This article is adopted pursuant to California Government Code
Section 53069.4 and provides for administrative citations which are
in addition to all other legal remedies, criminal or civil, which
may be pursued by the City to address any violation of this Code.
Use of this article shall be at the sole discretion of the City, subject
to the provisions of this section.
(§ 1, Ord. 772, eff. June 25, 2004; § 2, Ord. 831, eff. September 28, 2013)
For purposes of this article, "enforcement officer" shall mean
any City employee or agent of the City with the authority to enforce
any provision of this Code, or any person so designated by the City
Manager.
(§ 1, Ord. 772, eff. June 25, 2004)
Whenever an enforcement officer charged with the enforcement
of any provision of this Code determines that a violation of that
provision has occurred, the enforcement officer shall have the authority
to issue an administrative citation to any person responsible for
the violation.
(§ 1, Ord. 772, eff. June 25, 2004)
Each administrative citation shall contain the following information:
(a)
The
date of the violation;
(b)
The
address or a definite description of the location where the violation
occurred;
(c)
The
section of this Code violated and a description of the violation;
(d)
The
amount of the fine for the Code violation;
(e)
The
name and address of the violator;
(f)
A
description of the fine payment process, including a description of
the time within which and the place to which the fine shall be paid;
(g)
An
order prohibiting the continuation or repeated occurrence of the Code
violation described in the administrative citation;
(h)
A
description of the administrative citation review process, including
the time within which the administrative citation may be contested
and the place from which a request for hearing form to contest the
administrative citation may be obtained; and
(i)
The
name, signature and department of the citing enforcement officer.
(§ 1, Ord. 772, eff. June 25, 2004)
The amounts of the fines for Code violations imposed pursuant
to this article shall be set forth in a schedule of fines established
by resolution of the City Council. The schedule of fines shall specify
any increased fines for repeat violations of the same Code provision
by the same person. The schedule of fines shall specify the amount
of any late payment charges imposed for the payment of a fine after
its due date.
(§ 1, Ord. 772, eff. June 25, 2004)
The fine shall be paid to the City within 30 days from the date of the administrative citation. Any administrative citation fine paid pursuant to this section shall be refunded in accordance with Section 1-6.111 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation. Payment of a fine under this article shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.
(§ 1, Ord. 772, eff. June 25, 2004)
Any recipient of an administrative citation may contest that there was a violation of this Code, or that he or she is the responsible party, by completing a request for hearing form and returning it to the City within 30 days from the date of the administrative citation, together with an advance deposit of the fine, or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1-6.108. A request for hearing form may be obtained form the department specified on the administrative citation. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing. If the enforcement officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of the report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.
(§ 1, Ord. 772, eff. June 25, 2004)
Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 1-6.107 may file a request of an advance deposit hardship waiver as follows:
(a)
The
request shall be filed with the Department of Finance on an advance
deposit hardship waiver application form, available from the Department
of Finance, within 10 days of the date of the administrative citation.
(b)
The requirement of depositing the full amount of the fine as described in Section 1-6.107 shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
(c)
The Director of Finance may waive the requirement of an advance deposit set forth in Section 1-6.107 and issue the advance deposit hardship waiver only if the cited party submits to the Director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Director of Finance the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.
(d)
If
the Director of Finance determines not to issue an advance deposit
hardship waiver, the person shall remit the deposit to the City within
10 days of the date of that decision, or 30 days from the date of
the administrative citation, whichever is later.
(e)
The
Director of Finance shall issue a written determination listing the
reasons for his or her determination to issue or not issue the advance
deposit hardship waiver. The written determination of the Director
of Finance shall be final.
(f)
The
written determination of the Director of Finance shall be served upon
the person who applied for the advance deposit hardship waiver.
(§ 1, Ord. 772, eff. June 25, 2004)
The City Manager shall designate a Hearing Officer for the administrative
citation hearing.
(§ 1, Ord. 772, eff. June 25, 2004)
All administrative citation hearings conducted in accordance
with this article shall be done as follows:
(b)
A
hearing before the Hearing Officer shall be set for a date that is
not less than 10 days and not more than 60 days from the date that
the request for hearing is filed in accordance with the provisions
of this article, unless the Hearing Officer determines that the matter
is urgent or that good cause exists for an extension of time.
