressed by civil action. A violation shall be a separate offense
for each day upon which the violation occurs or continues to exist.
(Part 1, Ord. 508, eff. July 24, 1975)
Any violation of any provision of this Code which is of an aggravated
nature shall be a misdemeanor. Violations of an aggravated nature
include those which are intentional and deliberate, those which occur
repeatedly (i.e., three or more times) although not intentional or
deliberate, and those which are expressly declared to be misdemeanors
by the provisions of this Code or by applicable law.
(Part 1, Ord. 508, eff. July 24, 1975)
City authorities shall determine whether a person violating
this Code shall be prosecuted for an infraction or a misdemeanor.
Every violation determined to be an infraction shall be punishable
by: (1) a fine not exceeding $50 for a first violation; (2) a fine
not exceeding $100 for a second violation of the same law within one
year; and (3) a fine not exceeding $250 for each additional violation
of the same law within one year. Every violation determined to be
a misdemeanor shall be punishable by: (1) a fine of not more than
$500; or (2) imprisonment in the City or County Jail for a period
up to six months; or (3) both a fine and imprisonment. The court having
jurisdiction to impose sentence shall determine the punishment within
the limits prescribed herein for the violation.
(Part 1, Ord. 508, eff. July 24, 1975)
Any condition caused or permitted to exist in violation of any
provision of this Code shall be deemed a public nuisance which may
be abated by City authorities in addition to any prosecution undertaken
by such authorities.
(Part 1, Ord. 508, eff. July 24, 1975)
(a)
When
any person violates any section of the Ojai Municipal Code, and such
violation continues past the date for City Code compliance, as set
forth in a written notice of violation to the violator or to the owner
or party in possession of real property to which the violation relates,
the City may do all or any of the following:
(1)
Record with the Ventura County Recorder a Notice of Violation of
the Ojai Municipal Code setting forth all violations related to real
property;
(2)
Require the violator to obtain from the City a Letter of Compliance
indicating the correction of the specific code violations, and pay
a certificate processing fee which will be equal to all costs incurred
by the City in connection with its inspection and code enforcement
efforts from the initial discovery of the situation until such violations
have been corrected and such certificate can be issued. The Letter
of Compliance shall be issued when the individual complies with all
provisions of the Code;
(3)
Where there is a violation relating to real property, require the
owner, as part of the application fee for any needed permit which
the property owner failed to obtain before the activity or use was
initiated, to pay a code enforcement cost surcharge in an amount equal
to the City's cost for its code enforcement efforts;
(4)
Request, as a condition of probation or sentencing on any criminal
conviction of such City code violation, that the defendant provide
full restitution to the City for such inspection and code enforcement
costs;
(5)
Require the violator to pay all costs, including attorneys' fees,
incurred by the City in connection with its inspection and code enforcement
efforts from the initial discovery of the situation until such violations
have been corrected. At the discretion of the City, such amounts may
be recovered in a civil action in the name of the City in any court
of competent jurisdiction within the County of Ventura;
(6)
Make the costs incurred by the City in connection with its inspection
and code enforcement efforts, from the initial discovery of the situation
until such violations have been corrected, a special assessment against
the premises on which such violations existed pursuant to Section
38773.5 of the California Government Code regarding abatement of nuisances
and the collection of associated costs as an assessment against the
premises. The prevailing party in any judicial action, administrative
proceeding, or special proceeding to abate a nuisance may recover
its reasonable attorneys' fees, provided that the City elected, at
the initiation of such individual action or proceeding, to recover
its own attorneys' fees. In no judicial action or administrative or
special proceeding shall an award of attorneys' fees to a prevailing
party exceed the amount of reasonable attorneys' fees incurred by
the City in the action or proceeding. A "judicial action" includes,
but is not limited to, any civil or criminal action, inspection or
abatement warrant or appeal. An "administrative proceeding" includes,
but is not limited to, any public nuisance hearing, administrative
citation or appeal(s) therefrom, revocation of permits by the City,
or cost recovery hearing. Any recovery of attorneys' fees for abatement
of a nuisance shall be in accordance with this section.
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In addition to recovery of any other costs as provided by this
Code, in any action to abate a nuisance, the City shall be entitled
to recover from the property on which the nuisance exists and against
the property owner and any other violators jointly and severally,
all staff and administrative costs, including, but not limited to,
those incurred in investigations, inspections, enforcement and providing
any notice required by this Code or State law.
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(b)
The written Notice of Violation described in subsection (a) of this section shall be mailed to, or personally served on, the violator and, if deemed appropriate by the City, to the party in possession of any real property to which a violation relates. The notice shall contain the nature of the violation or violations of the Ojai Municipal Code, a warning that the violator may be obligated to pay all of the City's code enforcement and inspection costs incurred in obtaining compliance with the code should the person not correct the violation within the time specified in the written notice, and the person's right to a hearing on the matter.
(c)
Hearings. Any person who receives a Notice of Violation described in subsection (b) of this section may file a Request for Hearing on a form to be provided by the City within 10 days of the service by mail or in person. Failure to timely file a Request for Hearing shall result in a waiver of the right to a hearing. Within 30 days of the filing of the request, and on 10 days' written notice, the City shall hold a hearing on the violator's objections and determine the validity thereof. Said hearing shall be before any person designated by the City Manager. The hearing provided for herein shall be the violator's sole administrative remedy. No appeal to the City Council shall be allowed.
(§ 2, Ord. 697, eff. June 25, 1993, as amended by § 3, Ord.
859, eff. November 14, 2015)
