§ 11.48 ADMINISTRATIVE PENALTIES.

   (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)

§ 11.49 ADMINISTRATIVE COSTS.

   (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)

§ 11.50 FAILURE TO COMPLY WITH ADMINISTRATIVE ORDER.

   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)

§ 11.51 RIGHT OF JUDICIAL REVIEW.

   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)

§ 11.52 RECOVERY OF ADMINISTRATIVE CIVIL PENALTIES.

   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)

§ 11.53 REPORT OF COMPLIANCE AFTER ADMINISTRATIVE ORDER.

   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)

§ 11.54 COMPLIANCE DISPUTE.

   (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.

   (B)   The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in §§ 11.45 and 11.46.

   (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)