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CHAPTER 7: NUISANCES
ARTICLE I. GENERAL PROVISIONS
7-3. Unlawful to maintain nuisance
7-5. Form of notice
7-6. Abatement by owner
7-7. Appeal of notice
7-8. Appeal hearing
7-9. Conduct of hearings
7-11. Judicial action
7-12. Abatement by city
7-13. Cost of abatement by city
7-14. Costs of abatement as lien
7-15. Cost report
7-16. Posting notice
7-17. Cost report hearing
7-18. Filing with county auditor
ARTICLE II. ABANDONED MOTOR VEHICLES
7-29. Right of entry
7-31. Authority of manager
7-32. Notice to owners
7-33. Exceptions to notice to owners
7-34. Disposition of low valued vehicle
7-35. Forms of notice
7-36. Request for public hearing
7-37. Hearing procedures
7-39. Judicial action
7-40. Abatement by city manager
7-41. Notice of abatement to department of motor vehicles
7-42. Costs as lien
ARTICLE III. CIVIL FINES
7-52. Civil citation
7-53. Building Code violations
7-54. Contents of civil citation
7-58. Preliminary review
7-59. Waiver of fine deposit
7-60. Administrative hearings
7-61. Hearing procedures
7-63. Judicial review
7-64. Collection of delinquent fines
ARTICLE IV. CURFEW
7-70. Curfew; definitions
7-71. Curfew; violations
7-72. Curfew; exceptions
7-73. Parents responsible
ARTICLE V. GRAFFITI
7-80. Declaration of graffiti as a public nuisance
7-82. Graffiti prohibited
7-83. Graffiti removal
7-84. Removal of graffiti by private party
7-85. Removal of graffiti by city
7-86. Prohibition of specified graffiti implements in designated areas
7-87. Prohibition of sale of specified graffiti implements to minors
7-88. Required signs
7-89. Storage requirements for graffiti implements
7-91. Fine for violation
7-92. Liability for cost of graffiti abatement; lien procedures
7-93. Collection of graffiti abatement costs through the juvenile court
ARTICLE VI. LARGE PARTIES, GATHERINGS OR ASSEMBLAGES ON PRIVATE PROPERTY
7-101. Prohibited parties, gatherings or assemblages
7-102. Issuance of written warning
7-103. Content of warning
7-104. Costs for special response services
7-105. Collection of costs
7-106. Debt owed to city
ARTICLE VII. NEWSRACKS
7-113. Regulations for newsracks located on public property
7-114. Application for newsrack permit
7-115. Indemnity; insurance
7-116. Identification decal
7-117. Newsrack removal
ARTICLE VIII. OFFENSES
7-125. Consumption and possession of alcohol
7-126. Community events exception
7-127. Terminal sale; defined
7-128. Permit required; exceptions
7-129. Prohibited conduct
7-130. Golf clubs in public parks
7-131. Warning of approach of law enforcement officers prohibited
7-132. Obstruction of movement on public ways
7-133. Begging prohibited
7-134. Proprietor responsible
7-135. Parades prohibited without permit
7-136. Parks to be closed at dusk; violation
7-137. Application for permission to be in a park or recreation area
7-138. Sale of confection, candy, liquid or other refreshment in wax containers prohibited
7-139. Uncapped well prohibited
7-140. Abatement by city
7-141. Discharge of firearms and other weapons
7-141.1. Reporting lost or stolen firearms
7-142. Interference with police service dogs prohibited
7-143. Urination and defecation prohibited in public
7-144. Skateboarding, bicycling, roller skating, inline skating or razor scooting in public parking lots and on private property
7-145. Use of off-street parking
7-146. Trespassing on River Ridge Golf Course
7-147. Taking off or landing of ultralight vehicles
7-148. Alcohol consumption by minors prohibited – purpose and intent
7-148.2. Consumption of alcohol by minor prohibited in public place, place open to public, or place not open to public
7-148.3. Hosting, permitting, or allowing a party, gathering, or event where minors consuming alcoholic beverages prohibited
7-148.4. Protected activities
7-148.6. Civil liability for enforcement services
7-148.7. Reimbursement for cost of enforcement services
7-148.8. Reservation of legal options
7-148.9. Administrative hearings
7-148.10. Hearing procedures
7-148.12. Judicial review
7-148.13. Collection of delinquent fines
7-149. Residential yard sales
ARTICLE IX. PROPERTY CONSERVATION
7-150. Findings, purpose, and intent
7-151. Nuisances; general
7-152. Attractive nuisances
7-153. Appeal officer
7-154. Notices to abate; voluntary abatement; appeal
7-155. Appeal procedure
7-156. Abatement by city
7-157. Abatement and related administrative costs incurred by city
7-158. Abatement and related administrative costs as lien
7-160. Judicial remedies
ARTICLE X. SHOPPING CARTS
7-165. Declaration of public nuisance
7-167. Abandoned shopping cart
7-168. Administration and enforcement
7-169. Assessments for shopping cart removal; notice, hearings, sale
7-170. Identification by owner
7-171. Removal from premises prohibited; exceptions
7-172. Abandonment prohibited
7-173. Unlawful possession
ARTICLE XI. SOUND REGULATION
7-180. Declaration of policy
7-181. Excessive sound as public nuisance
7-183. Decibel measurement criteria
7-184. Designated sound zones
7-185. Exterior sound standards
