Thousand Oaks Municipal Code Art. 2 Civil Penalty Procedure

(a) Any violation of the provisions of this code is subject to a civil penalty.

(b) This chapter establishes the administrative procedures for the imposition, enforcement, collection and administrative review of civil penalties pursuant to Government Code Section 53069.4.

(c) The issuance of an civil penalty citation under this chapter is solely at the City's discretion and is one option the City has to address violations of this code. By adopting this chapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, for any violation of the Municipal Code.

(Ord.1430-NS, eff. Dec. 16, 2004)

For the purpose of this chapter certain words and phrases are defined as follows:

(a) “Administrative Hearing.” A civil proceeding to contest a civil penalty citation.

(b) “Citation.” A civil penalty citation charging the citee with a code violation issued pursuant to this chapter.

(c) “Citee.” Person served with a civil penalty citation charging them as a responsible person for a code violation.

(d) “Code Violation.” A violation of the Thousand Oaks Municipal Code.

(e) “Enforcement officer.” Any City employee or agent of the City with the authority and responsibility to enforce provisions of this code as designated by the director of the applicable City department.

(f) “Hearing Officer.” A person appointed by the City Attorney to conduct, consider and decide administrative hearings. Prior to being appointed, a hearing officer must first be certified by the City Attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience.

(g) “Issuance date.” The date when a citation is served on the citee.

(h) “Person.” A natural person or any other legal entity, including its owners, majority stockholders, corporate officers, trustees, and general partners.

(i) “Responsible person.” A person who creates, causes, maintains or allows a code violation to exist or occur by their action or failure to act.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) Upon determining that a provision of this code has been violated, an enforcement officer has the authority to issue a civil penalty citation to any responsible person. However, prior to issuance of a civil penalty citation for a continuing violation of a building, plumbing, electrical or other similar structural or zoning issue that does not create an immediate danger to health or safety, a responsible person shall be provided with notice of the violation and a reasonable period of time to correct the violation, but in no case less than 20 days.

(b) A responsible person upon whom a citation is served is liable for and shall pay to the City the penalties described in the citation.

(c) Each day a code violation exists shall constitute a separate violation and be subject to a separate penalty.

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

(e) Civil penalty citations shall contain the following information:

(1) Name of the responsible person;

(2) Address or other description of the location where the code violation occurred;

(3) Date(s) on which the code violation(s) occurred or existed;

(4) Issuing department;

(5) The code section(s) violated;

(6) Brief description of the violation;

(7) Amount of the penalty;

(8) Procedure to pay the penalty;

(9) Description of the procedure for requesting a Preliminary Review, a Waiver of Penalty Deposit and an Administrative Hearing to contest a citation;

(10) A notice that the code violation may constitute a nuisance and that collection of unpaid penalty and nuisance abatement costs may be enforced as an assessment or lien against property;

(11) Printed name and signature of the issuing enforcement officer;

(12) Date the citation is served;

(13) A distinct citation number.

(Ord.1430-NS, eff. Dec. 16, 2004)

A citation may be served as follows:

(a) An enforcement officer may personally deliver the citation to the citee.

(b) An enforcement officer may mail the citation by first class mail to the citee's last known address. An address shown on the county's last equalized property tax assessment rolls for a property related violation is deemed to be a valid address for service.

(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 citee at the property and at their last known address, if different.

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

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) The amount of the penalties for violating provisions of this code shall be set by resolution of the City Council.

(b) Penalties are due on the day the citation is issued, except that when a penalty deposit has been waived and the hearing officer upholds the citation, the penalty shall be due on the date the decision is issued.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) Penalties shall be paid to the City Treasurer within 35 days of the due date.

(b) Penalties not paid in accordance with the provisions of this chapter are obligations of the responsible party and may be collected by the City through any legal means.

(c) Payment of a penalty shall not excuse the citee from correcting the code violation. The issuance of a citation or payment of a penalty does not bar the City from taking any further enforcement action regarding a code violation that continues to exist, including but not limited to issuing additional civil penalty citations or filing a criminal complaint.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) A citee may request a preliminary review of an citation within 14 days of the date the citation is issued. The citee must present a preliminary review request form, a copy of the citation and any additional information demonstrating the reasons why there was no violation or why the citee is not a responsible person for the violation to the City Treasurer. The purpose of the review is to identify any improper citations due to errors that are readily verifiable and not to resolve factual disputes concerning the citation.

(b) The preliminary review shall be conducted by the director of the issuing department or their designee. The reviewer shall not be the enforcement officer who issued the citation.

