A. A responsible party or social host found to be liable for an administrative penalty pursuant to this chapter shall have the right to an administrative appeal and hearing pursuant to the procedures set forth in Section 1.13.060.D. of the Visalia Municipal Code.
B. It is a defense to an action brought pursuant to this chapter, that the responsible party or social host, at the time the alleged action(s) or behavior(s) occurred resulting in a violation of this chapter, could not, in the exercise of reasonable care or diligence, determine that a public disturbance occurred at the property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that a public disturbance had occurred at the property. The assertion that the responsible party or social host was not present at the property at the time the alleged public disturbance occurred upon the property, shall not, alone, be a defense to the action.
C. For any appeal made pursuant to this section, the hearing officer may consider any of the following factors, as appropriate, in its decision, and shall cite those found applicable in any decisions:
1. The effort taken by the responsible party or social host to mitigate or correct the alleged action or behavior which occurred at or near (as defined in this chapter) and in relation to the property;
2. The degree to which the alleged action or behavior at the property was repeated or continuous;
3. The magnitude or gravity of the alleged action or behavior;
4. The cooperativeness of the responsible party or social host with the city in causing the abatement of the alleged action or behavior;
5. The cost to the city of investigating and abating action or behavior or attempting to correct the condition; or
6. Any other factor deemed by the hearing officer to be relevant.
(Ord. 2016-09 § 2 (part), 2016)