7-186. Interior sound standards
7-187. Sound level measurement
7-188. Exemptions for specified activities
7-189. Air conditioning and refrigeration systems
7-190. Broadcasting in certain areas
7-191. Penalties for violations on public property
7-193. Conviction; misdemeanor
7-194. Lien on property
ARTICLE XI. INLAND WATERWAYS
DIVISION 1. IN GENERAL
7-201. Seaworthiness required
7-202. Public way; watercourse identification
7-203. City manager's powers
7-204. Public access; permits for special events
7-205. Marking, removing sunken vessels
7-206. Responsibility of owner
DIVISION 2. REGULATION OF VESSELS
7-210. Operation of vessels
7-211. Living aboard and discharge of refuse prohibited
7-212. Moorage; abandonment of vessels; obstruction
7-213. Disposition of abandoned, stray, grounded or sunken vessels
7-214. Use of inflammables on moored vessel
DIVISION 3. REGULATION OF CONDUCT
7-220. Unauthorized boarding or tampering with vessels
7-221. Commercial activity; moorage of commercial vessel; dock rental
7-222. Limited commercial moorage permit
7-223. Docking permit required; issuance; prohibited activities
7-224. Revocation of permits
7-225. Request for public hearing
7-226. Hearing procedures
7-228. Judicial action
7-229. Fishing restricted
7-230. Construction of floats and structures; dredging
7-231. Storage on floats and seawalls
7-232. Prohibited activities
7-233. Permit fees
ARTICLE XIII. GRANDFATHERED ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES
7-242. Declaration of nuisance
7-243. Unlawful to maintain nuisance
7-245. Form of notice
7-246. Abatement by owner
7-247. Appeal of notice
7-249. Conduct of hearing
7-251. Judicial action
7-252. Abatement by city
7-253. Cost of abatement by city
7-254. Cost of abatement as lien
7-254. Cost report
7-256. Hearing on cost report; imposition of special assessment
ARTICLE XIV. REGULATION OF PRIVATE PATROL OPERATORS, PROPRIETARY PRIVATE SECURITY OFFICERS, AND SECURITY OFFICERS
7-262. Reports of violations of laws
ARTICLE XV. PUBLIC LIBRARY RULES OF CONDUCT AND EXCLUSION PROCESS
7-272. Rules of conduct
7-273. Rules of conduct enforcement
7-274. Appeal procedure
7-275. Violation of warning or exclusion notice
ARTICLE XVI. CANNABIS AND MEDICAL CANNABIS ACTIVITIES
7-281. Cannabis dispensaries and medical cannabis dispensaries prohibited
7-282. Cannabis cultivation prohibited
7-283. Recreational cannabis delivery prohibited
7-284. Medical cannabis delivery
ARTICLE XVII. REGULATION OF SMOKING
7-291. Smoking regulations
7-292. Other restrictions
7-293. Posting of signs
ARTICLE XVIII. ORMOND BEACH REGULATIONS
7-300. Purpose and scope
7-301. Prohibited activities
7-303. Other applicable laws
ARTICLE XIX. RECORDING NOTICES OF VIOLATIONS
7-311. Qualifying violations
7-313. Service of notice of violation
7-314. Appeal process
7-315. Appeal hearing
7-316. Notice of compliance
7-317. Prohibition against issuance of city permits
ARTICLE XX. REGULATIONS ON CAMPING
7-327. Camping in public areas prohibited
7-328. Removal and storage of personal property
ARTICLE XXI. PARK AND PARK FACILITY EXCLUSION
7-337. Exclusion authorization and database
7-338. Exclusion period
7-339. Exclusion notice
7-340. Administrative review and administrative hearing
ARTICLE XXII. PROHIBITION ON AGGRESSIVE PANHANDLING AND SOLICITATION
7-352. Prohibition on aggressive panhandling
7-353. Locations where solicitation is prohibited
ARTICLE I. GENERAL PROVISIONS
The city council declares that the following things, conditions, acts or omissions are nuisances and authorizes the city manager to abate any such nuisance in accordance with the procedures set forth in this chapter.
(A) All weeds growing upon any private property or sidewalks or streets adjacent to private property having attained such a large growth and being dry as to become a fire menace or are otherwise noxious or dangerous.
(B) All rubbish, dirt and tree leaves found upon private property or sidewalks or streets adjacent to private property which are dangerous or injurious to neighboring property or the public health and welfare.
(C) Any structure, grass, dirt, or thing which in any manner interferes with, obstructs or endangers the free passage of pedestrians or vehicles upon, along or in public sidewalks, alleys, thoroughfares, buildings, parks or places.
(`64 Code, Sec. 19-1) (Ord. No. 1898, 2399)
WEEDS includes all of the following:
(A) Plants which bear seeds of a downy or wingy nature;
(B) Sagebrush, chaparral, dry grass, stubble or brush; and
(C) Poison oak and poison ivy.
(`64 Code, Sec. 19-2) (Ord. No. 1898, 2061, 2399)
The owner of any property on or adjacent to which any nuisance is located shall promptly abate such nuisance.
(`64 Code, Sec. 19-3) (Ord. No. 1898, 2399)
The city manager may require the owner of any property, on or adjacent to which any nuisance is located, to abate the nuisance. The notice to abate nuisance shall be written and mailed to each person to whom such property is assessed in the last equalized assessment role available.
