Article 8 — Administrative Enforcement Alternative

4493-1 - Purpose and applicability.

This Article authorizes an Animal Control Officer, as defined by Section 4493-2, to issue an administrative citation assessing a civil penalty in lieu of proceeding with a criminal citation or complaint for enforcement of any violation of the provisions of this Chapter. The determination whether to use such an alternative will be at the sole discretion of the Animal Control Officer. However, the issuance of an administrative citation shall not prevent the issuance of a criminal citation or complaint for any subsequent violation(s) of the same or similar nature.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-2 - Definitions.

The following definitions shall apply to the words or phrases used in this Article.

(a)

The term "citee" means any person to whom an enforcement officer has issued an administrative citation that assesses a civil penalty in the manner provided for by this Chapter.

(b)

The terms "Enforcement Officer" or "Animal Control Officer" means any County officer or employee who is authorized to issue citations for violations of the County Ordinance Code provisions pertaining to animal welfare and control.

(c)

The term ""day" means calendar and not business day.

(d)

The term "Review Officer" means a neutral and impartial person who has been designated or retained to conduct an initial administrative review of the issued citation.

(e)

The term "Hearing Officer" means a person who has been designated or retained to conduct a hearing by the Division.

(f)

The term "County" means the County of Ventura.

(g)

The term "Board of Supervisors" means the Board of Supervisors of the County.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-3 - Determination of civil penalties.

The maximum amount of civil penalties assessed pursuant to this Chapter shall be established by resolution of the Board of Supervisors. In addition to establishing maximum civil penalties for an initial violation of the provisions of this Chapter, such resolution shall also provide for increased maximum penalties for repeated violations and collection fees as referenced within this Chapter but in no event shall any penalty assessed for a separate violation of this Chapter exceed one thousand dollars ($1,000.00). The precise amount of penalty assessed for any violation shall be determined, in the first instance, by the enforcement officer, taking into account the circumstances in light of various factors which include, but are not limited to, the following:

(a)

The actual or potential extent of the harm caused;

(b)

The likelihood to cause harm;

(c)

The seriousness or gravity of the violation (i.e., the level of threat to property, health, or safety of people and animals or the environment);

(d)

Whether the violation is subject to correction by obtaining a permit or license, or cannot be corrected by permit or license;

(e)

The culpability of the violator in causing the violation;

(f)

The length of time over which the violation occurs;

(g)

The history of past violations, either of a similar or different nature, on the same or different property under the same ownership;

(h)

The cooperation of the violator in resolving the existing and past violations;

(i)

The financial burden to the violator;

(j)

The factors and policies set forth in any Civil Administrative Penalty Guidelines adopted by the Board of Supervisors; and

(k)

All other relevant circumstances. Once imposed, the daily penalty will continue to accrue until the violation is corrected to the satisfaction of the Director.

The Director may stay the imposition of penalties or decrease the amount of penalties, either temporarily or permanently, if the Director determines that:

(a)

Substantial progress is being made toward correcting the violation and that decreasing the penalties would further the goal of correcting the violation; or

(b)

Circumstances exist that were either beyond the control of the violator or were unknown at the time the penalties were imposed and warrant the reduction or suspension of the penalties. If the amount of the civil penalties is modified or suspended, the Notice to citee and Administrative Citation provided for in Sections 4493-4 and 4493-5.1, shall be amended stating the modified terms and an Amended Notice to citee shall be served on the violator. The daily civil penalty imposed for a violation that is an infraction shall not exceed the amount of the maximum amount of fines or penalties for infractions set forth in Government Code Section 25132, subdivision (b).

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-4 - Service of citations and notices.

(a)

Notice to Citee. Unless otherwise provided for in this Chapter, all citations and other notices required to be served upon a citee, shall be served either by personal service or by first-class mail, postage prepaid, addressed to the citee at his or her last known address. Such service shall be deemed effective upon the date it is personally delivered to the citee or on the date it is deposited in the mail. The County officer or employee serving the citation or other notice by mail shall complete a declaration of service and attach it to the copy of the citation or other notice.

(b)

Notice to the Division. Unless otherwise provided for by this Chapter, all notices required to be served upon the County pursuant to this Chapter, shall be served either by personal service at the office set forth in the citation or by first class mail, postage prepaid, addressed to the Division at the address set forth in the citation. Such service shall be deemed effective upon the date it is personally delivered to the Division or on the date postmarked when served upon the Division by mail.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-5 - Assessment and payment of civil penalties. 4493-5.1 - Issuance of administrative citation assessing civil penalty.

