Article XIX — RECORDING NOTICES OF VIOLATIONS

SEC. 7-310. PURPOSE.

(A) The city council finds that there is a need to give notice of pending and open enforcement actions and property-related code violation actions to persons who may subsequently acquire the property as a means to ensure such violations will be corrected. An appropriate method to accomplish this is through the issuance and recordation of notices of violation.

(B) The procedures established in this article shall be in addition to any criminal, civil, or other remedy established by law which may be pursued to address violations of the city code or applicable state or uniform codes.

(Ord. No. 2919)

SEC 7-311 QUALIFYING VIOLATIONS

SEC. 7-311. QUALIFYING VIOLATIONS.

This article shall apply to serious property related violations of the city code, state code or any adopted uniform code. Serious property violations are defined as those affecting the health and safety of persons upon or near the property and other hazardous conditions related to structures. This article does not apply to minor non- hazardous violations or property maintenance violations that do not pose a threat to public health and safety. The code compliance manager (manager) shall make the qualifying violation determination pursuant to this article.

(Ord. No. 2919)

SEC. 7-312. PROCEDURES.

(A) Once the manager has issued a notice of violation to a responsible person for a qualifying violation, if the property remains in violation after the deadline established in the notice, the manager may record the notice of violation with the Ventura County Recorder’s office. For purposes of this article, the responsible person shall be as defined in Section 7-51(J) of this code.

(B) Before recordation, the manager shall provide the responsible person with the notice of violation which shall state that such notice will be recorded unless a written request to appeal the action is received pursuant to the procedures outlined in this article. The notice of violation shall be served in accordance with the methods set forth in Section 7-313.

(C) If a written request for appeal is not received within the time frame specified in the notice of violation, the manager may thereafter cause the notice of violation to be recorded if the violations remain.

(D) The recorded notice of violation shall include the following:

(1) The name of the responsible person;

(2) The name of the property owner, if different from the responsible person;

(3)  Street address and parcel number;

(4) The code section(s) in violation;

(5) A description of the conditions which violates the applicable codes;

(6) A list of necessary corrections to bring the property into compliance;

(7) A deadline or specific date to correct the violations listed in the notice of violation, after which the notice of violation will be recorded;

(8) A description of the appeal process and a written appeal form.

(Ord. No. 2919)

SEC. 7-313. SERVICE OF NOTICE OF VIOLATION.

The notice of violation shall be served in accordance with either division (A), (B), or (C) of this section:

(A) An enforcement officer may personally serve the notice of violation on the responsible person. A declaration of service shall be completed and attached to a copy of the notice of violation mailed to the responsible person via first class mail.

(B) An enforcement officer may post the property in a conspicuous location with a copy of the notice of violation. A copy shall also be mailed via certified mail to the responsible person’s last known address. An address shown on the county’s last equalized property tax assessment rolls is deemed to be a valid address for service.

(C) If the responsible person is not the property owner; the notice shall also be mailed via certified mail to the property owner.

(D) Service is deemed accomplished on the date the notice of violation is personally served or posted in accordance with this section.

(E) A copy of the notice of violation shall be mailed via first class mail to any mortgage holder, property manager, agent for service, or owner’s next of kin as applicable, but failure of one of these parties to receive notice shall not invalidate any action under this article.

(Ord. No. 2919)

SEC. 7-314. APPEAL PROCESS.

(A) An appeal of the manager’s notice of violation shall utilize the procedures and timelines set forth in Chapter 1, Article V of this code.

(B) Upon receiving a written appeal, the manager shall schedule a hearing pursuant to the procedures set forth in Section1-58. The purpose of the hearing is for the responsible person or property owner to state any reasons why the notice of violation should not be recorded.

(C) The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.

(Ord. No. 2919)

SEC. 7-315. APPEAL HEARING.

(A) At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the city’s rules and procedures for administrative hearings, and that is relevant to the following issues:

(1)  Whether the conditions listed in the notice of violation violate the city code, state code or any adopted uniform code; and

(2)  Whether the manager afforded the responsible person with due process by adhering to the notification procedures specified in this article.

(B) If the hearing officer affirms the manager’s decision, the manager may proceed to record the notice of violation.

(C) If the hearing officer determines that recordation is improper, the hearing officer shall invalidate the manager’s decision to record the notice of violation.

(Ord. No. 2919)

SEC. 7-316. NOTICE OF COMPLIANCE.

(A) When the violations listed on the notice of violation have been corrected, the responsible person or property owner shall file with the manager a written request for a notice of compliance on a form provided by the city.

(B) Once the manager receives this request, the manager, or designee, shall re-inspect the property within 20 days from receipt of the request to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.

(C) The manager shall provide a notice of compliance to the responsible person or property owner if the manager determines that the following conditions are met:

(1)  All violations listed in the recorded notice of violation have been corrected;

(2)  All necessary permits have been issued and finalized;

(3)  All administrative fines or civil penalties have been paid;

(4) The party requesting the issuance of the notice of compliance shall be responsible for payment of all administrative fees necessary to reimburse the city for all costs involved in the issuance of the notice, including re-inspection.

(D) Administrative costs may include costs incurred in the investigation, inspection, re-inspection, title search, appeal hearing, and any other processing costs associated with the violations specified on the notice of violation.

(E) If the manager denies a request to issue a notice of compliance, the manager shall serve the requesting party, the responsible person and the property owner with a written explanation within five (5) days from the inspection setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Section 7-313 or by certified mail.

(F) The manager’s decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable.

(G) It shall be the responsibility of the responsible person or property owner to record the notice of compliance with the county recorder and this recording shall have the effect of canceling the recorded notice of violation.

(Ord. No. 2919)

SEC. 7-317. PROHIBITION AGAINST ISSUANCE OF CITY PERMITS.

For properties where a notice of violation has been recorded, the city may withhold permits for repair, construction and/or alteration on the affected property until a notice of compliance has been issued by the manager. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

(Ord. No. 2919)