(c)
At
the hearing the party contesting the administrative citation shall
be given the opportunity to testify and to present evidence concerning
the administrative citation.
(d)
The
failure of any recipient of an administrative citation to timely make
the advance deposit, obtain an advance hardship waiver or to appear
at the administrative citation hearing shall constitute a forfeiture
of the fine and a failure to exhaust his or her administrative remedies.
(e)
The
administrative citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the respective
facts contained in those documents.
(f)
The
Hearing Officer may continue the hearing and request additional information
from the enforcement officer or the recipient of the administrative
citation prior to issuing a written decision.
(§ 1, Ord. 772, eff. June 25, 2004)
The Hearing Officer shall render his or her decision as follows:
(a)
After
considering all of the testimony and evidence submitted at the hearing,
the Hearing Officer shall issue a written decision to uphold or cancel
the administrative citation and shall list in the decision the reasons
for that decision. The decision of the Hearing Officer shall be final.
(b)
If
the Hearing Officer determines that the administrative citation should
be upheld, the fine amount on deposit with the City shall be retained
by the City.
(c)
If
the Hearing Officer determines that the administrative citation should
be upheld and the fine has not been deposited pursuant to an advance
deposit hardship waiver, the Hearing Officer shall set forth a payment
schedule for the fine in the decision.
(d)
If
the Hearing Officer determines that the administrative citation should
be cancelled and the fine was deposited with the City, the City shall
promptly refund the amount of the deposited fine, together with interest
at the average rate earned on the City's portfolio for the period
of time that the amount was held by the City.
(e)
The
recipient of the administrative citation shall be served with a copy
of the Hearing Officer's written decision.
(f)
The
employment, performance evaluation, compensation and benefits of the
Hearing Officer shall not be directly or indirectly conditioned upon
the amount of administrative citation fines upheld by the Hearing
Officer.
(g)
In
the event the City elects, at the initiation of the hearing, to seek
recovery of its attorneys' fees, the Hearing Officer shall order that
the prevailing party in the hearing be awarded its attorneys' fees.
In no event shall the award of attorneys' fees to the prevailing party
exceed the amount of reasonable attorneys' fees incurred by the City
in the proceeding.
(§ 1, Ord. 772, eff. June 25, 2004, as amended by § 1, Ord.
796, eff. July 26, 2007)
Any person who fails to pay the City any fine imposed pursuant
to the provisions of this article on or before the date the fine is
due also shall be liable for the payment of any applicable late payment
charges set forth in the schedule of fines.
(§ 1, Ord. 772, eff. June 25, 2004)
The City may collect any past due administrative citation fine, late payment charge and its administrative costs (including attorney's fees) by use of all available legal means, including recording and foreclosing a lien pursuant to Sections 1-6.218 through 1-6.223. The City also may recover its collection costs and attorney's fees incurred in any subsequent legal action.
(§ 1, Ord. 772, eff. June 25, 2004)
Failure to pay any past due administrative citation fine, late
penalty or administrative costs may be enforced as:
(a)
A
personal obligation of the violator; and/or
(b)
If
the violation is in connection with real property, a lien upon the
real property. The lien shall remain in effect until all of the administrative
penalties, interest and administrative costs and attorney's fees are
paid in full.
(§ 1, Ord. 772, eff. June 25, 2004)
Any person aggrieved by an administrative decision of a Hearing
Officer or an administrative citation may obtain review of the administrative
decision by filing a petition for review with the Municipal Court
in Ventura County in accordance with the time line requirements and
provisions set forth in California Government Code Section 53069.4.
(§ 1, Ord. 772, eff. June 25, 2004)
The administrative citation and all notices required to be given
by this article shall either be personally served on the responsible
party or by mail, postage prepaid to the responsible party at the
last known residence address. Failure to receive any notice specified
in this article does not affect the validity of proceedings conducted
hereunder.
(§ 1, Ord. 772, eff. June 25, 2004)
This article is adopted pursuant to California Government Code
Section 53069.4 and provides for administrative remedies which are
in addition to all other legal remedies, criminal or civil, which
may be pursued by the City to address any violation of this Code including
the provisions of Article 1 of this Chapter. This article shall be
used at the sole discretion of the City, subject to the provisions
of this section.