A person who is assessed a civil penalty for a violation of the provisions of this Chapter shall be served with an administrative civil citation that assesses a civil penalty in an amount established pursuant to Section 4493-1.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-5.2 - Contents of administrative citation.

Each administrative citation shall contain, but not necessarily be limited to, the following information:

(a)

The date of the violation;

(b)

The address or a location description wherein the violation occurred or is occurring;

(c)

The Section(s) of the Chapter that was (were) violated;

(d)

A description of the circumstances of the violation;

(e)

The amount of the civil penalty for the violation;

(f)

The procedures for paying the civil penalty, including the time within which payment must be made and the address for payment;

(g)

An order prohibiting any continuation of the Code violation described in the administrative citation;

(h)

Notice that the payment of any penalties under this Chapter does not excuse or discharge any continued or repeated violation of the Code Section which is the subject of the administrative citation;

(i)

A description of the time and manner in which the citee may request an administrative review of the civil penalty if the citee decides to contest the penalty; and

(j)

The full name of the enforcement officer.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-5.3 - Payment of civil penalties.

A civil penalty assessed against a citee pursuant to the provisions of this Chapter must be paid in full to the Division at the place identified in the administrative citation within thirty (30) days from the date of the citation.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-6 - Collection fees.

A collection fee as prescribed by resolution of the Board of Supervisors shall be assessed to the citee.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-7 - Financial inability to pay penalties and fees.

In the event that a citee proves to the satisfaction of the Division that he or she does not have the financial ability to pay the full amount of the civil penalty, including delinquency fees, as set forth in this Chapter, the Division may permit the citee to execute a

promissory note in lieu of payment at that time. Such note shall provide for payment of all penalties and fees and include a reasonable rate of interest not to exceed that allowed by the California Code of Civil Procedure upon judgments. While this procedure will not satisfy the underlying obligation, it will delay the collection of the amounts due until the date set forth on the promissory note.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-8 - Administrative hearing procedures. 4493-8.1 - Request for administrative review—Request for administrative hearing.

(a)

A citee who is issued a citation assessing a civil penalty arising out of any violation of this Chapter, may request an initial administrative review of the citation within twenty (20) calendar days of its issuance, rather than proceeding directly to a request for an administrative hearing regarding the citation. This request must be made in writing and served upon the Division at the address set forth in the citation. A citee's request must set forth, with particularity, the reasons the citee believes a violation did not occur or that the citee was not responsible for the violation(s), must include a copy of the citation, and must contain the address to which the conclusions of the Division's review should be mailed. A request for an initial administrative review must be accompanied by payment of a fee for administrative review according to the schedule of rates and fees adopted by resolution of the Board of Supervisors.

(b)

Upon receiving a citee's request for review, the Reviewing Official shall review the request, citation and other pertinent information, and provide the citee with written notification that:

(1)

The citation is vacated because there was no violation, or the citee was not responsible for the violation (if the citation is vacated, the Division shall provide the citee with a refund of the fee paid for administrative review);

(2)

The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion.

(c)

The Reviewing Official will mail a copy of the notification to the citee at the address included in the request for initial administrative review along with, if applicable, notice establishing the fine due date and the procedure for requesting an administrative hearing, review within ten (10) business days of receiving citee's request.

(d)

Any citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A citee must request an administrative hearing under Section 4493-8.2, et seq., in writing within twenty (20) calendar days after the date the Division served citee with notice of the administrative review decision. Requests must be submitted to the Division's office and must be accompanied by an advance deposit of the fine or a request for a hardship waiver.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-8.2 - Advance deposit of penalty amount.

A citee who is issued a civil penalty for a violation of this Chapter, may request an administrative hearing to challenge the basis for the citation within twenty (20) calendar days of its issuance. Except as may be provided for in this Chapter, each request for administrative hearing must be accompanied by an advance deposit in an amount equal to the contested civil penalty, including delinquency fees, and the administrative hearing fee set by resolution of the Board of Supervisors or the amount of one thousand dollars ($1,000.00), whichever is less.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-8.3 - Hardship waiver of advance deposit of penalty amount.