(`64 Code, Sec. 19-3.1) (Ord. No. 2399)
The form of notice shall be substantially similar to the following:
NOTICE TO ABATE NUISANCE
Please be advised that on , , (brief description of nuisance) was/were found upon or in front of the property located at , and that, pursuant to Chapter 7 of the Oxnard City Code, this constitutes a nuisance which must be abated. If the nuisance is not abated within ten days from the date of this notice, the city will abate the nuisance. The costs of such abatement shall be assessed upon the above described property and will constitute a lien upon such property until paid.
If any owner of such property has an objection to the proposed abatement, that owner shall file with the city clerk a written request for an appeal before a hearing officer within ten days of receiving this notice from the city manager.
Dated this day of , .
(`64 Code, Sec. 19-3.2) (Ord. No. 2399)
Upon receipt of a notice, the property owner may abate the nuisance at his/her own expense.
Nevertheless, in any case in which a notice to abate is issued, the city manager may impose a lien on the property limited to the costs incurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, preparation and service of notice, and other related costs (“notice costs”).
(`64 Code, Sec. 19-3.3) (Ord. No. 2399)
Any property owner having an objection to a notice to abate nuisance shall file with the city clerk a written request for an appeal before a hearing officer within ten days of receiving a notice from the city manager.
(`64 Code, Sec. 19-3.4) (Ord. No. 2399)
On receiving a request for an appeal hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly schedule and conduct the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the property owner.
(`64 Code, Sec. 19-3.5) (Ord. No. 2399)
(A) All hearings shall be open to the public.
(B) The property owner shall first present evidence to justify his or her failure to comply with the notice to abate nuisance. Thereafter, a representative of the city may present evidence. The burden of proof to justify noncompliance with the notice to abate nuisance is on the property owner.
(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(`64 Code, Sec. 19-3.6) (Ord. No. 2399)
Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the property owner a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall serve a copy of such decision on the city manager. If, after an appeal hearing, the hearing officer reduces the abatement requirements of the notice, the decision of the hearing officer shall be final.
(`64 Code, Sec. 19-3.7) (Ord. No. 2399)
The property owner may seek judicial review of the decision of the hearing officer in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 19-3.8) (Ord. No. 2399, 2493)
If the nuisance is not abated within the time specified in the notice, or within ten days from the date of the denial of a property owner's appeal, the city manager shall abate the nuisance.
(`64 Code, Sec. 19-3.9) (Ord. No. 2399)
The costs of abatement of a nuisance, including notice costs and appeal costs, if any, shall be paid by the person creating, causing, committing or maintaining the nuisance and shall be collectible by the city as a civil debt.
(`64 Code, Sec. 19-3.10) (Ord. No. 2399)
The costs of abatement, including notice costs and appeal costs, if any, shall be a lien against the property on which such nuisance is maintained or against the property adjacent to the place where such nuisance exists, as well as a personal obligation of the owner of such property.
(`64 Code, Sec. 19-3.11) (Ord. No. 2399)
The city manager shall prepare a nuisance abatement cost report containing the following information:
(A) Description of the property on which the nuisance exists or which is adjacent to the place on which the nuisance exists;
(B) The name and address of the person creating, causing, committing or maintaining the nuisance;
(C) Name and address of the owner of the property;
(D) Date of serving notice;
(E) Date of hearing and decision on appeal, if any; and
(F) Costs of abatement, including notice costs and appeal costs.
(`64 Code, Sec. 19-3.12) (Ord. No. 2399)
The city manager shall post the cost report for at least three days prior to its submission to the city council on or near the city council chambers, with a notice of the time of submission.
(`64 Code, Sec. 19-3.13) (Ord. No. 2399)
At a public hearing, the city council shall consider the cost report with any objections of any property owner liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.
(`64 Code, Sec. 19-3.14) (Ord. No. 2399)
Upon approval by the city council, the city manager shall file a certified copy of the cost report with the county auditor. The city manager shall request the county auditor to enter each assessment on the county tax roll and to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes.
(`64 Code, Sec. 19-3.15) (Ord. No. 2399)
ARTICLE II. ABANDONED MOTOR VEHICLES
The city council finds that the accumulation or storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof (“abandoned vehicles”) on private or public property, not including highways, creates a condition that reduces the value of private property, promotes blight and deterioration, invites plundering, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, creates a harborage for rodents and insects and is injurious to the health, safety and general welfare. Therefore, any abandoned vehicle, on private or public property, not including highways, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this article.
(`64 Code, Sec. 19-23) (Ord. No. 2410)
For the purposes of this article, the following words shall have the following meanings:
(A) HIGHWAY - Any place publicly maintained and open to the use by the public for vehicular travel.
(B) OWNER - The person shown on the last equalized assessment roll as owner of the property on which an abandoned vehicle is located.
(C) VEHICLE - Any device that may propel any person or property upon a highway, except any device moved by human power or used exclusively upon stationary rails or tracks.
(D) VEHICLE OWNER - The last registered owner or legal owner of record of an abandoned vehicle.
(`64 Code, Sec. 19-24) (Ord. No. 2410)
This article does not apply to:
(A) A vehicle or parts thereof that is completely within an enclosed structure or that is located behind a solid fence six feet or more in height and not visible from public or private property.
