Oxnard Municipal Code Art. III Civil Fines and Property Disposal

(A) This chapter makes a violator of any code provision subject to a civil fine.

(B) By adopting this chapter, the city council does not intend to limit the discretion of an enforcement officer to impose any remedy available, civil or criminal, for violations of the code.

(C) The issuance of a civil citation shall be solely at the discretion of the enforcement officer and shall be one of several remedies available to the enforcement officer.

(D) Notwithstanding any lease, license or any other instrument or agreement, the owner of real property has the right to enter upon his/her own property to the extent reasonably necessary to abate any public nuisance or to correct any violation of the code existing thereon.

(E) The provisions of this chapter shall be an implied term of any instrument affecting the right to possession of real property located in the city.

(F) Because violations of the code may seriously impact the health, safety and welfare of the general public, this chapter imposes strict civil liability upon violators of the code.

(G) There shall be a rebuttable presumption that the record owners of a parcel according to the last equalized assessment roll and a lessee or sublessee of a parcel have notice of any code violation existing on the parcel.

(`64 Code, Sec. 21-1) (Ord. No. 2488)

For the purpose of this article, the following words shall have the following meanings:

(A) BUILDING CODE VIOLATION - Any violation of a code adopted by the city as set forth in Chapter 14 of this City Code.

(B) CODE VIOLATION - Any violation of the code or other ordinance.

(C) CITY MANAGER - The city manager or designee.

(D) CIVIL CITATION - A notice issued by an enforcement officer pursuant to this chapter that there has been a violation of the code.

(E) ENFORCEMENT OFFICER - An individual designated by the city manager to enforce the provisions of this chapter.

(F) HEARING OFFICER - The individual designated by the city manager to serve as the hearing officer for administrative hearings.

(G) ISSUANCE DATE - The day a civil citation is personally served on a responsible person, is mailed to a responsible person, or is posted on real property where a property related violation occurs.

(H) ISSUED - The giving, mailing, or posting of a civil citation.

(I) NOTICE OF DECISION - A notice that informs a responsible person of a decision made regarding provisions of this chapter.

(J) RESPONSIBLE PERSON - Any of the following:

(1) An individual causing or committing a code violation;

(2) An individual, by his/her action or failure to act, maintains or allows a code violation to continue;

(3) An individual whose agent, employee, or independent contractor causes or commits a code violation by his/her action or failure to act;

(4) An owner of or a lessee or sublessee with the current right of possession of real property on which a code violation occurs;

(5) An on-site manager of a business customarily working daily at the site when the business is open and responsible for the activities at such business; and

(6) A natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

(`64 Code, Sec. 21-2) (Ord. No. 2488, 2764)

(A) After determining that a responsible person has violated a provision of the code, an enforcement officer may issue a civil citation to that person.

(B) If, following an investigation, the enforcement officer has determined that a responsible person committed a code violation, an enforcement officer may issue a civil citation for a violation the officer did not see occur.

(C) A responsible person receiving a civil citation shall be liable for and shall pay to the city the fine imposed in the civil citation on the date specified in the civil citation.

(D) Every individual who applies for and receives a permit, license, or other approval (e.g., subdivision map, special use permit, variance, zoning clearance), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If an individual violates any condition of such permit, license or other approval, an enforcement officer may issue such individual a civil citation and that individual shall be liable for payment of any civil fines.

(E) Each day a responsible person allows a code violation to exist shall be a separate violation and that person shall be subject to a separate fine.

(F) A civil citation may charge a code violation for one or more days on which a violation exists and for violation of one or more code sections.

(G) The city council, hearing officer or staff may consider the fact that an individual has been issued civil citations when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval for the individual and such civil citation is evidence that the individual has committed acts that are a threat to the health, safety and welfare of the general public.

(`64 Code, Sec. 21-3) (Ord. No. 2488)

(A) When a responsible person is issued a notice of a building code violation that does not create an immediate danger to health or safety, the enforcement officer shall provide a 14-day correction period to allow the responsible person time to correct the violation. Notwithstanding section 7-52, no responsible person issued a notice of a building code violation shall be issued a civil citation unless the violation continues after the 14 days allowed for its correction, including any extensions granted.

