Article 2 — Administrative Orders

Editor's note—Ord. No. 831, § 3, effective Sep. 28, 2013, amended the title of Title 1, Chapter 6, Article 2. This article was formerly titled "Continuing Violations."

This article is adopted pursuant to California Government Code Section 53069.4 and provides for administrative remedies which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code including the provisions of Article 1 of this Chapter. This article shall be used at the sole discretion of the City, subject to the provisions of this section.

(§ 1, Ord. 772, eff. June 25, 2004; § 4, Ord. 831, eff. September 28, 2013)

For purposes of this article, "Director" means the head of any City department which is charged with responsibility for enforcement of any provision of this Code, the Building Official as defined in Section 9-1.203(c) or any person as the City Manager may designate. (§ 1, Ord. 772, eff. June 25, 2004)

Whenever the Director determines that a violation of any provision of this Code within the Director's responsibility is occurring or exists, the Director may issue a written compliance order ("compliance order") to any person responsible for the violation ("violator" and/or "owner"). (§ 1, Ord. 772, eff. June 25, 2004)

A compliance order issued pursuant to this article shall contain the following information:

• (a) The date and location of the violation;

• (b) The section of this Code violated and a description of the violation;

• (c) The action required to correct the violation;

• (d) The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved; and

• (e) Either a copy of this article or an explanation of the consequences of non-compliance with this article and a description of the hearing procedure and appeal process.

• (§ 1, Ord. 772, eff. June 25, 2004)

The Director shall give the violator a reasonable period in which to comply with the compliance order. However, should the violation constitute an imminent threat to life or property, immediate compliance may be ordered.

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City of Ojai, CA

GENERAL PROVISIONS

§ 1-6.205

§ 1-6.209

(§ 1, Ord. 772, eff. June 25, 2004)

Service of a compliance order shall be made as follows:

• (a) Except where real property is involved, all notices required by this article shall be served in the manner provided in Section 1-6.116

• (b) Where real property is involved, written notice shall be mailed to the violator and/or owner at the address as shown on the last equalized County assessment roll, and a copy of the order shall be conspicuously posted at the property which is the subject of the order.

• (c) The failure of any person to receive any notice required under this article shall not affect the validity of any proceedings taken under this article.

• (§ 1, Ord. 772, eff. June 25, 2004)

If the director determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken. If full compliance is not achieved within the time specified in the compliance order, the Director shall schedule a hearing before a Hearing Officer approved by the City Council. The Director shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing ("notice of hearing" or "notice") shall be served on the violator and/or owner at the address as it appears on the last equalized County assessment roll available on the date the notice is prepared, and a copy of the notice shall be conspicuously posted at the property which is the subject of the notice. (§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)

Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the Hearing Officer. Each hearing shall be set on a date not less than 10 days nor more than 60 days from the date of the notice of hearing unless the Director determines that the matter is urgent or that good cause exists for an extension of time. At the hearing, any person named in or subject to a compliance order, shall be given a full opportunity to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this article, to appear at the hearing shall constitute a failure to exhaust administrative remedies and a waiver of the right to be heard by the Hearing Officer.

(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)

The Hearing Officer shall conduct its hearing in accordance with the following:

• (a) At the place and time set forth in the notice of hearing, the Hearing Officer shall conduct a hearing on the compliance order issued pursuant to Section 1-6.203

• (b) Consistent with any rules and procedures adopted pursuant to Section 1-6.266, the Hearing Officer shall consider any written or oral evidence regarding the violation and compliance by the violator or owner.

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City of Ojai, CA § 1-6.209

OJAI CODE

§ 1-6.211

• (c) Within 15 days following the conclusion of the hearing, the Hearing Officer shall make findings and issue its determination regarding:

  • (1) The existence of the violation; and

  • (2) The failure of the violator or owner to take required corrective action within the required time period.

• (d) The Hearing Officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

• (e) If the Hearing Officer finds 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 Hearing Officer shall issue an administrative order ("administrative order").

• (f) If the Hearing Officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Hearing Officer shall issue a finding of those facts ("findings of fact").

• (§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)

If the Hearing Officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Hearing Officer shall issue the administrative order described in Section 1-6.209 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 Section 1-6.211; or

• (c) Administrative costs as provided in Section 1-6.212

• (§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)

The Hearing Officer may impose administrative penalties as follows:

• (a) The Hearing Officer 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, or for any related series of violations, except that the total administrative penalty shall not exceed $100,000 excluding administrative costs, including attorney's fees and costs, interest and restitution for compliance reinspections.

• (b) In determining the amount of the administrative penalty, the Hearing Officer 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;

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City of Ojai, CA

GENERAL PROVISIONS

§ 1-6.211

§ 1-6.212

• (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; and

• (7) Such other factors as justice may require.

• (c) Administrative penalties imposed by the Hearing 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 Hearing Officer.

• (d) The Hearing Officer, 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;

  • (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 Hearing Officer shall be due by the date specified in the administrative order.

• (f) Administrative penalties assessed by the Hearing Officer 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 Hearing Officer'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 subsection (a) of this section.

• (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.