(c) If the determination of the preliminary review is that the citation is improper, the citation shall be dismissed. The citee shall be notified of the results of the review in writing within 10 working days of receipt of the request.

(d) A request for preliminary review does not extend any time periods for compliance, the penalty due date or the time to request an administrative hearing.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) Any citee may contest a civil penalty citation by filing a signed written request for an administrative hearing stating the grounds for contesting the citation.

(b) The request must be received by the City Treasurer's Office within 35 days of the date the citation was served and be accompanied by a deposit of the full amount of the penalty.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) A citee who files a request for an administrative hearing may also at the same time file a request for a hardship waiver of the penalty deposit. The request for a hardship wavier of the penalty deposit shall include a statement of the grounds for the request.

(b) The citee requesting the waiver bears the burden of establishing by substantial evidence that they do not have the financial ability to deposit the penalty.

(c) The request will be decided within ten (10) days of filing by the director of the issuing department or their designee. A written decision that the penalty deposit is or is not waived shall be issued.

(d) If the waiver is denied, the citee shall deliver the penalty deposit so that it is received by the City Treasurer within fourteen (14) calendar days of the decision. Failure to make the deposit by the time required shall be deemed an abandonment of the request for administrative hearing.

(e) The filing of a request for hardship waiver of the penalty deposit does not extend any time periods set forth in this chapter. The decision of the director of the issuing department or their designee regarding the request for a hardship waiver of the penalty deposit is final and not subject to review.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) Within ten (10) days following the receipt of a request for administrative hearing and either a deposit of the penalty amount or a decision waiving the penalty deposit, the City Attorneys Office shall schedule an administrative hearing. The date of the hearing shall be no more than 90 days later than the date the request for hearing is filed. The City Attorneys Office shall notify the citee of the date of the hearing.

(b) The City Attorney's Office or the hearing officer may grant a one time continuance of a hearing for no more than 45 days if a request is made showing good cause by the citee or a representative of the City. All continuance requests shall either be made in person at the hearing by the citee or his or her representative if the citee is physically unable to attend, or be made by a written request received by the City Attorney's Office at least 72 hours before the hearing date. If the request for continuance is denied, the hearing shall proceed as noticed.

(c) A citee who requests a continuance waives their opportunity for a hearing within 90 days of the date the citation is issued.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) The hearing shall be conducted by a hearing officer on the date set by the City Attorneys Office.

(b) The citee shall have the opportunity to appear, testify and to present evidence relevant to the code violation alleged in the citation.

(c) The citee may file a written declaration with the City Attorney's Office at least 48 hours prior to the hearing in lieu of personally attending the hearing.

(d) The citation shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in the citation.

(e) Neither the enforcement officer nor any other representative of the City shall be compelled to attend the hearing. However, any such appearance or submission may be made at the discretion of the enforcement officer.

(f) The hearing shall be conducted informally and formal rules of evidence need not be imposed. The hearing officer does not have the authority to issue a subpoena.

(g) The failure of the citee to appear at the hearing or to file written testimony prior to hearing shall constitute an abandonment of the request for administrative hearing and a failure to exhaust administrative remedies concerning the violation set forth in the citation. Any penalty deposit shall be forfeited to the City.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) After considering all evidence and testimony submitted at the administrative hearing, the hearing officer shall issue a written decision to uphold or dismiss the citation within 15 working days.

(b) The hearing officer has no discretion or authority to reduce or modify the amount of any fine.

(c) The decision shall state the reasons and evidence considered for the decision.

(d) If the decision is to uphold the citation, the deposited penalty shall be forfeited to the City. If the decision is to dismiss the citation, the City shall refund the penalty deposit within 30 days of the decision. If the citation is upheld and the penalty deposit has been waived, the penalty shall be due on the date the decision is issued.

(e) The hearing officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the number of citations upheld or canceled by the officer.

(Ord.1430-NS, eff. Dec. 16, 2004)

(a) Notwithstanding any other provision of the Municipal Code, the administrative hearing decision is final and not subject to appeal or further review by any City body or person. The citee may seek judicial review of the administrative hearing decision by filing an appeal to the Ventura County Superior Court in accordance with the provisions of state law.

(b) No appeal is permitted from a decision on a request for preliminary review, or a request for waiver of the penalty deposit, or where the citee is deemed to have abandoned the contest of the citation by failing to appear at the hearing or failure to deposit the penalty.

(Ord.1430-NS, eff. Dec. 16, 2004)