(B) A responsible person issued a notice of a building code violation may request an extension of the correction period provided that such request is filed with the city manager prior to the expiration of the original 14-day period.

(C) The city manager may grant a reasonable extension of the period of time to correct a violation if the responsible person has submitted substantial evidence showing that the correction cannot be made within the 14-day period. The city manager's decision to grant or deny the request for an extension shall be in writing and shall be final.

(D) The filing for an extension does not, unless granted, extend the 14-day correction periods.

(E) If a building code violation has not been corrected by the end of the correction period, the enforcement officer may issue a civil citation. The enforcement officer may issue additional citations and impose fines for every day the building code violation continues uncorrected from the date the civil citation is issued.

(`64 Code, Sec. 21-4) (Ord. No. 2488, 2764)

(A) Every civil citation shall contain the following:

(1) Name of the responsible person;

(2) Date on which an inspection established the code violation;

(3) The code section violated;

(4) Address where the code violation occurred;

(5) Description of the code violation;

(6) The amount and effective date of the fine;

(7) Procedures to pay the fine;

(8) For building code violations, the date that the 30-day correction period expires and the procedure to request an extension of the 30-day period;

(9) Description of the procedure for requesting a waiver of fine deposit and administrative hearing to contest a civil citation;

(10) Hearing date, time and location in the event that a responsible person requests a hearing regarding the waiver of fine deposit and/or an administrative hearing;

(11) A statement that the code violation is a public nuisance and that collection of any unpaid fines and/or nuisance abatement costs may be placed as a special assessment or lien against the property where a violation occurs;

(12) Signature of the enforcement officer issuing the civil citation;

(13) Date of issuance; and

(14) Any other information deemed necessary by the city attorney for enforcement or collection purposes.

(B) A self-addressed envelope in which the responsible person may mail to the city the fine or request a hearing regarding the waiver of fine deposit and/or an administrative hearing shall accompany any civil citation.

(`64 Code, Sec. 21-5) (Ord. No. 2488)

A civil citation may be served as follows:

(A) An enforcement officer may personally serve the civil citation on the responsible person.

(B) A citation may be mailed by first class mail, postage prepaid, to the responsible person's last known address. For a property related violation, an address shown on the county's last equalized property tax assessment rolls is deemed to be a valid address for service. For all other violations, any address known for the responsible person is deemed to be a valid address for service. A declaration of service shall be completed and attached to the copy of the citation mailed to the responsible person.

(C) In the case of a property related code violation, an enforcement officer may post the property in a conspicuous location with a copy of the citation. A copy of the citation shall also be mailed 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.

(D) Service is deemed accomplished on the date the citation is personally served, mailed, or posted in accordance with this section.

(`64 Code, Sec. 21-6) (Ord. No. 2488, 2824)

(A) The amount of the fines imposed for violating provisions of the code shall be established in a schedule of fines adopted by resolution of the city council. The schedule of fines may include escalating fine amounts for repeat code violations occurring within specified periods of time.

(B) The schedule of fines may specify the amount of interest and penalties owed for any fine not timely paid.

(C) The fines for violations of the regulations established by the coastal and non-coastal short-term rental ordinances shall be regulated by said ordinances.

(D) This article outlines the fine structure for violations of regulations established by the commercial cannabis business ordinance.

(`64 Code, Sec. 21-7) (Ord. No. 2488, 2971, 2981)

(A) Fines are due on the day specified in the civil citation or, in the event of an appeal, on the date specified by the hearing officer.

(B) Fines shall be paid in a manner as specified on the civil citation issued to the responsible person.

(C) Payment of a fine shall not excuse the responsible person from correcting the code violation or abating a public nuisance. The issuance of a civil citation and/or payment of a fine does not bar the city from pursuing any other enforcement action regarding a code violation that is not corrected, including issuing additional civil citations and/or criminal complaints.

(`64 Code, Sec. 21-8) (Ord. No. 2488, 2764)

(A) If the request is made within 14 days of the date the civil citation is issued, any responsible person issued a civil citation may request a preliminary review.

(B) A request for preliminary review shall be made on a preliminary review request form and shall include all information that the responsible person desires the individual conducting the preliminary review to consider. The request for preliminary review shall be filed with the city manager.

