SEC. 7-311. QUALIFYING VIOLATIONS.

   This article shall apply to serious property related violations of the city code, state code or any adopted uniform code. Serious property violations are defined as those affecting the health and safety of persons upon or near the property and other hazardous conditions related to structures. This article does not apply to minor non-hazardous violations or property maintenance violations that do not pose a threat to public health and safety. The code compliance manager (manager) shall make the qualifying violation determination pursuant to this article.

(Ord. No. 2919)

SEC. 7-312. PROCEDURES.

   (A)   Once the manager has issued a notice of violation to a responsible person for a qualifying violation, if the property remains in violation after the deadline established in the notice, the manager may record the notice of violation with the Ventura County Recorder’s office. For purposes of this article, the responsible person shall be as defined in Section 7-51(J) of this code.

   (B)   Before recordation, the manager shall provide the responsible person with the notice of violation which shall state that such notice will be recorded unless a written request to appeal the action is received pursuant to the procedures outlined in this article. The notice of violation shall be served in accordance with the methods set forth in Section 7-313.

   (C)   If a written request for appeal is not received within the time frame specified in the notice of violation, the manager may thereafter cause the notice of violation to be recorded if the violations remain.

   (D)   The recorded notice of violation shall include the following:

      (1)   The name of the responsible person;

      (2)   The name of the property owner, if different from the responsible person;

      (3)   Street address and parcel number;

      (4)   The code section(s) in violation;

      (5)   A description of the conditions which violates the applicable codes;

      (6)   A list of necessary corrections to bring the property into compliance;

      (7)   A deadline or specific date to correct the violations listed in the notice of violation, after which the notice of violation will be recorded;

      (8)   A description of the appeal process and a written appeal form.

(Ord. No. 2919)

SEC. 7-313. SERVICE OF NOTICE OF VIOLATION.

   The notice of violation shall be served in accordance with either division (A), (B), or (C) of this section:

   (A)   An enforcement officer may personally serve the notice of violation on the responsible person. A declaration of service shall be completed and attached to a copy of the notice of violation mailed to the responsible person via first class mail.

   (B)   An enforcement officer may post the property in a conspicuous location with a copy of the notice of violation. A copy shall also be mailed via certified mail 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.

   (C)   If the responsible person is not the property owner; the notice shall also be mailed via certified mail to the property owner.

   (D)   Service is deemed accomplished on the date the notice of violation is personally served or posted in accordance with this section.

   (E)   A copy of the notice of violation shall be mailed via first class mail to any mortgage holder, property manager, agent for service, or owner’s next of kin as applicable, but failure of one of these parties to receive notice shall not invalidate any action under this article.

(Ord. No. 2919)

SEC. 7-314. APPEAL PROCESS.

   (A)   An appeal of the manager’s notice of violation shall utilize the procedures and timelines set forth in Chapter 1, Article V of this code.

   (B)   Upon receiving a written appeal, the manager shall schedule a hearing pursuant to the procedures set forth in Section 1-58. The purpose of the hearing is for the responsible person or property owner to state any reasons why the notice of violation should not be recorded.

   (C)   The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.

(Ord. No. 2919)

SEC. 7-315. APPEAL HEARING.

   (A)   At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the city’s rules and procedures for administrative hearings, and that is relevant to the following issues:

      (1)   Whether the conditions listed in the notice of violation violate the city code, state code or any adopted uniform code; and

      (2)   Whether the manager afforded the responsible person with due process by adhering to the notification procedures specified in this article.

   (B)   If the hearing officer affirms the manager’s decision, the manager may proceed to record the notice of violation.

   (C)   If the hearing officer determines that recordation is improper, the hearing officer shall invalidate the manager’s decision to record the notice of violation.

(Ord. No. 2919)