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(A) If the Director determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.
(B) If full compliance is not achieved within the time-specified in the compliance order, the Director shall advise the secretary to the Appeals Hearing Board, established by resolution of the City Council, to set a hearing before the Board.
(C) The Appeals Hearing Board shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property 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.
('81 Code, § 1.14.050) (Ord. 1010, passed 10-21-96)
(A) Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the Appeals Hearing Board.
(B) 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.
(C) At the hearing, any person 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 subchapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies, and a waiver of the right to be heard by the Appeals Hearing Board.
('81 Code, § 1.14.060) (Ord. 1010, passed 10-21-96)
(A) At the place and time set forth in the notice of hearing, the Appeals Hearing Board shall conduct a hearing on the compliance order issued pursuant to § 11.42.
(B) Consistent with any rules and procedures it may adopt, the Board shall consider any written or oral evidence regarding the violation and compliance by the violator or by the real property owner.
(C) Within 15 days following the conclusion of the hearing, the Board shall make findings and issue its determination regarding:
(1) The existence of the violation;
(2) The failure of the violator or owner to take required corrective action within the required time period.
(D) The Board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.
(E) If the Board finds, by majority vote, 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 Board shall issue an administrative order.
(F) If the Board finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Board shall issue a finding of those facts.
('81 Code, § 1.14.070) (Ord. 1010, passed 10-21-96)
If the Appeals Hearing Board determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Board shall issue an administrative order described in § 11.46 which imposes any or all of the following:
(A) An order to correct, including a schedule for correction where appropriate;
(B) Administrative penalties as provided in § 11.48;
(C) Administrative costs as provided in § 11.49.
('81 Code, § 1.14.080) (Ord. 1010, passed 10-21-96)
(A) The Appeals Hearing Board 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, except that the total administrative penalty shall not exceed $100,000 exclusive of administrative costs, interest and restitution for compliance reinspections, or for any related series of violations.
(B) In determining the amount of the administrative penalty, the Board 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;
(7) Such other factors as justice may require.
(C) Administrative penalties imposed by the Board 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 Board.
(D) The Board, in its discretion, may suspend the imposition of applicable penalties for any period of time during which:
(1) The violator has filed for necessary permits; and
(2) Such permits are required to achieve compliance; and
(3) Such permit applications are actively pending before the city, state or other appropriate governmental agency.
(E) Administrative penalties assessed by the Board shall be due by the date specified in the administrative order.
(F) Administrative penalties assessed by the Board 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 Board'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 division (A) above.
(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.
('81 Code, § 1.14.090) (Ord. 1010, passed 10-21-96)
(A) The Appeals Hearing Board 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.
(B) The administrative costs may include any and all costs incurred by the city in connection with the matter before the Appeals Hearing Board including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, attorney fees and costs for all reinspections necessary to enforce the compliance order.
('81 Code, § 1.14.100) (Ord. 1010, passed 10-21-96)
Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the Appeals Hearing Board 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 are paid in full.
('81 Code, § 1.14.110) (Ord. 1010, passed 10-21-96)
Any person aggrieved by an administrative order of an Appeals Board hearing may obtain review of the administrative order by filing a motion for review with the Municipal Court in Ventura County in accordance with the timelines requirements and provisions set forth in Cal. Gov't Code § 53069.4.
('81 Code, § 1.14.120) (Ord. 1010, passed 10-21-96; Am. Ord. 1015, passed 7-7-97)
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