(C) The preliminary review shall be conducted by an individual designated in writing by the city manager. The purpose of the preliminary review is to identify and dismiss any improperly issued civil citation.

(D) The preliminary review shall include a review of the civil citation, a review of the written request for preliminary review and a review of any evidence submitted by the responsible person.

(E) The responsible person shall be notified of the results of the preliminary review within ten working days of submitting a preliminary review request form. The decision at the preliminary review shall not be subject to judicial review.

(F) A request for preliminary review shall not extend any time periods for compliance, the due date of any fine imposed, or the time to request an administrative hearing.

(G) If the individual conducting the preliminary review concludes that no code violation occurred or that the individual was not responsible for the code violation, the civil citation shall be dismissed, without prejudice.

(`64 Code, Sec. 21-9) (Ord. No. 2488, 2764)

(A) A responsible person requesting an administrative hearing may also request a waiver of the fine deposit. The request for waiver of fine deposit must be received by the city manager within 30 days of the issuance of the civil citation. The city manager shall designate an address to submit or mail requests for waivers of fine deposits.

(B) The hearing officer shall set the date, time, and location for hearings regarding requests for waivers of fine deposits. A responsible person requesting a waiver of a fine deposit bears the burden of establishing by substantial evidence that he/she does not have the financial ability to deposit the fine. Unless the hearing is otherwise continued, failure of the responsible person to attend the hearing shall constitute an abandonment of the request for a waiver of the fine deposit.

(C) All requests for waiver of the fine deposit shall be granted or denied by the hearing officer at the hearing. At the conclusion of the hearing, the hearing officer shall set the date for the administrative hearing which shall be within 45 days of the conclusion of the hearing regarding the request for waiver of the fine deposit. A copy of the notice of decision shall be delivered or mailed to the responsible person within five working days of the conclusion of the hearing.

(D) If the waiver is denied, the responsible person shall deposit the fine amount within 30 days of the date on the notice of decision. Failure of a responsible person to make the deposit within the time required shall be deemed an abandonment of the administrative hearing.

(E) A request for a waiver of the fine deposit does not extend any time periods set forth in this chapter, except the time for deposit of the fine. The hearing officer's decision shall be final and is not subject to judicial review.

(`64 Code, Sec. 21-10) (Ord. No. 2488, 2764)

(A) A responsible person receiving a civil citation may request an administrative hearing. Any request for an administrative hearing shall be filed with the city manager within 30 days of the issuance of the civil citation. The city manager shall designate an address to submit or mail requests for administrative hearings.

(B) A request for an administrative hearing shall be made on an administrative hearing request form and shall include the grounds for requesting an administrative hearing. The request shall be accompanied by a deposit of the fine amount imposed in the civil citation.

(C) The hearing officer shall set the date, time, and location for administrative hearings. Unless the hearing is otherwise continued, a responsible person requesting an administrative hearing shall attend the hearing on the date, time, and location set by the hearing officer. Failure to attend the hearing shall constitute an abandonment of the request for an administrative hearing.

(`64 Code, Sec. 21-11) (Ord. No. 2488, 2764)

(A) The administrative hearing shall be conducted by a hearing officer on the date, time, and location set by the hearing officer.

(B) The city manager shall ensure that all information relevant to the civil citation is provided to the hearing officer prior to the hearing date. The city manager shall provide the responsible person with a copy off all information provided to the hearing officer.

(C) The responsible person shall be allowed to testify and to present evidence relevant to any financial hardship or any code violation specified in the civil citation.

(D) The civil citation and any other reports prepared by the enforcement officer concerning the code violation or attempted correction of the code violation provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and of the facts stated in such documents.

(E) Neither the enforcement officer nor any other representative of the city shall be required to attend an administrative hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the civil citation. The enforcement officer may, in his/her discretion, appear at an administrative hearing and/or submit additional evidence.

(F) If a request is made by the responsible person or a representative of the city setting forth good cause for a continuance, the hearing officer may continue an administrative hearing.

(G) If a continuance is granted, a new hearing date shall be set within 45 days and shall be specified in the notice of continuance. If a continuance is denied, the administrative hearing shall proceed as scheduled. The decision of the hearing officer to grant or deny a continuance shall be final and is not subject to judicial review.

