Article II — UTILITY BILLING HEARINGS; CRIMINAL VIOLATIONS OF CODE

SEC. 1-20. POLICY AND PURPOSE.

The city council hereby declares that in order to ensure that the residents of the city are given an administrative review opportunity, the following hearing procedures, sections 1-21 through 1-25, are adopted which shall be complied with prior to termination of utility services by the city for nonpayment of bills by customers.

(`64 Code, Sec. 1-12) (Ord. No. 2302, 3031)

SEC. 1-21. REVIEW PROCEDURE PRIOR TO TERMINATION OF UTILITY SERVICES FOR NONPAYMENT OF BILLS.

Prior to termination of a utility service for nonpayment of bills, the city shall afford the customer an opportunity to be heard on the issue of whether the city has good cause to terminate such service. The review procedures set forth in section 1-22 through section 1-25 are exclusively for the termination of utility services due to nonpayment of bills.

(`64 Code, Sec. 1-12.1) (Ord. No. 2302)

SEC. 1-22. GOOD CAUSE FOR TERMINATION.

The city may terminate a utility service for good cause. For the purposes of section 1-23 through section 1-25, “good cause” shall mean a customer's failure to fully and timely pay a delinquent utility service bill without a compelling justification for nonpayment.

(`64 Code, Sec. 1-12.2) (Ord. No. 2302)

SEC. 1-23. NOTICE OF DELINQUENCY; REQUEST FOR ADMINISTRATIVE HEARING; APPEAL OF HEARING OFFICER DECISION.

(A) If a customer has not paid the customer's account within 15 days after the city has sent a bill for utility service to such customer, then that account shall be deemed delinquent. Prior to termination of any utility service for nonpayment of a delinquent account, the city shall send the customer a notice of delinquency.

(B) The notice of delinquency shall contain the following:

(1) The amount required to fully pay the account;

(2) A statement that the particular utility service will be terminated on a date specified in the notice of delinquency unless the customer fully pays the account prior

to that date;

(3) A statement that the customer is entitled to an administrative hearing to determine if the city has good cause to terminate the utility service upon filing of a

written request for such administrative hearing with the city clerk on or before the date specified in the notice of delinquency, which date shall be seven days after the

date of the mailing of the notice of delinquency;

(4) A statement that if the customer requests an administrative hearing, the date for conducting the administrative hearing will be at least five days prior to the date

specified for termination of the utility service and that the city will provide written notice of the date, time, and place of the administrative hearing to the customer; and

(5) A statement that the customer may appeal the decision of the hearing officer to an appeal officer by filing a written appeal, specifying the grounds for the

appeal, with the city clerk within 48 hours of the city's delivery of the hearing officer's decision to the customer.

(`64 Code, Sec. 1-12.3) (Ord. No. 2302)

SEC. 1-24. APPOINTMENT OF HEARING OFFICER; NATURE OF ADMINISTRATIVE HEARING.

(A) The city manager shall, as appropriate, appoint a person to be the hearing officer for the administrative hearings provided for herein. If a customer requests an administrative hearing, the hearing officer shall conduct such hearing. The hearing officer shall hold the administrative hearing on the date and at the time and place specified in the notice of delinquency.

(B) At this administrative hearing, the city's representative shall first present good cause to justify termination of the utility service. Thereafter, the customer or the customer's representative may present evidence in opposition to the termination. The hearing officer shall conduct the administrative hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(C) After the administrative hearing, the hearing officer shall prepare a written decision determining whether the city has established good cause for termination of the utility service. If the hearing officer decides in favor of the customer, such decision shall be filed with the city clerk and the city shall not terminate the utility service unless a new notice of delinquency is prepared and served by the city. The decision of the hearing officer shall be binding upon the customer and the city unless appealed pursuant to section 1-25.

(`64 Code, Sec. 1-12.4) (Ord. No. 2302)

SEC. 1-25. APPOINTMENT OF APPEAL OFFICER; APPEAL OF DECISION OF HEARING OFFICER; NATURE OF APPEAL HEARING.

(A) The city manager shall, as appropriate, appoint a person to be the appeal officer for appeals from decisions made by the hearing officer as provided herein.

(B) The customer may appeal the decision of the hearing officer by filing a written appeal, specifying the grounds for such appeal, with the city clerk within 48 hours of the city's delivery of the hearing officer's decision to the customer. Upon receipt of the appeal, the appeal officer shall give written notice to the customer of the date, time, and place of the appeal hearing.

(C) At the appeal hearing, the city's representative shall first present good cause to justify termination of the utility service. Thereafter, the customer or the customer's representative may present evidence in opposition to the termination. The appeal officer shall conduct the appeal hearing in an informal fashion and shall not be bound by the technical rules of evidence. After the appeal hearing, the appeal officer shall prepare a written decision determining whether the city has established good cause for termination of the utility service. The decision of the appeal officer shall be final and shall constitute an exhaustion of administrative remedies.

(D) If the appeal officer decides that the city has established good cause, the city shall not terminate the utility service sooner than 48 hours after delivery of the decision to the customer.