(a)

A citee who is financially unable to make an advance deposit of the amount required for an administrative hearing deposit may file an application with the Division within thirty (30) days from citation issuance requesting a waiver of the advance deposit. Such application shall be in a form required by the Division, filed with the request for administrative hearing and shall be accompanied by a declaration, signed under penalty of perjury, with any supporting documents required by the Division, demonstrating the citee's financial inability to pay.

(b)

The Division shall review the request for hardship waiver, including the declaration and supporting documents, within fifteen (15) days of receiving the request and determine whether to grant or deny the request. Thereafter, the Division shall serve the citee with a notice of its determination by mail at the address provided in the waiver application. The determination of the Division as to such waiver shall be final.

(c)

Should the application be denied, the citee must deposit the required advance deposit with the Division not later than ten (10) days following the date the notice of denial of the waiver was served upon the citee. Failure to provide the deposit within ten (10) days shall be deemed a waiver of the citee's right to an administrative hearing and the civil penalty shall be deemed delinquent. The Division shall thereafter serve notice of the penalty amount for the delinquency upon the citee and provide notice to the Hearing Officer.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-8.4 - Administrative hearing date.

Upon receiving a timely request for an administrative hearing, together with any required deposits, the Division shall set an administrative hearing on a date not less than fifteen (15), nor more than sixty (60) days, from the date the hearing is requested. Written notice of the date, time and location of the administrative hearing shall be provided to the citee at least fifteen (15) days prior to the hearing date.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-8.5 - Hearing procedures.

(a)

Issues to be determined at the hearing are limited to whether the violation alleged in the administrative citation actually occurred; and whether the citee was legally responsible for the violation.

(b)

The burden of proof will be upon the Division by a preponderance of the evidence. The citation itself shall be considered as prima facie evidence of the facts contained therein. Both the citee and the enforcement officer shall have the opportunity to testify and present additional evidence concerning the alleged violation. Such evidence may include witness testimony, documents, and other evidence. Strict rules of evidence shall not apply, including hearsay. Evidence must be relevant and material to the issues of whether the violation actually occurred and/or whether the citee was responsible for the violation.

(c)

In lieu of personally appearing at the hearing, the citee may request that the hearing officer decide the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted.

(d)

If the citee fails to appear at the hearing, without having been granted a waiver of presence by the hearing officer, this will be deemed to be a waiver of the right to be personally present. The hearing officer shall then determine the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted, and statements from the enforcement officer during the hearing.

(e)

The enforcement officer who issued the citation may, but is not required to, be present at the hearing, unless the citee serves a subpoena on the enforcement officer to testify at the hearing. In lieu of such attendance the enforcement officer may submit, prior to the hearing, reports, photographs, or other documents to the Division which shall then be forwarded to the hearing officer for consideration. A copy of the documents submitted by the enforcement officer will also be provided to the citee at the commencement of the hearing.

(f)

The hearing officer shall have the authority to continue any hearing and request additional information from the enforcement officer or citee prior to rendering a written decision.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-8.6 - Hearing officer's decision.

(a)

Within ten (10) days after completion of the hearing, the hearing officer shall issue a written decision to uphold or set aside the civil penalty assessed against the citee and shall set forth the reasons for such decision. A copy of the decision shall be provided to the Division.

(b)

The Division shall, after receiving a copy of the hearing officer's determination, promptly provide a copy thereof to the citee at the address set forth in his/her request for administrative hearing either by serving the citee personally, or by first class mail, return receipt requested.

(c)

If the decision of the hearing officer is to sustain the civil penalty, the Division shall accompany the hearing officer's decision with a notice advising the citee that the Division will retain any advance deposit previously paid for the civil penalty amount. If payment was not in the full amount, including a waiver previously granted, full and complete payment will be required within thirty (30) days of the date of the notice.

(d)

The citee shall have the right to file a petition in the Ventura County Superior Court for review of the hearing officer's decision as set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6. Such petition must be filed within ninety (90) days of the date notice of the decision is served on the citee.

(e)

If the decision of the hearing officer is to set aside and vacate the civil penalty, any advance deposit of the civil penalty shall be refunded to the citee. The Division shall also refund the administrative hearing fee previously paid by the citee. The Division shall provide notice to the citee of the decision and the refund, either by serving the citee personally, or by first class mail, return receipt requested. The Division shall also provide notice of the decision to the enforcement officer.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4493-8.7 - Enforcement.

A penalty that is final either by termination of appeal rights or by completion of the appeal process may be collected by any lawfully authorized means including but not limited to filing a civil action to recover the amount of the unpaid penalties.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)