(§ 1, Ord. 772, eff. June 25, 2004; § 4, Ord. 831, eff. September 28, 2013)
For purposes of this article, "Director" means the head of any
City department which is charged with responsibility for enforcement
of any provision of this Code, the Building Official as defined in
Section 9-1.203(c) or any person as the City Manager may designate.
(§ 1, Ord. 772, eff. June 25, 2004)
Whenever the Director determines that a violation of any provision
of this Code within the Director's responsibility is occurring or
exists, the Director may issue a written compliance order ("compliance
order") to any person responsible for the violation ("violator" and/or
"owner").
(§ 1, Ord. 772, eff. June 25, 2004)
A compliance order issued pursuant to this article shall contain
the following information:
(a)
The
date and location of the violation;
(b)
The
section of this Code violated and a description of the violation;
(c)
The
action required to correct the violation;
(d)
The
time period after which administrative penalties will begin to accrue
if compliance with the order has not been achieved; and
(e)
Either
a copy of this article or an explanation of the consequences of non-compliance
with this article and a description of the hearing procedure and appeal
process.
(§ 1, Ord. 772, eff. June 25, 2004)
The Director shall give the violator a reasonable period in
which to comply with the compliance order. However, should the violation
constitute an imminent threat to life or property, immediate compliance
may be ordered.
(§ 1, Ord. 772, eff. June 25, 2004)
Service of a compliance order shall be made as follows:
(a)
Except where real property is involved, all notices required by this article shall be served in the manner provided in Section 1-6.116
(b)
Where
real property is involved, written notice shall be mailed to the violator
and/or owner at the address as shown on the last equalized County
assessment roll, and a copy of the order shall be conspicuously posted
at the property which is the subject of the order.
(c)
The
failure of any person to receive any notice required under this article
shall not affect the validity of any proceedings taken under this
article.
(§ 1, Ord. 772, eff. June 25, 2004)
If the director determines that all violations have been corrected
within the time specified in the compliance order, no further action
shall be taken. If full compliance is not achieved within the time
specified in the compliance order, the Director shall schedule a hearing
before a Hearing Officer approved by the City Council. The Director
shall cause a written notice of hearing to be served on the violator
and, where real property is involved, a notice of hearing ("notice
of hearing" or "notice") shall be served on the violator and/or owner
at the address as it appears on the last equalized County assessment
roll available on the date the notice is prepared, and a copy of the
notice shall be conspicuously posted at the property which is the
subject of the notice.
(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)
Every notice of hearing on a compliance order shall contain
the date, time and place at which the hearing shall be conducted by
the Hearing Officer. Each hearing shall be set on a date not less
than 10 days nor more than 60 days from the date of the notice of
hearing unless the Director determines that the matter is urgent or
that good cause exists for an extension of time. At the hearing, any
person named in or subject to a compliance order, shall be given a
full opportunity to object to the determination that a violation has
occurred and/or that the violation has continued to exist. The failure
of any person subject to a compliance order, pursuant to this article,
to appear at the hearing shall constitute a failure to exhaust administrative
remedies and a waiver of the right to be heard by the Hearing Officer.
(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)
The Hearing Officer shall conduct its hearing in accordance
with the following:
(a)
At the place and time set forth in the notice of hearing, the Hearing Officer shall conduct a hearing on the compliance order issued pursuant to Section 1-6.203
(b)
Consistent
with any rules and procedures adopted pursuant to Section 1-6.266,
the Hearing Officer shall consider any written or oral evidence regarding
the violation and compliance by the violator or owner.
(d)
The
Hearing Officer shall issue written findings on each violation. The
findings shall be supported by evidence received at the hearing.
(e)
If
the Hearing Officer finds that there is a preponderance of the evidence
showing that a violation has occurred and that the violation was not
corrected within the time period specified in the compliance order,
the Hearing Officer shall issue an administrative order ("administrative
order").
(f)
If
the Hearing Officer finds that no violation has occurred or that the
violation was corrected within the time period specified in the compliance
order, the Hearing Officer shall issue a finding of those facts ("findings
of fact").
(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)
If the Hearing Officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Hearing Officer shall issue the administrative order described in Section 1-6.209 which imposes any or all of the following:
(a)
An
order to correct, including a schedule for correction where appropriate;
(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)
The Hearing Officer may impose administrative penalties as follows:
(a)
The
Hearing Officer may impose administrative penalties for the violation
of any provision of this Code in an amount not to exceed a maximum
of $1,000 per day for each ongoing violation, or for any related series
of violations, except that the total administrative penalty shall
not exceed $100,000 excluding administrative costs, including attorney's
fees and costs, interest and restitution for compliance reinspections.