(B) A vehicle or parts thereof that is stored in a lawful manner in connection with the business of a licensed dismantler, vehicle dealer, or junk dealer, or when such storage is necessary to the operation of a lawfully conducted business or commercial enterprise.
(C) These exceptions shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this article.
(`64 Code, Sec. 19-25) (Ord. No. 2410)
This article shall be administered and enforced by the city manager.
(`64 Code, Sec. 19-26) (Ord. No. 2410)
In the enforcement of this article, any authorized city employee or contractor may enter upon private property to examine an abandoned vehicle, or obtain information as to the identity of an abandoned vehicle or to abate an abandoned vehicle.
(`64 Code, Sec. 19-27) (Ord. No. 2410)
The city council may by resolution determine and fix an amount to be assessed as administrative costs and the cost of abatement of an abandoned vehicle. In any case in which a ten-day notice of intention to abate is issued, the city manager may impose a lien on the subject property limited to the costs incurred by the city in the abatement of the abandoned vehicle, including towing, and the costs of investigation, clerical, preparation and service of notice, and other related costs (“administrative costs”).
(`64 Code, Sec. 19-28) (Ord. No. 2410)
The city manager shall have the authority to abate an abandoned vehicle on private property or public property.
(`64 Code, Sec. 19-29) (Ord. No. 2410)
(A) Prior to abatement of an abandoned vehicle, the city manager shall serve a ten-day notice of intention to abate such vehicle on the owner. The ten-day notice of intention to abate shall be mailed by registered or certified mail to the owner.
(B) If the identification numbers are available to determine ownership, prior to abatement of an abandoned vehicle, the city manager shall serve a ten-day notice of intention to abate such vehicle owner. The ten-day notice of intention to abate shall be mailed, by registered or certified mail, to the vehicle owner.
(C) In all cases, the city manager shall post the ten-day notice of intention on the vehicle.
(D) The notice shall contain a statement of the hearing rights of the owner and the vehicle owner. The notice shall inform the owner and vehicle owner that he/she may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of such vehicle on the property, with his/her reasons for such denial, in lieu of appearing.
(`64 Code, Sec. 19-30) (Ord. No. 2410)
(A) A ten-day notice of intention is not required if the owner has signed a disclaimer/waiver of liability and/or the vehicle owner has signed a release of interest waiving further interest in the abandoned vehicle.
(B) The ten-day notice of intention is not required if the abandoned vehicle is inoperable due to the absence of a motor, transmission, or wheels, or is incapable of being towed, or is valued at less than $200 (“low valued vehicle”) by an authorized city employee, and is determined by the city manager to present an immediate threat to public health or safety.
(C) This section applies only to abandoned vehicles located upon property that is zoned for agricultural use or not improved with a residential structure.
(`64 Code, Sec. 19-31) (Ord. No. 2410)
(A) Prior to final disposition of a low valued vehicle, which evidence of registration was covered pursuant to section 7-41, the city manager shall provide a notice to such vehicle owner of the city's intent to dispose of such vehicle. The notice shall be mailed by registered or certified mail to the vehicle owner.
(B) If such vehicle is not claimed and removed within 12 days after the notice is mailed, from a location specified in Cal. Vehicle Code, Section 22662, the city manager may proceed with final disposition. The city or contractor shall not be liable for damage caused to such vehicle disposed of pursuant to this section.
(`64 Code, Sec. 19-32) (Ord. No. 2410)
All notices required by this article shall be in a form as approved by the city attorney.
(`64 Code, Sec. 19-33) (Ord. No. 2410)
(A) A request for hearing shall be filed with the city clerk. Upon receiving a request for hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly schedule and conduct a hearing.
(B) The hearing officer shall mail the notice of the hearing at least ten days before the hearing to the owner and to the vehicle owner, unless the identification numbers are not available to determine vehicle ownership.
(C) If a timely request for a hearing is not received, the city manager shall have the authority to abate the abandoned vehicle without holding a public hearing.
(`64 Code, Sec. 19-34) (Ord. No. 2410)
(A) All hearings shall be open to the public.
(B) The owner or vehicle owner may first present evidence to justify his/her failure to comply with the ten-day notice of intention to abate nuisance. This evidence may be presented by live testimony or sworn written statement. Thereafter, a representative of the city may present evidence.
(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(`64 Code, Sec. 19-35) (Ord. No. 2410)
Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the owner and/or vehicle owner a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall serve a copy of such decision on the city manager. The decision of the hearing officer shall be final and shall exhaust available administrative remedies.
(`64 Code, Sec. 19-36) (Ord. No. 2410)
The owner and/or vehicle owner may seek judicial review of the decision of the hearing officer in accordance with the Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 19-37) (Ord. No. 2410, 2493)
(A) Five days from the date of mailing of notice to the owner and/or vehicle owner of a decision of the hearing officer that an abandoned vehicle is a public nuisance, the city manager may abate such vehicle.
(B) After the city manager abates a vehicle no person thereafter shall reconstruct or make operable the vehicle, unless the vehicle qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Cal. Vehicle Code, Section 5004, in which case the vehicle may be reconstructed or made operable.
(`64 Code, Sec. 19-38) (Ord. No. 2410)
Within five days after the date of abatement of an abandoned vehicle, the city manager shall provide notice to the department of motor vehicles identifying such vehicle and any evidence of registration available, including but not limited to, the registration card, certificate of ownership, or license plate of such vehicle.
