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(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)
The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to § 11.55.
('81 Code, § 1.14.130) (Ord. 1010, passed 10-21-96)
If the Director determines that compliance has been achieved after a compliance order has been sustained by the Appeals Hearing Board, the Director shall file a report indicating that compliance has been achieved.
('81 Code, § 1.14.140) (Ord. 1010, passed 10-21-96)
(A) If the Director does not file a report pursuant to § 11.53, a violator who believes that compliance has been achieved may request a compliance hearing before the Appeals Hearing Board by filing a request for a hearing with the Board.
(C) The Board shall determine the dispute as follows:
(1) If compliance has been achieved, when it was achieved, and what relief, if any, the violator may be entitled.
(2) If compliance has not been achieved, to what extent has it not. Further, for good cause shown, the Board may amend or modify its original order.
('81 Code, § 1.14.150) (Ord. 1010, passed 10-21-96; Am. Ord. 1026, passed 2-16-99)
(A) Whenever the amount of any administrative penalty and/or administrative cost imposed by the Appeals Hearing Board pursuant to this subchapter in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.
(B) The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of the Cal. Civ. Proc. Code §§ 697.340 and may be extended as provided in Cal. Civ. Proc. Code §§ 683.110 to 683.220, inclusive.
(C) Interest shall accrue on the principal amount of the lien remaining unsatisfied pursuant to the law applicable to civil money judgements.
(D) Prior to recording any such lien, the Director of Finance shall prepare and file with the City Clerk a report stating the amounts due and owing.
(E) The City Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by the City Council.
(F) The Director of Finance shall cause written notice to be served on the property owner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided in § 11.43.
('81 Code, § 1.14.160) (Ord. 1010, passed 10-21-96; Am. Ord. 1026, passed 2-16-99)
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