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(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)
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