(`64 Code, Sec. 19-39) (Ord. No. 2410)
If the administrative costs and the cost of abatement that are charged against the owner are not paid within 30 days of the date of the decision of the hearing officer, such costs plus the administrative costs of assessment shall be assessed against the property pursuant to Cal. Gov't Code, Section 38773.5. All such costs shall have the same priority as city taxes.
(`64 Code, Sec. 19-39.1) (Ord. No. 2410)
ARTICLE III. CIVIL FINES
(A) This chapter makes a violator of any code provision subject to a civil fine.
(B) By adopting this chapter, the city council does not intend to limit the discretion of an enforcement officer to impose any remedy available, civil or criminal, for violations of the code.
(C) The issuance of a civil citation shall be solely at the discretion of the enforcement officer and shall be one of several remedies available to the enforcement officer.
(D) Notwithstanding any lease, license or any other instrument or agreement, the owner of real property has the right to enter upon his/her own property to the extent reasonably necessary to abate any public nuisance or to correct any violation of the code existing thereon.
(E) The provisions of this chapter shall be an implied term of any instrument affecting the right to possession of real property located in the city.
(F) Because violations of the code may seriously impact the health, safety and welfare of the general public, this chapter imposes strict civil liability upon violators of the code.
(G) There shall be a rebuttable presumption that the record owners of a parcel according to the last equalized assessment roll and a lessee or sublessee of a parcel have notice of any code violation existing on the parcel.
(`64 Code, Sec. 21-1) (Ord. No. 2488)
For the purpose of this article, the following words shall have the following meanings:
(A) BUILDING CODE VIOLATION - Any violation of a code adopted by the city as set forth in Chapter 14 of this City Code.
(B) CODE VIOLATION - Any violation of the code or other ordinance.
(C) CITY MANAGER - The city manager or designee.
(D) CIVIL CITATION - A notice issued by an enforcement officer pursuant to this chapter that there has been a violation of the code.
(E) ENFORCEMENT OFFICER - An individual designated by the city manager to enforce the provisions of this chapter.
(F) HEARING OFFICER - The individual designated by the city manager to serve as the hearing officer for administrative hearings.
(G) ISSUANCE DATE - The day a civil citation is personally served on a responsible person, is mailed to a responsible person, or is posted on real property where a property related violation occurs.
(H) ISSUED - The giving, mailing, or posting of a civil citation.
(I) NOTICE OF DECISION - A notice that informs a responsible person of a decision made regarding provisions of this chapter.
(J) RESPONSIBLE PERSON - Any of the following:
(1) An individual causing or committing a code violation;
(2) An individual, by his/her action or failure to act, maintains or allows a code violation to continue;
(3) An individual whose agent, employee, or independent contractor causes or commits a code violation by his/her action or failure to act;
(4) An owner of or a lessee or sublessee with the current right of possession of real property on which a code violation occurs;
(5) An on-site manager of a business customarily working daily at the site when the business is open and responsible for the activities at such business; and
(6) A natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
(`64 Code, Sec. 21-2) (Ord. No. 2488, 2764)
(A) After determining that a responsible person has violated a provision of the code, an enforcement officer may issue a civil citation to that person.
(B) If, following an investigation, the enforcement officer has determined that a responsible person committed a code violation, an enforcement officer may issue a civil citation for a violation the officer did not see occur.
(C) A responsible person receiving a civil citation shall be liable for and shall pay to the city the fine imposed in the civil citation on the date specified in the civil citation.
(D) Every individual who applies for and receives a permit, license, or other approval (e.g., subdivision map, special use permit, variance, zoning clearance), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If an individual violates any condition of such permit, license or other approval, an enforcement officer may issue such individual a civil citation and that individual shall be liable for payment of any civil fines.
(E) Each day a responsible person allows a code violation to exist shall be a separate violation and that person shall be subject to a separate fine.
(F) A civil citation may charge a code violation for one or more days on which a violation exists and for violation of one or more code sections.
(G) The city council, hearing officer or staff may consider the fact that an individual has been issued civil citations when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval for the individual and such civil citation is evidence that the individual has committed acts that are a threat to the health, safety and welfare of the general public.
(`64 Code, Sec. 21-3) (Ord. No. 2488)
(A) When a responsible person is issued a notice of a building code violation that does not create an immediate danger to health or safety, the enforcement officer shall provide a 14-day correction period to allow the responsible person time to correct the violation. Notwithstanding section 7-52, no responsible person issued a notice of a building code violation shall be issued a civil citation unless the violation continues after the 14 days allowed for its correction, including any extensions granted.
(B) A responsible person issued a notice of a building code violation may request an extension of the correction period provided that such request is filed with the city manager prior to the expiration of the original 14-day period.
(C) The city manager may grant a reasonable extension of the period of time to correct a violation if the responsible person has submitted substantial evidence showing that the correction cannot be made within the 14-day period. The city manager's decision to grant or deny the request for an extension shall be in writing and shall be final.
(D) The filing for an extension does not, unless granted, extend the 14-day correction periods.
(E) If a building code violation has not been corrected by the end of the correction period, the enforcement officer may issue a civil citation. The enforcement officer may issue additional citations and impose fines for every day the building code violation continues uncorrected from the date the civil citation is issued.
