8183-7 - Enforcement and penalties for temporary rental units.

This Section 8183-7 establishes procedures for the enforcement of Section 8175-5.21 regulating the temporary rental of dwellings. Except as otherwise stated in this Section 8183-7, the enforcement rights, penalties and other remedies available to the County under this Section 8183-7 are cumulative and not exclusive of any other civil and criminal enforcement rights and remedies available to the County under the Ventura County Ordinance Code and applicable law, including but not limited to Sections 13-1 and 8183-3 making violations of this Chapter punishable as a misdemeanor/infraction criminal offense.

(Ord. No. 4522, § 5, 6-12-2018)

a.

Complaints regarding a homeshare or short-term rental received by the County will be addressed by the Planning Director or the Director of the Resource Management Agency's Code Compliance Division ("Code Compliance Director"), or their designees, who may conduct an investigation to determine whether a violation of Section 8175-5.21 has occurred and if so, the appropriate recourse. Evidence of a violation may include, but is not limited to, sheriff reports, criminal citations, online searches, and documentation consisting of photos, sound recordings and video.

b.

If the Planning Director or Code Compliance Director, or their designees, determines that a violation has occurred, the owner of the homeshare or short-term rental shall be duly noticed of the violation in writing sent by first class mail to the address of record for the owner on file with the Planning Division or, if no permit has been issued for the property pursuant to this Section, to the property's address and to the property owner's address of record as stated on latest equalized assessment roll maintained by the Ventura County Assessor.

(1)

For violations involving an administrative civil penalty, the notice shall include: a description of the violation and supporting evidence; the amount of the daily and/or total penalty being imposed pursuant to Section 8183-7.2;

an advisement that enforcement costs are recoverable pursuant to Section 8183-5.4; and notice of the owner's right to appeal the violation and/or penalty amount pursuant to Section 8183-7.4.

(2)

For violations involving permit revocation, the notice shall include: a description of the violation and supporting evidence; a statement that permit revocation is being sought; notice of the two-year permit ineligibility period that would result from permit revocation pursuant to Section 8183-7.3; an advisement that enforcement costs are recoverable pursuant to Section 8183-5.4; and notice that the permit revocation shall be subject to the administrative hearing process of Section 8183-7.5 unless waived by the permittee.

c.

A violation and associated penalty that becomes final and non-appealable either by the lapse of the owner's appeal rights pursuant to Section 8183-7.4, or upon completion of the administrative hearing process pursuant to Section 8183-7.5, are referred to hereinafter as a final violation and penalty.

(Ord. No. 4522, § 5, 6-12-2018)

a.

Penalties for violations may be assessed and imposed by the Planning Director or Code Compliance Director, or their designees, on any person responsible for the violation in an amount of up to one thousand dollars ($1,000.00) per day the violation occurs. In determining the amount of the penalty, the following factors shall be considered:

(1)

The seriousness of the violation with respect to the type and extent of deviation from the standards and requirements of Section 8175-5.21; the harm or threat of harm to persons, the environment and property caused by the violation; the impact of the violation on the property's neighbors, the community at large and surrounding land uses;

(2)

The degree of the responsible person's culpability and other circumstances indicating: a greater or lesser need to motivate compliance, such as history of violations either of a similar or different nature, on the same or different property under the same ownership; extent of cooperation with or obstruction of County officials in resolving the violation(s); and economic benefit derived from the violation(s);

(3)

The factors and policies set forth in the Civil Administrative Penalty Guidelines adopted by the County Board of Supervisors; and

(4)

Other factors as justice may require, including the financial burden of the penalty on the responsible person, if the person raises the issue and produces reliable documentation of their financial condition.

b.

Penalties shall be paid by the date required by the County as stated in a written notice which the County shall send to the responsible person(s). Failure to timely pay an assessed penalty associated with a Final Violation and Penalty constitutes a separate, additional violation. Unpaid penalties may be collected by any lawfully authorized means including but not limited to filing of civil action to recover the amount of unpaid penalties. In addition, the County shall have a lien against the subject property in the amount of the unpaid penalties, notice of which may be recorded in the Office of the Ventura County Recorder.

(Ord. No. 4522, § 5, 6-12-2018)

8183-7.3 - Permit revocation for cause; two-year permit ineligibility.

a.

As an alternative to imposing civil administrative penalties for a violation pursuant to Section 8183-7.2, the Planning Director or Building Official, or their designees, may find that revocation of a permit issued pursuant to Section 8175-5.21 is warranted because, based on the factors set forth in Section 8183-7.2, the imposition of civil administrative penalties is an inadequate remedy to redress a violation. The final decision regarding permit revocation shall be made by the Hearing Officer pursuant to the administrative hearing process of Section 8183-7.5.

b.

If a permit is revoked for cause, no owner of the parcel upon which where the homeshare or short-term rental is located shall be eligible for a new permit under Section 8175-5.21 to operate the homeshare or short-term rental at the same parcel for a period of two (2) years from the effective date of revocation.

(Ord. No. 4522, § 5, 6-12-2018)

8183-7.4 - Appeals of violations and civil administrative penalties.

a.