(b)
In
determining the amount of the administrative penalty, the Hearing
Officer may take any or all of the following factors into consideration:
(1)
The duration of the violation;
(2)
The frequency, recurrence and number of violations, related or unrelated,
by the same violator;
(3)
The seriousness of the violation;
(4)
The good faith efforts of the violator to come into compliance;
(5)
The economic impact of the penalty on the violator;
(6)
The impact of the violation on the community; and
(7)
Such other factors as justice may require.
(c)
Administrative
penalties imposed by the Hearing shall accrue from the date specified
in the compliance order and shall cease to accrue on the date the
violation is corrected as determined by the Director or the Hearing
Officer.
(d)
The
Hearing Officer, in its discretion, may suspend the imposition of
applicable penalties for any period of time during which:
(e)
Administrative
penalties assessed by the Hearing Officer shall be due by the date
specified in the administrative order.
(f)
Administrative
penalties assessed by the Hearing Officer are a debt owed to the City
and, in addition to all other means of enforcement, if the violation
is located on real property, may be enforced by means of a lien against
the real property on which the violation occurred.
(g)
If the violation is not corrected as specified in the Hearing Officer's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in subsection (a) of this section.
(h)
If
the violator gives written notice to the Director that the violation
has been corrected and if the Director finds that compliance has been
achieved, the Director shall deem the date the written notice was
postmarked or personally delivered to the Director or the date of
the final inspection, whichever first occurred, to be the date the
violation was corrected. If no written notice is provided to the Director,
the violation will be deemed corrected on the date of the final inspection.
(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)
The Hearing Officer shall assess administrative costs against
the violator when it finds that a violation has occurred and that
compliance has not been achieved within the time specified in the
compliance order. The administrative costs may include any and all
costs, other than attorneys' fees, incurred by the City in connection
with the matter before the Hearing Officer, including, but not limited
to, costs of investigation, staffing costs incurred in preparation
for the hearing and for the hearing itself, and for all costs for
all reinspections necessary to enforce the compliance order. In addition,
in the event the City elects, at the initiation of the hearing, to
seek recovery of its attorneys' fees, the Hearing Officer shall order
that the prevailing party in the hearing be awarded its attorneys'
fees incurred throughout the administrative process outlined in this
article and for any subsequent legal action. In no event shall the
award of attorneys' fees to the prevailing party exceed the amount
of reasonable attorneys' fees incurred by the City in the proceeding.
(§ 1, Ord. 772, eff. June 25, 2004, as amended by § 2, Ord.
796, eff. July 26, 2007; § 5, Ord. 831, eff. September
28, 2013)
Failure to pay the assessed administrative penalties and administrative
costs specified in the administrative order of the Hearing Officer
may be enforced as:
(a)
Personal
obligation of the violator; and/or
(b)
If
the violation is in connection with real property, a lien upon the
real property. The lien shall remain in effect until all of the administrative
penalties, interest and administrative costs and attorney's fees are
paid in full.
(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)
Any person aggrieved by an administrative order of the Hearing
Officer may obtain review of the administrative order by filing a
motion for review with the Superior Court in Ventura County in accordance
with the time line requirements and provisions set forth in California
Government Code Section 53069.4.
(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)
The City may collect the assessed administrative penalties and administrative costs and attorney's fees by use of all available legal means, including recording a lien pursuant to Section 1-6.218.
(§ 1, Ord. 772, eff. June 25, 2004)
If the Director determines that compliance has been achieved
after a compliance order has been sustained by the Hearing Officer,
the Director shall file a report indicating that compliance has been
achieved.
(§ 1, Ord. 772, eff. June 25, 2004; § 6, Ord. 831, eff. September 28, 2013)
If the Director does not file a report pursuant to Section 1-6.216, a violator or owner who believes that compliance has been achieved may request a compliance hearing before the Hearing Officer by filing a request for a hearing with the Hearing Officer. The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in Sections 1-6.208 and 1-6.209. The Hearing Officer shall determine the dispute as follows:
(a)
If
compliance has been achieved, when it was achieved, and to what relief,
if any, the violator may be entitled.