(`64 Code, Sec. 21-4) (Ord. No. 2488, 2764)
(A) Every civil citation shall contain the following:
(1) Name of the responsible person;
(2) Date on which an inspection established the code violation;
(3) The code section violated;
(4) Address where the code violation occurred;
(5) Description of the code violation;
(6) The amount and effective date of the fine;
(7) Procedures to pay the fine;
(8) For building code violations, the date that the 30-day correction period expires and the procedure to request an extension of the 30-day period;
(9) Description of the procedure for requesting a waiver of fine deposit and administrative hearing to contest a civil citation;
(10) Hearing date, time and location in the event that a responsible person requests a hearing regarding the waiver of fine deposit and/or an administrative hearing;
(11) A statement that the code violation is a public nuisance and that collection of any unpaid fines and/or nuisance abatement costs may be placed as a special assessment or lien against the property where a violation occurs;
(12) Signature of the enforcement officer issuing the civil citation;
(13) Date of issuance; and
(14) Any other information deemed necessary by the city attorney for enforcement or collection purposes.
(B) A self-addressed envelope in which the responsible person may mail to the city the fine or request a hearing regarding the waiver of fine deposit and/or an administrative hearing shall accompany any civil citation.
(`64 Code, Sec. 21-5) (Ord. No. 2488)
A civil citation may be served as follows:
(A) An enforcement officer may personally serve the civil citation on the responsible person.
(B) A citation may be mailed by first class mail, postage prepaid, to the responsible person's last known address. For a property related violation, an address shown on the county's last equalized property tax assessment rolls is deemed to be a valid address for service. For all other violations, any address known for the responsible person is deemed to be a valid address for service. A declaration of service shall be completed and attached to the copy of the citation mailed to the responsible person.
(C) In the case of a property related code violation, an enforcement officer may post the property in a conspicuous location with a copy of the citation. A copy of the citation shall also be mailed to the responsible person's last known address. An address shown on the county's last equalized property tax assessment rolls is deemed to be a valid address for service.
(D) Service is deemed accomplished on the date the citation is personally served, mailed, or posted in accordance with this section.
(`64 Code, Sec. 21-6) (Ord. No. 2488, 2824)
(A) The amount of the fines imposed for violating provisions of the code shall be established in a schedule of fines adopted by resolution of the city council. The schedule of fines may include escalating fine amounts for repeat code violations occurring within specified periods of time.
(B) The schedule of fines may specify the amount of interest and penalties owed for any fine not timely paid.
(`64 Code, Sec. 21-7) (Ord. No. 2488)
(A) Fines are due on the day specified in the civil citation or, in the event of an appeal, on the date specified by the hearing officer.
(B) Fines shall be paid in a manner as specified on the civil citation issued to the responsible person.
(C) Payment of a fine shall not excuse the responsible person from correcting the code violation or abating a public nuisance. The issuance of a civil citation and/or payment of a fine does not bar the city from pursuing any other enforcement action regarding a code violation that is not corrected, including issuing additional civil citations and/or criminal complaints.
(`64 Code, Sec. 21-8) (Ord. No. 2488, 2764)
(A) If the request is made within 14 days of the date the civil citation is issued, any responsible person issued a civil citation may request a preliminary review.
(B) A request for preliminary review shall be made on a preliminary review request form and shall include all information that the responsible person desires the individual conducting the preliminary review to consider. The request for preliminary review shall be filed with the city manager.
(C) The preliminary review shall be conducted by an individual designated in writing by the city manager. The purpose of the preliminary review is to identify and dismiss any improperly issued civil citation.
(D) The preliminary review shall include a review of the civil citation, a review of the written request for preliminary review and a review of any evidence submitted by the responsible person.
(E) The responsible person shall be notified of the results of the preliminary review within ten working days of submitting a preliminary review request form. The decision at the preliminary review shall not be subject to judicial review.
(F) A request for preliminary review shall not extend any time periods for compliance, the due date of any fine imposed, or the time to request an administrative hearing.
(G) If the individual conducting the preliminary review concludes that no code violation occurred or that the individual was not responsible for the code violation, the civil citation shall be dismissed, without prejudice.
(`64 Code, Sec. 21-9) (Ord. No. 2488, 2764)
(A) A responsible person requesting an administrative hearing may also request a waiver of the fine deposit. The request for waiver of fine deposit must be received by the city manager within 30 days of the issuance of the civil citation. The city manager shall designate an address to submit or mail requests for waivers of fine deposits.
(B) The hearing officer shall set the date, time, and location for hearings regarding requests for waivers of fine deposits. A responsible person requesting a waiver of a fine deposit bears the burden of establishing by substantial evidence that he/she does not have the financial ability to deposit the fine. Unless the hearing is otherwise continued, failure of the responsible person to attend the hearing shall constitute an abandonment of the request for a waiver of the fine deposit.
(C) All requests for waiver of the fine deposit shall be granted or denied by the hearing officer at the hearing. At the conclusion of the hearing, the hearing officer shall set the date for the administrative hearing which shall be within 45 days of the conclusion of the hearing regarding the request for waiver of the fine deposit. A copy of the notice of decision shall be delivered or mailed to the responsible person within five working days of the conclusion of the hearing.
(D) If the waiver is denied, the responsible person shall deposit the fine amount within 30 days of the date on the notice of decision. Failure of a responsible person to make the deposit within the time required shall be deemed an abandonment of the administrative hearing.