(H) An administrative hearing shall be conducted informally without strict adherence to the legal rules of evidence.

(I) Failure of the responsible person to appear at a hearing shall constitute an abandonment of the hearing and a failure to exhaust administrative remedies concerning the violation set forth in the civil citation. Failure to appear by the responsible person shall be noted on the notice of decision by the hearing officer which will be mailed to the responsible person.

(J) The hearing officer may continue any hearing to request additional information from the enforcement officer, the responsible person, or representatives of such persons prior to issuing a written decision. The hearing officer is not required to continue the hearing on the date the administrative hearing is held. A hearing is not closed until the hearing officer receives any additional information requested pursuant to this subdivision.

(`64 Code, Sec. 21-12) (Ord. No. 2488, 2764, 2824)

(A) Within 15 working days after closing the hearing, the hearing officer shall issue a written decision to uphold or dismiss the civil citation. The decision of the hearing officer shall be final.

(B) The hearing officer may not increase or reduce any fine specified in a civil citation.

(C) The notice of decision shall be personally delivered or mailed to the responsible person.

(D) If the hearing officer dismisses the civil citation, the city shall, within 30 days of the date of the notice of decision, refund to the responsible person any fine deposited with the city.

(E) If the hearing officer upholds a civil citation when the fine deposit has been waived, the hearing officer shall specify in the notice of decision the due date for payment of the fine.

(`64 Code, Sec. 21-13) (Ord. No. 2488, 2824)

(A) The responsible person may seek judicial review of the hearing officer's decision by filing an appeal with the Ventura County Superior Court Clerk within 20 calendar days after the responsible person receives a copy of the notice of decision in accordance with Cal. Gov't Code, Section 53069.4. Any appeal filed with the superior court shall contain a proof of service showing that a copy of the appeal was served upon the city. The responsible person must pay the appropriate filing fees.

(B) Judicial review is not available for the following:

(1) An administrative decision at the conclusion of a preliminary review;

(2) An administrative decision regarding a request to extend the 14-day correction period for building code violations;

(3) An administrative decision regarding a waiver of the fine deposit; or

(4) An abandonment of an administrative hearing by a responsible person by failing to appear at the administrative fearing or failing to deposit the appropriate fine amount.

(C) Within 15 days of any request, the city attorney or designee shall forward to the superior court, the appropriate notice of decision and civil citation for any matter appealed to the superior court. If the superior court reverses any decision of the hearing officer, the city shall refund the superior court filing fee and any fine deposit paid by a responsible person.

(`64 Code, Sec. 21-14) (Ord. No. 2488, 2764)

(A) The city manager may pursue any and all legal and equitable remedies for the collection of delinquent fines, including interest and penalties.

(B) If an individual has any delinquent fines, interest, penalties, liens or assessments, the city manager may refuse to issue, extend, or renew a permit, license, or other approval pertaining to the property that is the subject of the civil citation and delinquent fines.

(C) The city attorney may issue a criminal citation or complaint against any responsible person not timely paying any fine due to the city.

(D) Any code violation shall constitute a public nuisance. To gain compliance, the city manager may seek to abate the public nuisance and collect the costs incurred by the city by recording a nuisance abatement lien and/or special assessment against the property where a property-related code violation occurred pursuant to Cal. Gov't Code, Sections 38773.1 and 38773.5.

(E) Any delinquent fines, interest and penalties may be recovered as a lien or special assessment against the property of the responsible person.

(F) Prior to recording a lien or special assessment, the city manager shall prepare a cost report itemizing the amount owed by the responsible person.

(G) The city manager shall notify each responsible person of the time, date and location that the city council shall consider any cost report imposing a lien or special assessment on the property of the responsible person.

(H) At a public hearing, the city council shall consider the cost report with any objections of any responsible person liable to be assessed for the costs stated in the report. The city council may modify the cost report as appropriate.

(I) Upon approval by the city council, the city manager shall file a certified copy of the cost report with the county auditor. The city manager shall request the auditor to enter each assessment on the county tax roll and to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes.

(`64 Code, Sec. 21-15) (Ord. No. 2488, 2764)

When the city confiscates, impounds or takes possession of property as a result of an enforcement action pursuant to the city code, the city will follow the notification, storage, documentation, and disposition procedure outlined below in accordance with Cal. Civil Code, Section 2080.10.