(b)
If
compliance has not been achieved, to what extent has it not. Further,
for good cause shown, the Hearing Officer may amend or modify its
original order.
(§ 1, Ord. 772, eff. June 25, 2004; § 6, Ord. 831, eff. September 28, 2013)
The City may impose a lien on real property as follows:
(a)
Whenever
the amount of any administrative penalty and/or administrative cost
imposed by the Hearing Officer pursuant to this article in connection
with real property has not been satisfied in full within 45 days and/or
has not been successfully challenged pursuant to the applicable provisions
of Government Code Section 53069.4, this obligation may constitute
a lien against the real property on which the violation occurred.
(b)
The
lien provided herein shall have no force and effect until recorded
with the County Recorder. Once recorded, the administrative order
shall have the force and effect and priority of a judgment lien governed
by the provisions of California Code of Civil Procedure Section 697.340
and may be extended as provided in California Code of Civil Procedure
Sections 683.110 to 683.220, inclusive.
(c)
Interest
shall accrue on the principal amount of the lien remaining unsatisfied
pursuant to the law applicable to civil money judgments.
(d)
Prior
to recording any such lien, the Director of Finance shall prepare
and file with the City Clerk a report stating the amounts due and
owing.
(e)
The
City Clerk shall fix a time, date and place for hearing such report
by the City Council and any protests or objections thereto.
(§ 1, Ord. 772, eff. June 25, 2004; § 6, Ord. 831, eff. September 28, 2013)
The City Council's hearing on the report shall be conducted
as follows:
(a)
Any person whose real property is subject to a lien pursuant to Section 1-6.218 may file a written protest with the City Clerk and/or may protest orally at the City Council hearing.
(b)
Each
written protest or objection shall contain a description of the property
in which the protesting party is interested, the interest in such
real property assessed by the protesting party and the grounds of
such protest or objection; provided, however, that any member of the
public may speak on the subject of the report at such hearing.
(c)
The
City Council, after the hearing, shall adopt a resolution confirming,
discharging or modifying the amount of the lien.
(§ 1, Ord. 772, eff. June 25, 2004)
Thirty days following the adoption of a resolution by the City
Council imposing a lien, the City Clerk shall file the same as a judgment
lien in the office of the County Recorder of Ventura County, California.
The lien may carry such additional administrative charges as set forth
by resolution of the City Council.
(§ 1, Ord. 772, eff. June 25, 2004)
Once payment in full is received by the City for outstanding
penalties and costs, the Director of Finance shall either record a
notice of satisfaction or provide the violator and/or owner, or financial
institution, with a notice of satisfaction so they may record the
notice with the office of the County Recorder. Such notice of satisfaction
shall cancel the City's lien.
(§ 1, Ord. 772, eff. June 25, 2004)
The lien imposed pursuant to this article is deemed a judgment
pursuant to Government Code Section 53069.4(c), and may be foreclosed
and the real property sold, by the filing of an action for foreclosure
in a court of competent jurisdiction, and the issuance of a judgment
to foreclose. There shall be no right to trial by jury. The City shall
be entitled to its attorney's fees and costs incurred in connection
with prosecuting the foreclosure action.
(§ 1, Ord. 772, eff. June 25, 2004)
The lien may be redeemed by the payment in full of all amounts secured by the lien within six months after the lien is recorded and notice is given to the violator and/or owner. There shall be no right of redemption after foreclosure of the lien in accordance with Section 1-6.222.
(§ 1, Ord. 772, eff. June 25, 2004)
The administrative penalties and costs set forth in the Hearing
Officer's order shall also become a personal obligation of the violator
and/or owner.
(§ 1, Ord. 772, eff. June 25, 2004; § 7, Ord. 831, eff. September 28, 2013)
Interest shall accrue on all amounts declared due by the Hearing
Officer, and unpaid, from the date of the administrative order to
the date paid pursuant to the laws applicable to civil money judgments.
(§ 1, Ord. 772, eff. June 25, 2004; § 7, Ord. 831, eff. September 28, 2013)
The City Council may, by resolution, adopt such rules and regulations
for the administration and interpretation of this chapter as it may
consider proper.
(§ 1, Ord. 772, eff. June 25, 2004)