(E) A request for a waiver of the fine deposit does not extend any time periods set forth in this chapter, except the time for deposit of the fine. The hearing officer's decision shall be final and is not subject to judicial review.
(`64 Code, Sec. 21-10) (Ord. No. 2488, 2764)
(A) A responsible person receiving a civil citation may request an administrative hearing. Any request for an administrative hearing shall be filed with the city manager within 30 days of the issuance of the civil citation. The city manager shall designate an address to submit or mail requests for administrative hearings.
(B) A request for an administrative hearing shall be made on an administrative hearing request form and shall include the grounds for requesting an administrative hearing. The request shall be accompanied by a deposit of the fine amount imposed in the civil citation.
(C) The hearing officer shall set the date, time, and location for administrative hearings. Unless the hearing is otherwise continued, a responsible person requesting an administrative hearing shall attend the hearing on the date, time, and location set by the hearing officer. Failure to attend the hearing shall constitute an abandonment of the request for an administrative hearing.
(`64 Code, Sec. 21-11) (Ord. No. 2488, 2764)
(A) The administrative hearing shall be conducted by a hearing officer on the date, time, and location set by the hearing officer.
(B) The city manager shall ensure that all information relevant to the civil citation is provided to the hearing officer prior to the hearing date. The city manager shall provide the responsible person with a copy off all information provided to the hearing officer.
(C) The responsible person shall be allowed to testify and to present evidence relevant to any financial hardship or any code violation specified in the civil citation.
(D) The civil citation and any other reports prepared by the enforcement officer concerning the code violation or attempted correction of the code violation provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and of the facts stated in such documents.
(E) Neither the enforcement officer nor any other representative of the city shall be required to attend an administrative hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the civil citation. The enforcement officer may, in his/her discretion, appear at an administrative hearing and/or submit additional evidence.
(F) If a request is made by the responsible person or a representative of the city setting forth good cause for a continuance, the hearing officer may continue an administrative hearing.
(G) If a continuance is granted, a new hearing date shall be set within 45 days and shall be specified in the notice of continuance. If a continuance is denied, the administrative hearing shall proceed as scheduled. The decision of the hearing officer to grant or deny a continuance shall be final and is not subject to judicial review.
(H) An administrative hearing shall be conducted informally without strict adherence to the legal rules of evidence.
(I) Failure of the responsible person to appear at a hearing shall constitute an abandonment of the hearing and a failure to exhaust administrative remedies concerning the violation set forth in the civil citation. Failure to appear by the responsible person shall be noted on the notice of decision by the hearing officer which will be mailed to the responsible person.
(J) The hearing officer may continue any hearing to request additional information from the enforcement officer, the responsible person, or representatives of such persons prior to issuing a written decision. The hearing officer is not required to continue the hearing on the date the administrative hearing is held. A hearing is not closed until the hearing officer receives any additional information requested pursuant to this subdivision.
(`64 Code, Sec. 21-12) (Ord. No. 2488, 2764, 2824)
(A) Within 15 working days after closing the hearing, the hearing officer shall issue a written decision to uphold or dismiss the civil citation. The decision of the hearing officer shall be final.
(B) The hearing officer may not increase or reduce any fine specified in a civil citation.
(C) The notice of decision shall be personally delivered or mailed to the responsible person.
(D) If the hearing officer dismisses the civil citation, the city shall, within 30 days of the date of the notice of decision, refund to the responsible person any fine deposited with the city.
(E) If the hearing officer upholds a civil citation when the fine deposit has been waived, the hearing officer shall specify in the notice of decision the due date for payment of the fine.
(`64 Code, Sec. 21-13) (Ord. No. 2488, 2824)
(A) The responsible person may seek judicial review of the hearing officer's decision by filing an appeal with the Ventura County Superior Court Clerk within 20 calendar days after the responsible person receives a copy of the notice of decision in accordance with Cal. Gov't Code, Section 53069.4. Any appeal filed with the superior court shall contain a proof of service showing that a copy of the appeal was served upon the city. The responsible person must pay the appropriate filing fees.
(B) Judicial review is not available for the following:
(1) An administrative decision at the conclusion of a preliminary review;
(2) An administrative decision regarding a request to extend the 14-day correction period for building code violations;
(3) An administrative decision regarding a waiver of the fine deposit; or
(4) An abandonment of an administrative hearing by a responsible person by failing to appear at the administrative fearing or failing to deposit the appropriate fine amount.
(C) Within 15 days of any request, the city attorney or designee shall forward to the superior court, the appropriate notice of decision and civil citation for any matter appealed to the superior court. If the superior court reverses any decision of the hearing officer, the city shall refund the superior court filing fee and any fine deposit paid by a responsible person.
(`64 Code, Sec. 21-14) (Ord. No. 2488, 2764)
(A) The city manager may pursue any and all legal and equitable remedies for the collection of delinquent fines, including interest and penalties.
(B) If an individual has any delinquent fines, interest, penalties, liens or assessments, the city manager may refuse to issue, extend, or renew a permit, license, or other approval pertaining to the property that is the subject of the civil citation and delinquent fines.
(C) The city attorney may issue a criminal citation or complaint against any responsible person not timely paying any fine due to the city.
(D) Any code violation shall constitute a public nuisance. To gain compliance, the city manager may seek to abate the public nuisance and collect the costs incurred by the city by recording a nuisance abatement lien and/or special assessment against the property where a property-related code violation occurred pursuant to Cal. Gov't Code, Sections 38773.1 and 38773.5.
