Ventura County Municipal Code § 4857.3 Findings and orders

The purpose of this Article is to provide procedures for administrative enforcement of the preceding Article 2 and the California Safe Drinking Water Act, as set forth in California Health and Safety Code, division 104, part 12, chapter 4 and of all rules, regulations, standards, permits and orders issued or adopted thereunder. This Article does not limit, preclude or supersede any other criminal or civil remedy provided in the California Safe Drinking Water Act or in any other law.

Unless the context requires otherwise, the definitions set forth in Article 2, Section 4852, Definitions, shall also apply to this Article.

(Ord. No. 4598, § I, 3-22-2022)

Footnotes:

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Editor's note— Ord. No. 4598, § I, adopted Mar. 22, 2022, repealed the former Art. 3, §§ 4871—4874, and enacted a new Art. 3 as set out herein. The former Art. 3 pertained to Extension of the California Safe Drinking Water Act to Additional Water Systems and derived from Ord. 3859, adopted May 24, 1988.

In accordance with the standards set forth in the Safe Drinking Water Act and the procedures set forth in this Article, the Division may issue citations to permittees and orders to any person who is in violation of or is threatening to violate the Safe Drinking Water Act, or any permit, regulation or standard thereunder, to do any of the acts, or any combination thereof, set forth in the California Health and Safety Code.

Prior to issuing any citation or order, the Division may order a hearing. Any citation or order issued without a prior hearing shall state the procedure and the time requirement for demand of a hearing. Any person to whom the citation or order was issued without a prior hearing may demand a hearing.

(Ord. No. 4598, § I, 3-22-2022)

In accordance with the standards set forth in the Safe Drinking Water Act, the Division may seek an injunction in a court of law, and may, in the alternative or in combination therewith, abate any nuisance, as defined under the laws of the State of California or under CA Health and Safety Code in accordance with the procedures set forth in Ventura County Ordinance Code (VCOC) Division 13, Abatement of Public Nuisances, shall be followed.

(Ord. No. 4598, § I, 3-22-2022)

Whenever the Division is authorized or required by statue, regulation or due process to conduct an administrative hearing leading to a final decision by the Director or his/her appointed Hearing Officer, the procedures set forth in VCOC Division 13, Abatement of Public Nuisances, shall be followed.

Any party may be represented by counsel. The Hearing Officer may continue any hearing as may be reasonably necessary for the convenience of the Hearing Officer, witnesses, the Division, or any person entitled to receive notice. Any new time and place of a hearing shall be publicly announced at the time and place of the noticed hearing. No further notice need be published or served upon anyone as to the continuance.

(Ord. No. 4598, § I, 3-22-2022)

If any hearing is conducted under this Article, whether such hearing is conducted by order of the Division or by demand of any person, the procedures set forth in VCOC Division 13, Section 13100-1 through 13101.2, shall be followed.

Attendance at the hearing shall constitute a waiver of any defective notice by any person attending the hearing. Failure of any person, served with notice, to appear at the hearing or at any continued hearing shall constitute a default by said person.

(Ord. No. 4598, § I, 3-22-2022)

Evidence and subpoena power allowed at a hearing shall be in accordance with VCOC Division 13, Section 13102.2. Persons present at the hearing shall be informed of the matters to be officially noticed and those matters shall be noted in the record. Any such person shall be given reasonable opportunity on request to refute any officially noticed matters.

If any person disobeys or refuses to respond to a subpoena or a subpoena duces tecum, or refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, or is guilty of misconduct during a hearing, the Hearing Officer may certify the facts to the superior court for a contempt proceeding. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished for contempt. The order and a copy of the certified statement shall be personally served on the person against whom contempt has been charged. The same proceeding shall be had, the same penalties may be imposed, and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in a trial of a civil action before the superior court.

(Ord. No. 4598, § I, 3-22-2022)

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)

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)

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)

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)