The property owner, permittee or other responsible person may administratively appeal a violation determination and/or associated penalty amount. Appeals are considered by a Hearing Officer pursuant to the administrative hearing process of Section 8183-7.5. A completed appeal form shall be submitted to the Planning Director or designee no later than ten (10) calendar days from the date of the County's service of the notice of violation and associated penalty pursuant to Section 8183-7.1. Appeal forms shall be made available by the Planning Division.

b.

To be deemed complete, an appeal form shall include the following: (1) the permit number (or, if no permit exists, the property's address) and date stated on the notice of violation and associated penalty; (2) all facts and bases supporting the appellant's position; (3) the name and address of the appellant; and (4) the appeal filing fee established by the County Board of Supervisors.

c.

Timely submission of a complete appeal form shall stay the effectiveness of the violation and associated penalty pending the outcome of the administration hearing process. Conversely, if a complete appeal form is not timely submitted, the violation and associated penalty shall become final and not subject to administrative appeal or challenge in a court of law.

(Ord. No. 4522, § 5, 6-12-2018)

a.

An impartial Hearing Officer appointed by the Director of the County's Resource Management Agency or designee, or otherwise acting pursuant to Government Code sections 27720 through 27728, shall conduct the administrative hearing process. The Hearing Officer shall be authorized to issue subpoenas, receive evidence, administer oaths, and rule on questions of law and the admissibility of evidence. The Hearing Officer shall have no financial interest in the outcome of the matter; shall not solicit or receive evidence outside of the hearing; and shall avoid personal contacts and correspondence concerning substantive issues outside of the hearing. The parties to the administrative hearing shall be the County and the person(s) deemed responsible for the subject violation(s).

b.

The Planning Division shall coordinate and provide notice regarding the scheduling of the hearing. At least twenty (20) calendar days before date of the hearing or rescheduled hearing, the Planning Director or designee shall notify the parties and Hearing Officer by first class mail of the time and date of the hearing. Either party may make a written request to the Planning Division for one (1) continuance of the hearing no later than ten (10) calendar days before the date of the hearing. If the request for continuance is timely submitted, the hearing date shall be rescheduled to a new date certain not more than thirty (30) calendar days after the initiallyscheduled hearing date.

c.

The Hearing Officer shall consider the following in making his or her decision on the merits: (1) the notice of violation issued by the County pursuant to Section 8183-7.1, along with the County's supporting evidence; (2) the appellant's notice of appeal submitted pursuant to Section 8183-7.4, if applicable; and (3) all other evidence and materials offered by the parties to support their respective position. No later than five (5) calendar days before the hearing date, each party shall deliver, by personal service or overnight mail, its abovereferenced evidence and all other materials the party intends to present to support its position, to the Hearing Officer and to the other party. In addition, the parties shall be allowed to testify and offer argument at the hearing. The hearing need not be conducted according to the technical rules of evidence. Hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil actions. Testimony shall be taken under oath or affirmation. The hearing shall be recorded.

d.

The Hearing Officer shall evaluate the evidence and testimony and shall decide the following issues:

(1)

With respect to violations involving permit revocation, the Hearing Officer shall decide whether the alleged violation(s) occurred and, if so, whether permit revocation is the appropriate remedy. If the Hearing Officer determines that the alleged violation occurred but that revocation is not warranted, then the Hearing Officer shall remand the matter to the County for determination of an appropriate administrative penalty to impose in lieu of permit revocation.

(2)

With respect to appeals of violations and/or the amount of associated civil administrative penalties, the Hearing Officer shall decide whether the violation occurred and if so, whether the amount of the penalty is appropriate. If the Hearing Officer determines that the alleged violation occurred but that the amount of the penalty is excessive, then the Hearing Officer shall determine an appropriate, lesser penalty amount based on the factors set forth in Section 8183-7.2.

e.

The Hearing Officer's decision shall be set forth in a written order served upon the parties by first class mail delivery no later than thirty (30) calendar days after the hearing date. The order shall be considered the Final Administrative Order for purposes of Government Code section 53069.4.

f.

Pursuant to Government Code section 53069.4, subdivision (b)(1), if the Final Administrative Order is contested, review shall be sought in the Ventura County Superior Court as a limited civil case within twenty (20) calendar days after the date of service of the Final Administrative Order. A copy of the Notice of Appeal shall be served on the Planning Director or designee either in person or by first class mail. If no Notice of Appeal is timely filed with the Superior Court, the Final Administrative Order issued by the Hearing Officer shall be deemed confirmed and final.

(Ord. No. 4522, § 5, 6-12-2018)

As an alternative to pursuing formal enforcement action, the Planning Director or Code Compliance Director, or their designees, may give the person(s) deemed responsible for a violation of Section 8175-5.21 the opportunity to resolve the matter through an informal resolution process intended to achieve and maintain compliance. This process may involve the payment of a negotiated settlement amount by the responsible person(s) and/or a compliance agreement to establish compliance deadlines and related terms and conditions. Persons participating in the informal resolution process shall be required to pay all applicable fees and costs adopted by the County Board of Supervisors.

(Ord. No. 4522, § 5, 6-12-2018)

Article 14. - Amendment to the local coastal program