Ventura Municipal Code § 2.370.110 Violations

9 Editor’s note(s): Ord. No. 2004-003, § 1, adopted February 2, 2004, amended Chapter 2.370 in its entirety, in effect repealing and reenacting said chapter to read as herein set out. The former Chapter 2.370, Sections 2.370.010 through 2.370.080, pertained to the disaster council and derived from Ord. No. 2003-003, § 1, adopted April 28, 2003.

Cross reference(s) – Earthquake hazard reduction in existing buildings, Chapter 12.155.

This chapter is adopted for the purpose of establishing the city’s emergency response organization, and to provide for the preparation, adoption and implementation of city emergency response plans in the event of emergency conditions caused by fire, flood, storms, earthquakes, epidemic, riots or war or other events. (Ord. No. 2004-003, § 1, 2-2-04)

The following definitions shall govern the meaning of the various words and phrases used in this chapter:

The term “emergency” shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as fire, flood, storm, earthquakes, epidemic, riot or war, including conditions that are likely to be beyond the control of the services, personnel, equipment, and facilities of the city, requiring the combined forces of other political subdivisions to combat.

The term “Standardized Emergency Management System (SEMS)” shall mean the state-wide emergency response structure and protocols that have been established pursuant to the provisions of Chapter 1, Division 2, Title 19 of the California Code of Regulations in order to manage responses to multi-agency and multi-jurisdictional emergencies and to facilitate communications and coordination between all levels of the system and all responding agencies. (Ord. No. 2004-003, § 1, 2-2-04)

A city disaster council is hereby created and shall consist of the following:

A. The city manager who shall be the chairperson of the city disaster council;

B. The city fire chief or such other city officer or employee as may be designated in writing by the city manager, who shall serve as the vice chairperson of the city disaster council;

C. The city officers or employees designated to serve on the disaster council in various capacities in the city emergency response plan adopted in the manner hereinafter provided in this chapter; and

D. Representatives of civic, business, labor, veterans, professional, or other organizations that have emergency responsibilities, and that may be appointed to the disaster council by the city manager. (Ord. No. 2004-003, § 1, 2-2-04)

The city disaster council shall develop and recommend for adoption by the city council emergency response plans and mutual aid plans, as well as the rules, regulations and agreements that are necessary to implement such plans. The disaster council shall meet upon call of the chairperson, or upon the call of the vice chairperson in the event of the chairperson’s absence from the city or inability to call such meeting. (Ord. No. 2004-003, § 1, 2-2-04)

The city manager shall also serve as the director of disaster services, and in that capacity shall have the additional power and responsibility to:

A. Request the city council to proclaim the existence or threatened existence of a “local emergency” if the city council is in session, or to issue such proclamation if the city council is not in session. However, whenever the director of disaster services proclaims the existence of a local emergency, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

B. Request the Governor to proclaim a “state of emergency” when, in the opinion of the director of disaster services, the locally available resources are inadequate to cope with the emergency.

C. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter.

D. Direct cooperation between and coordination of services and staff of the emergency organization of the city, and resolve questions of authority and responsibility that may arise between them.

E. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

F. In the event of the proclamation a state of emergency by the Governor or the Director of the State Office of Emergency Services:

1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council.

2. To obtain vital supplies, equipment and such other property found lacking and needed for the protection of the life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use.

3. To require emergency services of any city officer or employee and command the aid of as many citizens of this community as the director of disaster services deems necessary in the execution of their duties, which persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers.

4. To requisition necessary personnel or material of any city department or agency; and

5. To execute all of the special powers conferred upon the director of disaster services by this chapter or by resolution or emergency plan adopted by the city council, and all powers conferred upon them by a statute, by an agreement approved by the city council and by any other lawful authority.

G. Direct the Ventura police department and the city’s code enforcement division to enforce any and all orders issued by the Ventura County health officer in conjunction with declared local health emergencies, utilizing the enforcement procedures under Section 2.370.055. (Ord. No. 2004-003, § 1, 2-2-04; Ord. No. 2020-012, § 2, 4-7-20)

In addition to, and not in lieu of, any remedy that may be pursued for a violation, if the city manager issues a directive provided for in Section 2.370.050(G), the following procedure shall be utilized with respect to the issuance of administrative citations issued under that section:

A. Definitions.

“Citee” means the person to whom an enforcement officer has issued an administrative citation for a violation of a Ventura County health officer order.

“Day” means a business day during which City Hall is typically open to the public.

“Enforcement officer” means a Ventura police officer or a city code enforcement officer.

B. Educational Process. The city manager, chief of police, and community development director will formulate a process to educate the public and organizations regarding the provisions of the Ventura County health officer order and to encourage voluntary compliance therewith. That educational and voluntary compliance process will be implemented prior to the city utilizing any of the enforcement procedures in this section.

C. Warning Process. The following warning process shall be followed by the Ventura police department and the city’s code enforcement division subsequent to the educational process referred to in subsection B of this section being implemented:

1. Documented Verbal Warning. Upon witnessing a violation of the order issued by the Ventura County health officer in conjunction with a declared local health emergency, the enforcement officer witnessing the violation shall orally notify the violator of the violation and request compliance therewith. The enforcement officer shall document the verbal warning in a format approved by the city attorney’s office.