(E) Any delinquent fines, interest and penalties may be recovered as a lien or special assessment against the property of the responsible person.
(F) Prior to recording a lien or special assessment, the city manager shall prepare a cost report itemizing the amount owed by the responsible person.
(G) The city manager shall notify each responsible person of the time, date and location that the city council shall consider any cost report imposing a lien or special assessment on the property of the responsible person.
(H) At a public hearing, the city council shall consider the cost report with any objections of any responsible person liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.
(I) Upon approval by the city council, the city manager shall file a certified copy of the cost report with the county auditor. The city manager shall request the auditor to enter each assessment on the county tax roll and to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes.
(`64 Code, Sec. 21-15) (Ord. No. 2488, 2764)
ARTICLE IV. CURFEW
For purposes of this article, the following words have the following meanings:
(A) CURFEW HOURS - The time between 10:00 p.m. and 6:00 a.m. of the following day.
(B) EMERGENCY - An unforeseen combination of circumstances or the resulting state that calls for immediate action, including but not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(C) ESTABLISHMENT - Any privately-owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.
(D) GUARDIAN -
(1) A person who, under court order, is responsible for the care and maintenance of a minor; or
(2) A public or private agency with whom a minor has been placed by a court.
(E) MINOR - Any person under the age of 18 years.
(F) OPERATOR - Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment, including the members of partners of an association or partnership and the officers of a corporation.
(G) PARENT - A person who is:
(1) A natural parent, adoptive parent, or step-parent of another person; or
(2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
(H) PUBLIC PLACE - Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, office buildings, transport facilities, and shops.
(I) REMAIN -
(1) To stay behind, to linger and to stay unnecessarily upon the streets, including the congregating groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets for one of the exemptions listed in this chapter.
(2) To fail to leave premises when requested to do so by a law enforcement officer or the owner, operator, or other person in control of premises.
(`64 Code, Sec. 20-9) (Ord. No. 2452)
No minor shall be in or remain in or upon public property, a public place, on the premises of any establishment or vacant lot within the city during curfew hours.
(`64 Code, Sec. 20-10) (Ord. No. 2452)
This prohibition set out in section 7-71 shall not apply if the minor is:
(A) Accompanied by his/her parent or guardian;
(B) On an emergency errand or legitimate business directed by his/her parent or guardian;
(C) Going directly to, returning directly home from, or attending a meeting, entertainment or recreational activity supervised or sponsored by a local education authority or governmental agency;
(D) In a motor vehicle engaged in interstate travel;
(E) In the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the city about the minor's presence;
(F) Exercising First Amendment rights protected by the United States Constitution; or
(G) Present in or upon public property or a public place in connection with or required by some legitimate business, trade, profession or occupation in which the minor is lawfully engaged.
(`64 Code, Sec. 20-11) (Ord. No. 2452)
No parent or guardian shall permit a minor to do any of the acts prohibited in section 7-71.
(`64 Code, Sec. 20-12) (Ord. No. 2452)
ARTICLE V. GRAFFITI
The city council hereby finds and determines that graffiti is a public nuisance and that the health, safety and welfare of the city’s residents shall be furthered by the establishment of a graffiti prohibition and removal program; sales, possession, and storage regulations for graffiti implements; and a reward for apprehension of persons damaging, destroying, or defacing public or private property.
(`64 Code, Sec. 19-4.1) (Ord. No. 2330, 2708)
For purpose of this article, the following words shall have the following meanings:
(A) ADHESIVE STICKERS - Any piece of paper, fabric, plastic, or other material with an adhesive, paste or gummed backing, which, when applied or affixed to any surface, either creates a permanent contact or is not easily removable without the use of solvents.
(B) AEROSOL PAINT CONTAINER - A container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint or other substances capable of defacing property.
(C) DEFACEMENT - The intentional altering of the physical shape or physical appearance of property without the prior written consent of the owner.
(D) ETCHING CREAM - Any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of marking, defacing, damaging, or destroying glass, plastic, wood, metal, or concrete surfaces in a manner similar to acid.
(E) ETCHING TOOL - Any sharp or pointed instrument that is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including, but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, or acid etching solution.
(F) GRAFFITI - Any unauthorized inscription, word, figure, mark, adhesive sticker, or design that is written, marked, etched, scratched, drawn, painted, labeled, pasted, applied, or affixed on any real or personal property of another.
(G) GRAFFITI IMPLEMENT - An adhesive sticker, an aerosol paint container, etching cream, an etching tool, an indelible marker, a paint stick, a graffiti stick, a spray actuator, or any other device or instrument capable of creating graffiti.
(H) INDELIBLE MARKER - Any device containing fluid that is not soluble in water and has a writing surface for applying such fluid.
(I) MINOR - A person less than 18 years of age.
(J) PAINT STICK or GRAFFITI STICK - A device containing a solid form of paint, chalk, wax, epoxy, or other similar substance that is not soluble in water, is capable of being applied to a surface by pressure, and upon application, leaves a mark.
(K) RESPONSIBLE ADULT - A parent, legal guardian or teacher of a minor.
(L) SPRAY ACTUATOR - An object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein.
(`64 Code, Sec. 19-4.2) (Ord. No. 2330, 2708, 2827)