• (§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)

The Hearing Officer 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. The administrative costs may include any and all costs, other than attorneys' fees, incurred by the City in connection with the matter before the Hearing Officer, including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and for all costs for all reinspections necessary to enforce the compliance order. In addition, in the event the City elects, at the initiation of the hearing, to seek recovery of its attorneys' fees, the Hearing Officer shall order that the prevailing party in the hearing be awarded its attorneys' fees incurred throughout the administrative process outlined in this

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City of Ojai, CA § 1-6.212

OJAI CODE

§ 1-6.217

article and for any subsequent legal action. In no event shall the award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the proceeding.

(§ 1, Ord. 772, eff. June 25, 2004, as amended by § 2, Ord. 796, eff. July 26, 2007; § 5, Ord. 831, eff. September 28, 2013)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the Hearing Officer may be enforced as:

• (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 and attorney's fees are paid in full.

• (§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)

Any person aggrieved by an administrative order of the Hearing Officer may obtain review of the administrative order by filing a motion for review with the Superior Court in Ventura County in accordance with the time line requirements and provisions set forth in California Government Code Section 53069.4.

(§ 1, Ord. 772, eff. June 25, 2004; § 5, Ord. 831, eff. September 28, 2013)

The City may collect the assessed administrative penalties and administrative costs and attorney's fees by use of all available legal means, including recording a lien pursuant to Section 1-6.218.

(§ 1, Ord. 772, eff. June 25, 2004)

If the Director determines that compliance has been achieved after a compliance order has been sustained by the Hearing Officer, the Director shall file a report indicating that compliance has been achieved.

(§ 1, Ord. 772, eff. June 25, 2004; § 6, Ord. 831, eff. September 28, 2013)

If the Director does not file a report pursuant to Section 1-6.216, a violator or owner who believes that compliance has been achieved may request a compliance hearing before the Hearing Officer by filing a request for a hearing with the Hearing Officer. The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in Sections 1-6.208 and 1-6.209. The Hearing Officer shall determine the dispute as follows:

• (a) If compliance has been achieved, when it was achieved, and to what relief, if any, the violator may be entitled.

• (b) If compliance has not been achieved, to what extent has it not. Further, for good cause

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City of Ojai, CA

GENERAL PROVISIONS

§ 1-6.217

§ 1-6.220

shown, the Hearing Officer may amend or modify its original order.

(§ 1, Ord. 772, eff. June 25, 2004; § 6, Ord. 831, eff. September 28, 2013)

The City may impose a lien on real property as follows:

• (a) Whenever the amount of any administrative penalty and/or administrative cost imposed by the Hearing Officer pursuant to this article in connection with real property has not been satisfied in full within 45 days and/or has not been successfully challenged pursuant to the applicable provisions of Government Code Section 53069.4, 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 California Code of Civil Procedure Section 697.340 and may be extended as provided in California Code of Civil Procedure Sections 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 judgments.

• (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 by the City Council and any protests or objections thereto.

• (f) The Director of Finance shall cause written notice to be served on the violator and/or owner not less than 10 days prior to the time set for the hearing. Such notice shall be served as provided in Section 1-6.206.

• (§ 1, Ord. 772, eff. June 25, 2004; § 6, Ord. 831, eff. September 28, 2013)

The City Council's hearing on the report shall be conducted as follows:

• (a) Any person whose real property is subject to a lien pursuant to Section 1-6.218 may file a written protest with the City Clerk and/or may protest orally at the City Council hearing.

• (b) Each written protest or objection shall contain a description of the property in which the protesting party is interested, the interest in such real property assessed by the protesting party and the grounds of such protest or objection; provided, however, that any member of the public may speak on the subject of the report at such hearing.

• (c) The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

• (§ 1, Ord. 772, eff. June 25, 2004)

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

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City of Ojai, CA

OJAI CODE

§ 1-6.220

§ 1-6.226

County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

(§ 1, Ord. 772, eff. June 25, 2004)

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 violator and/or 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. (§ 1, Ord. 772, eff. June 25, 2004)

The lien imposed pursuant to this article is deemed a judgment pursuant to Government Code Section 53069.4(c), and may be foreclosed and the real property sold, by the filing of an action for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The City shall be entitled to its attorney's fees and costs incurred in connection with prosecuting the foreclosure action. (§ 1, Ord. 772, eff. June 25, 2004)

The lien may be redeemed by the payment in full of all amounts secured by the lien within six months after the lien is recorded and notice is given to the violator and/or owner. There shall be no right of redemption after foreclosure of the lien in accordance with Section 1-6.222. (§ 1, Ord. 772, eff. June 25, 2004)

The administrative penalties and costs set forth in the Hearing Officer's order shall also become a personal obligation of the violator and/or owner.

(§ 1, Ord. 772, eff. June 25, 2004; § 7, Ord. 831, eff. September 28, 2013)

Interest shall accrue on all amounts declared due by the Hearing Officer, and unpaid, from the date of the administrative order to the date paid pursuant to the laws applicable to civil money judgments.

(§ 1, Ord. 772, eff. June 25, 2004; § 7, Ord. 831, eff. September 28, 2013)

The City Council may, by resolution, adopt such rules and regulations for the administration and interpretation of this chapter as it may consider proper. (§ 1, Ord. 772, eff. June 25, 2004)

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City of Ojai, CA

GENERAL PROVISIONS

§ 1-6.301

§ 1-6.301