(Ord. No. 3066)

(A) Notice of removal. At the time of removal of any confiscated property, any city enforcement personnel or officer (fire, police or code compliance) shall provide the individual from whom property is being taken or otherwise asserts ownership, or control of the property, with a notice of removal that includes instructions and timeframes of the retrieval of the property. The notice shall advise the individual of the right to appeal the removal of the property with 14 calendar days of removal.

(1) If the owner or other person in possession or control of the property leaves the scene or otherwise refuses to accept the notice, the city enforcement personnel or officer shall mail the notice via first class mail to the person from whom the property was removed or who otherwise asserts possession and control of the items within 24 hours of removal, if the person provided his or her name and contact information to the city enforcement personnel or officer.

(2) If the city enforcement personnel or officer is not provided with the owner contact information to deliver or mail the notice, then the property shall be held by the city for 60 days and then disposed of in accordance with State law and this section.

(B) Inventory. The enforcement official shall document the following information (as applicable):

(1) The time period when the city enforcement personnel or officer observed sidewalk vending items;

(2) The location where the sidewalk vending items were located prior to removal;

(3) Any reasonable attempt to locate the owner of the sidewalk vending items - including any person's refusal to provide identification;

(4) The circumstances that support the city enforcement personnel or officer's determination of the ground or bases for removal - including the vendor's failure to comply with a city enforcement personnel or officer's instructions to remove the sidewalk vending items from the sidewalk, park, or other public right-of-way;

(5) The date and time of removal of the items;

(6) An inventory with a complete description of sidewalk vending items removed - including any items that were disposed of pursuant to Section 7-66(C) hereinbelow. The inventory should also state the basis for disposing of any removed item.

(a) If, based upon a totality of the circumstances, the enforcement official cannot complete an inventory of each item being removed at the time of removal due to safety concerns, the enforcement official may relocate the sidewalk vending items to a safe location and complete the inventory and description of items thereat. No item shall be disposed of prior to completion of the inventory of that item.

(C) Storage or disposal of removed sidewalk vending items. After storing the property for 60 days, if the confiscated or impounded property remains unclaimed the city will dispose of the property as follows:

(1) The city manager or his/her designee shall determine the disposition of the property as follows:

(a) Items which can be re-used will be disposed of as follows:

1. Use by the city upon a determination by the city manager that the item offers a benefit to the public;

2. Donation of the item to a non-profit organization; or

3. Sale of the item(s) through a public auction or bid process.

(2) If the city does not retain the property, or it cannot be sold or donated, then the city will dispose of the property in the same manner as refuse, in accordance with any applicable State or local regulation.

(D) Proceeds from the sale of any items shall be deposited in the fund associated with the city department responsible for storing and preserving the property.

(E) In the event the owner of the property appears one day before the date the property is sold or gifted to a nonprofit organization, provides satisfactory proof of ownership to reclaim the property, and reimburses the city for all expenses incurred in the care and preservation of the property, the property shall then be restored to the owner. An appeal is not required to reclaim removed items.

(F) As used in this section, "property" does not include animals or vehicles.

(G) This section does not apply to:

(1) Unclaimed property that is perishable, soiled, contaminated, fouled, polluted or hazardous in nature, that has been determined by a director to pose a health or safety risk to persons or the environment, may be destroyed as soon as possible through a certified and licensed vendor or other city provider; or

(2) Lost or unclaimed property in the possession of the Oxnard Police Department.

(H) Appeal of removal of sidewalk vending items. Any person to whom a notice of removal was provided or other person asserting ownership of sidewalk vending items removed by the city may contest/appeal the removal of sidewalk vending items by filing a written request for appeal with the community development department - code compliance division within 14 calendar days of removal. Any request for appeal shall contain, at a minimum, the following information:

(1) The date and time the items were removed by the city.

(2) The location from which the items were removed by the city.

(3) A description of the confiscated items sought to be reclaimed by the owner.

(4) If appellant is not the person to whom a notice of removal was issued, proof of ownership of the items that were removed by the city.

(5) A brief statement explaining why the removal was improper in sufficient detail to enable the hearing officer to understand the nature of the controversy.

(Ord. No. 3066)