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(A) The hearing officer shall issue a notice of decision within five working days of the conclusion of the administrative hearing either upholding or dismissing 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 the civil citation.
(C) The notice of decision shall be personally delivered or mailed to the person who received the civil citation.
(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 person who received the civil citation any fine deposited with the city.
(Ord. No. 2734)
(A) The person who received the civil citation 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 said 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 person who received the citation must pay the appropriate filing fees.
(B) Judicial review is not available for an abandonment of an administrative hearing by a person who received a civil citation by failing to appear at the administrative hearing or failing to deposit the appropriate fine amount.
(C) Within 15 days of any request, the city attorney or his/her 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 the person who received the citation.
(Ord. No. 2734)
(A) The city manager may pursue any and all legal and equitable remedies for the collection of delinquent fines, including interest and penalties.
(B) Any delinquent fines, interest, and penalties may be recovered as a lien or special assessment against the property of the person who received the citation.
(C) Prior to recording a lien or special assessment, the city manager shall prepare a cost report itemizing the amount owed by the person who received the citation.
(D) The city manager shall notify the person who received the citation of the time, date, and location that the city council shall consider any cost report imposing a lien or special assessment on property of said person.
(E) At a public hearing, the city council shall consider the cost report with any objections of the person who received the citation liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.
(F) 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.
(Ord. No. 2734)
(A) For purposes of this section, a YARD SALE shall be defined as the public sale of items from a garage, carport, patio, driveway, front yard, side yard, or back yard of a residence.
(B) Yard sales shall be limited to no more than three per residence during a calendar year. No yard sale shall occur within 30 days from the last day of any previous yard sale held at the same residence.
(C) Each yard sale shall not exceed three consecutive days and shall be held only between the hours of 7:00 a.m. or sunrise, whichever is later, and 6:00 p.m. or sunset, whichever is earlier.
(D) Yard sale items shall not be displayed on or obstruct public streets, alleys, or sidewalks.
(E) Yard sale items shall be removed from public visibility at the end of each day said yard sale is held.
(F) Yard sale items shall be the personal property of the resident and shall have been used in the home of said resident. Items that were purchased, solicited, or made for the purpose of resale shall not be sold or displayed at any yard sale.
(G) The provisions of this section shall not apply to sales of personal property made under court order.
(Ord. No. 2825)
ARTICLE IX. PROPERTY CONSERVATION
(A) The city council finds as follows:
(1) Certain detrimental conditions of property are injurious or potentially injurious to the public health, safety and welfare. Such detrimental conditions contribute to the diminution of property values, to disproportionate expenditures of city funds for protection against hazards, crime, accidents, fires, and disease. Such detrimental conditions interfere with the city's and community's efforts to protect the community from matters that are offensive to the senses and that interfere with the comfortable enjoyment of life and property.
(2) Regulation of the uses and abuses of property as described herein reasonably relates to the proper exercise of police power to protect the public health, safety and welfare.
(3) Unless the city council undertakes corrective measures to alleviate such present and future detrimental conditions, the community's public services and quality of life will decline.
(4) The alleviation of such detrimental conditions will appreciate the values and appearance of property in the city, benefit the use and enjoyment of property in the city and will ultimately improve the city's tax base.
(B) This article is intended:
(1) To define as nuisances and attractive nuisances certain conditions that are harmful or detrimental to the health, safety, and welfare of the citizens of the city;
(2) To promote the sound maintenance of property and to enhance the livability, community appearance, and social, economic, and environmental conditions of the city; and
(3) To correct nuisances and attractive nuisances in a manner that affords due process to all parties.
(C) This article is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of any other laws, ordinances, or with private restrictions placed upon property by covenant, deed, or other private agreement or with restrictive covenants running with the land to which the city is a party.
(D) This article provides the minimum standards for maintenance of property in the city. Where this article imposes a greater restriction upon property or structures thereon than is imposed or required by existing provisions of law, ordinance, contract, or deed, the provisions of this article shall control.
(`64 Code, Sec. 19-62.1) (Ord. No. 2331)
Any person or entity owning, leasing, occupying, or having charge or possession of any real property maintained in such manner that any of the following conditions are found to exist thereon shall be guilty of creating a nuisance in violation of this code.
(A) Buildings or structures that are abandoned, partially destroyed, or left in an unreasonable state of partial construction, such as any unfinished building or structure that has been in the course of construction two years or more, and the appearance or other conditions of the unfinished building or structure substantially detracts from the appearance of the surrounding property or reduces property values of the surrounding property;
(B) Unpainted buildings or structures; buildings or structures having dry rot, warping, or termite infestation; or buildings or structures on which the condition of the paint or other exterior weather protection has become so deteriorated as to show excessive checking, cracking, peeling, chalking, or as to render the building or structure unsightly and in a state of disrepair;
(C) Buildings or structures with broken windows constituting hazardous conditions or inviting trespassers or malicious mischief;
(D) Buildings or structures with exteriors, walls, roofs, fences, driveways, sidewalks, or walkways that are in such a condition as to be defective, unsightly, or in such a condition of deterioration or disrepair as to cause depreciation of the values of surrounding property or as to be materially detrimental to surrounding property;
(E) The storage or accumulation of lumber, junk, trash, salvage materials or debris visible from a public street, public alley, or adjoining public or private property; (For the purpose of this subsection, the term “debris” shall include unused or discarded matter and material having no substantial market value, including (without limitation or exclusion by enumeration) such matter and material as: rubbish, refuse, and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, abandoned, wrecked, dismantled or inoperative vehicles, vehicle bodies or parts thereof, trimmings from plants or trees, cans, bottles, and barrels.)
(F) Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment that is visible from a public street, public alley, or adjoining public or private property;
(G) Construction equipment or machinery that is visible from a public street, public alley, or adjoining public or private property, except wile city-authorized and permitted excavation, construction, or demolition operations are in progress on the subject property or an adjoining property;
(H) Property maintained so out of harmony or conformity with the standards of surrounding property as to cause substantial diminution of the enjoyment, use, or values of such surrounding property;
(I) Dead, decayed, diseased, or hazardous trees, weeds, or overgrown vegetation, cultivated or uncultivated, that are likely to harbor rats or vermin, constitute a fire hazard, or constitute an unsightly appearance that is detrimental to surrounding property values;
(J) Materials or items of any nature on a rooftop that are visible from a public street, public alley, or adjoining public or private property, except if permitted by code for location on such rooftop;
(K) Any condition that violates any use permit approved by the planning commission or city council that relates to the appearance or maintenance of real property;
(L) Use of a trailer or camper for living or sleeping purposes, except in a licensed mobile home park;
(M) Use of a boat for living or sleeping purposes, except on a waterway;
(N) Any off-street parking facility that is not maintained as required at the time of the original construction or development, unless subsequently modified by permit;
(O) Any property containing a motor vehicle that has not been registered for operation on a public highway within the preceding six months, unless such vehicle is fully enclosed within a building or structure and is not visible from a public street, public alley, or adjoining public or private property. This section shall not apply to any commercial business or operation that has received all city approvals, licenses, and permits to conduct motor vehicle sales, repairs, assembly/disassembly, or storage of such vehicles and is operating in compliance with all the conditions of such approvals, licenses, or permits;
(P) Property maintained in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code, Section 3480.
(`64 Code, Sec. 19-62.2) (Ord. No. 2331)
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