4857.3 - Findings and orders.

At the conclusion of the hearing or within a reasonable time thereafter, the Hearing Officer shall make written findings of the pertinent factual issues, applying the legal standards of the Safe Drinking Water Act and any rule, regulation, standard, permit or order promulgated thereunder, applicable to the particular proceeding. Such findings shall be supported by the weight of the evidence presented at the hearing. If said hearing is conducted upon the demand of any person other than the Division, and said person fails to appear at the time of said hearing, and no other person appears to present evidence, the Hearing Officer may, in his discretion, find in favor of the Division on all issues upon the presentation of a written statement of the facts alleged by the Division.

The Hearing Officer shall determine what, if any, order should be issued to enforce the provisions of the Safe Drinking Water Act, or any rule, regulation, standard, permit or order promulgated thereunder. The Hearing Officer may not issue any order which was not stated as a possible remedy within the original notice of hearing, but otherwise he may issue all orders that he deems appropriate in the circumstances, including, without limitation, affirmation in whole or in part of any order or citation of the Division.

A written copy of findings and any order of the Hearing Officer shall be promptly served on each person who was entitled to be served with notice of the hearing. The findings and order shall be deemed served on the day said findings and order are delivered or mailed, registered and postage prepaid, to each such person, whichever is earlier. The examiner's findings and order shall be final and conclusive upon service of the findings and order.

(Ord. No. 4598, § I, 3-22-2022)

4858 - Cost of enforcement.

If after a hearing, the Hearing Officer has ordered abatement of the nuisance, or if the Division has issued without a hearing an abatement order that has become final and conclusive, and if the responsible person has nevertheless failed to abate the nuisance within the time specified by the Hearing Officer or in the order, the Division may take whatever action is necessary to abate the nuisance in accordance with VCOC Division 13, Abatement of Public Nuisances.

(Ord. No. 4598, § I, 3-22-2022)

4859 - Appeal.

Any person may appeal any decision of the Hearing Officer as allowed in VCOC Division 13, Section 13106.5. Appeal must be filed within thirty (30) days after service of the Hearing Officer's findings and order, or such action shall be barred. If no timely demand for an appeal has been made, the abatement order shall be final and conclusive upon expiration of the time for demand of a hearing. If timely demand for an appeal has been made, the abatement order shall not be final and conclusive pending the appeal.

(Ord. No. 4598, § I, 3-22-2022)

4860 - Lien.

If a civil penalty or abatement cost is assessed against any person by any court of competent jurisdiction, or by the Division or a Hearing Officer, and if said civil penalty or abatement cost has not been paid within sixty (60) days after the order thereon became final and conclusive, the County of Ventura shall have a lien against any property of any person, including, without limitation, any public water system, against whom the penalty or cost was assessed. Lien procedures shall be in accordance with VCOC Division 13, Sections 13108 through 13110.

(Ord. No. 4598, § I, 3-22-2022)