Ventura County Municipal Code Ch. 10 Appeal and Violation

(a) A decision by the Director to grant or deny an application for an encroachment permit may be appealed by the applicant only if the decision is not in compliance with this Division.

(b) An appeal of the Director's decision must be filed with the Commissioner within ten (10) days from the date of the Director's decision.

(c) The appeal must be in the form of a written notice signed by the applicant, must state clearly and in detail how the Director's decision does not comply with this Division, and must be accompanied by a copy of the application for a permit as filed with the Director and a written description of any other items submitted in support of the application.

(d) The Commissioner must review the notice of appeal for sufficiency, as follows.

(1) If the notice of appeal complies with this Section, the Commissioner must, within fifteen (15) days after the notice is filed, set a date for a hearing and notify the applicant and the Director of that date.

(2) If the notice of appeal fails to comply with this Section, the Commissioner must summarily deny the appeal without hearing. The Commissioner's decision to summarily deny an appeal must be in writing, must explain the reasons for the decision, and must cite to substantial evidence contained in the written administrative record. The Commissioner must notify the applicant and the Director of the denial within fifteen (15) days after the notice of appeal is filed. The Commissioner's decision to summarily deny an appeal is final.

(3) At the hearing, the applicant must establish to the satisfaction of the Commissioner that the decision of the Director is not in compliance with this Division. The Director may present the grounds for the decision being appealed.

(4) The Commissioner must issue his or her decision on the appeal within fifteen (15) days after the hearing. The decision must be in writing, must explain the reasons for the decision, and must cite to substantial evidence contained in the written administrative record.

(5) The decision of the Commissioner is final and may not be appealed.

(Ord. No. 4540, §§ I, II, 3-19-2019)

(a) Every person who does any act declared by this Division to be unlawful, or having a permit, fails or refuses to comply with any applicable provision of this Division or with any condition of the permit, or performs work contrary to any of the general or special requirements or specifications of the permit, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs.

(b) The Director may, subject first to ninety (90) days' written notice to the permittee and an opportunity to cure, revoke, modify, or suspend any permit on any one (1) or more of the following grounds:

(1) The permit was obtained by fraud or misrepresentation;

(2) The permit is being, or within the recent past has been, exercised contrary to the terms or conditions of the permit's approval or in violation of any statute, ordinance, law, or regulation; or

(3) The use permitted by the permit is being, or within the recent past has been, exercised so as to be detrimental to the public health, welfare, or safety, or so as to constitute a public nuisance.

(Ord. No. 4540, §§ I, II, 3-19-2019)

No applicant whose permit application has been denied in whole or in part may apply for another permit for an encroachment or other activity at the same location within six (6) months from the date of such denial except upon proof of changed conditions or by permission of the Director.

(Ord. No. 4540, §§ I, II, 3-19-2019)