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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)
(A) Any person whose real property is subject to a lien pursuant to § 11.55 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.
(B) Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.
(C) The City Council shall set the matter for hearing no sooner than 15 days and no later than 60 days after the receipt of the protest.
(D) The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.
('81 Code, § 1.14.170) (Ord. 1010, passed 10-21-96)
Thirty days following the adoption of a resolution by the City Council imposing a lien the City Clerk shall file the same as a judgment lien in the office of the County Recorder of Ventura County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.
('81 Code, § 1.14.180) (Ord. 1010, passed 10-21-96)
Once payment in full is received by the city for outstanding penalties and costs, the Director of Finance shall either record a notice of satisfaction or provide the property owner,or financial institution, with a notice of satisfaction so they may record the notice with the office of the County Recorder. Such notice of satisfaction shall cancel the city's lien.
('81 Code, § 1.14.190) (Ord. 1010, passed 10-21-96)
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