(E) If the appeal officer decides in favor of the customer, such decision shall be filed with the city clerk and the city shall not terminate the utility service unless a new notice of delinquency is prepared and served by the city.

(`64 Code, Sec. 1-12.5) (Ord. No. 2302)

SEC. 1-26. JAIL LABOR AUTHORIZED; SERVICES OF MISDEMEANANT PROBATIONERS.

(A) Any person under city jurisdiction confined in jail may be required by the police chief to labor on the streets, public safety buildings and grounds, vehicles and other property or public works of the city situated within the county. The police chief may establish a "trustee system" to regulate the conduct of working prisoners and may promulgate reasonable rules and regulations for the purpose.

(B) To assist in the sentencing and rehabilitation of petty offenders, the city may accept the services performed by misdemeanant summary probationers who are assigned by the coordinator of the county's probation-work program to work upon city property within the county.

(C) The term “services,” as used in this subsection, includes clerical services, menial labor and unskilled labor performed voluntarily and without right of discipline reserved to the city. The services performed by summary probationers and accepted by the city shall be:

(1)  Without compensation in any form from the city;

(2)  Casual, and shall not impinge substantially upon regular duties performed by city employees;

(3)  Undertaken concurrently or within the usual working shifts assigned to city employees; or

(4)  Rendered at tasks requiring, if at all, simple tools operated solely by human energy.

(D) No prisoner or probationer used or assigned to labor or perform services in accordance with this section shall be considered an employee of, or to be employed by, the city or any city department; nor shall any such prisoner or probationer be covered by any of the provisions of the workers' compensation law of the State or be entitled to any benefits thereunder whether on behalf of himself/herself or that of any other person.

(`64 Code, Sec. 1-13) (Ord. No. 1381)

SEC. 1-27. NOTICES.

(A) Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made herein, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed.

(B) Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.

(`64 Code, Sec. 1-14)

SEC. 1-28. PROOF OF NOTICE.

Proof of giving any notice may be made by the certificate of any officer or employee of the city or by affidavit of any person over the age of 18 years, which demonstrates service in conformity with this code or other provisions of law applicable to the subject matter.

(`64 Code, Sec. 1-15)

SEC. 1-29. SUMMONS FOR VIOLATION OF CODE PROVISIONS.

If any person is arrested for the violation of any ordinance of the city and such person is not immediately taken before a magistrate as prescribed in the Cal. Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court, upon such form as the city attorney shall approve, containing the name and address of such person, the offense charged including the section of the city ordinance charged to have been violated, and the time and place where and when such person shall appear in court.

(`64 Code, Sec. 1-16) (Ord. No. 587)

SEC. 1-30. TIME TO APPEAR.

The time specified in the notice to appear referred to in section1-29 must be at least five days after the arrest.

(`64 Code, Sec. 1-17) (Ord. No. 587)

SEC. 1-31. PLACE TO APPEAR.

The place specified in the notice to appear mentioned in section1-29 shall be before a judge of the Ventura County Superior Court.

(`64 Code, Sec. 1-18) (Ord. No. 587, 2063)

SEC. 1-32. VIOLATOR TO SIGN CONSENT.

The officer shall deliver one copy of the notice to appear referred to in section1-29 to the arrested person, and the arrested person in order to secure release must give his/her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(`64 Code, Sec. 1-19) (Ord. No. 587)

SEC. 1-33. POSTING OF BAIL.

(A) Pursuant to sections 1-27 to 1-30, the officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail, which in accordance with the provisions of Cal. Penal Code, Section 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Cal. Penal Code, Section 815a.

(B) The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by legal counsel, the magistrate may declare the bail forfeited, and may order that no further proceedings shall be had in such case.

(C) Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Cal. Penal Code, Section 1463.

(`64 Code, Sec. 1-20) (Ord. No. 587)

SEC. 1-34. WARRANT NOT TO BE ISSUED UNTIL FAILURE OF DEFENDANT TO APPEAR.

No warrant shall be issued on any charge for the arrest of a person who has given written promise to appear in court, unless and until such person has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(`64 Code, Sec. 1-21) (Ord. No. 587)

SEC. 1-35. PENALTY FOR WILFUL FAILURE TO APPEAR.

Any person wilfully violating a written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.

(`64 Code, Sec. 1-22) (Ord. No. 587)

SEC. 1-36. WARRANT FOR ARREST.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Cal. Penal Code, Section 853.1, the magistrate shall issue and have delivered for execution a warrant for the person's arrest within 20 days after the failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which the person promises to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(`64 Code, Sec. 1-23) (Ord. No. 587)

SEC. 1-37. APPLICABILITY OF SUMMONS PROCEDURE.

The foregoing provisions shall apply to any provision of this code, the violation of which is punishable as a misdemeanor as provided in section1-10 of this code.

(`64 Code, Sec. 1-24) (Ord. No. 587)

SEC. 1-38. ARRESTING OFFICER.

For the purposes of the preceding sections, the terms “arresting officer” and “officer” mean any police officer of the city and any other employee of the city whose duty is to enforce the provisions of this code and who is authorized by the city manager to use the citation procedure established in the performance of enforcement duties.

(`64 Code, Sec. 1-25) (Ord. No. 487)