2. Written Warning. If the verbal warning given pursuant to subsection (C)(1) of this section does not result in compliance with the Ventura County health officer’s order within 24 hours of the issuance of the verbal warning, the enforcement officer shall issue the violator a written warning listing the specific provision(s) of the order that has or have been violated. The written warning shall be in a form approved by the city attorney’s office.

D. Administrative Citation Process.

1. Administrative Citation. If the written warning given pursuant to subsection (C)(2) of this section does not result in compliance with the Ventura County health officer’s order within 24 hours of the issuance of said warning, the enforcement officer shall issue the violator an administrative citation listing the specific provision(s) of the order that has or have been violated. The administrative citation shall be in a form typically utilized by the city. A copy of the citation shall be provided to the city clerk’s office. An administrative citation issued under this subsection shall carry with it a civil fine of $500.00.

2. Administrative Review.

a. Initial Review. If a person or organization issued an administrative citation pursuant to subsection (D)(1) of this section elects to contest the citation, a request for initial review must be submitted to the city clerk’s office, on a form approved by the city attorney’s office, within 10 days of issuance of the citation. The city clerk’s office shall send a copy of the administrative citation and request for initial review to the enforcement officer and their department head. The department head shall immediately appoint a reviewer. If the citation was issued by a Ventura police officer, the reviewer shall be a member of the Ventura police department of the rank of commander or higher; if the citation was issued by a code enforcement officer, the reviewer shall be the city’s code enforcement division manager. In determining whether to uphold or overturn the citation, the reviewer shall consider (i) whether there was a violation of the Ventura County health officer order, and (ii) whether the violation was, in fact, committed by the citee. The initial review decision shall be in writing, either upholding or overturning the issuance of the administrative citation, and shall be completed within five days of receipt of the request for initial review. The reviewer shall send the decision to the citee by U.S. mail and to the enforcement officer by email, with a copy to the city clerk. If the decision is not sent within five days of the department head appointing the reviewer, the administrative citation will be considered vacated.

b. Administrative Hearing. If a person or organization issued an administrative citation which is upheld by the reviewer pursuant to subsection (D)(2)(a) of this section elects to contest the reviewer’s decision, a request for administrative hearing must be submitted to the city clerk’s office, on a form approved by the city attorney’s office, within 10 days of the reviewer’s decision being mailed to the citee. The request shall be accompanied by a deposit of $500.00, unless the citee demonstrates a valid financial hardship pursuant to Section 1.50.430.

i. Notice. Notice of the hearing shall be sent to the citee by the city clerk via U.S. mail and the enforcement officer who issued the citation via email. A copy of the notice shall also be provided to the enforcement officer’s department head. The department head shall immediately provide the city clerk with copies of the documented verbal warning, written warning and reviewer’s decision.

ii. Time. The administrative hearing shall be scheduled for a date within 15 to 30 days of the notice being mailed to the citee and emailed to the enforcement officer. The hearing date may be continued once for an additional period of 10 days if a request to do so is made by the citee or enforcement officer within five days of receiving the original notice.

iii. Hearing Officer. The hearing officer shall be the assistant city manager, deputy city manager or a city department head (other than the city attorney, police chief, or community development department director), appointed by the city manager. The city manager shall inform both the hearing officer and city clerk’s office of the appointment. The hearing officer shall provide copies of the verbal warning, written warning, administrative citation and reviewer’s decision to the hearing officer.

iv. Enforcement Officer. The enforcement officer who issued the citation shall appear at the hearing, testify under oath, and present documentary evidence of the alleged violation. If the enforcement officer fails to appear at the hearing, the citation shall be vacated by the hearing officer.

v. Citee. The citee is not required to attend the hearing. If the citee does not attend the hearing, the enforcement officer must still attend the hearing and present evidence of the alleged violation.

vi. Evidence. The provisions of the California Evidence Code shall not apply at the hearing, but (A) testimonial and documentary evidence submitted to the hearing officer shall be relevant to the matters at issue, and (B) rules of privilege shall apply. Copies of the documented verbal warning, written warning, and administrative citation shall be admitted into evidence. The citee and enforcement officer shall be given an opportunity to submit testimony from witnesses and to present documents.

vii. Issues. In determining whether to uphold or overturn the decision of the reviewer, the hearing officer should consider (A) whether there was a violation of the Ventura County health officer order, and (B) whether the violation was, in fact, committed by the citee.

viii. Decision. The hearing officer shall render a decision based on a preponderance of the evidence standard. The hearing officer shall issue a written decision either upholding or overturning the decision of the reviewer, citing the specific violation and the evidence which supports said violation. The decision shall be prepared within five days of the hearing being completed. The city clerk shall send the decision to the citee via U.S. mail, and to the enforcement officer, the reviewer and the enforcement officer’s department head via email. If the decision is not mailed and emailed within 10 days of the decision being prepared, the administrative citation will be considered vacated.

ix. Fine. If the hearing officer upholds the administrative citation, the city shall retain the $500.00 deposit. If the hearing officer overturns the administrative citation, the city shall promptly return the $500.00 deposit to the citee.

c. Court Action. If a person or organization issued an administrative citation, which is upheld by a hearing officer, elects to contest the hearing officer’s decision, said person or organization must do so in accordance with California Code of Civil Procedure Section 1094.5 et seq. (Ord. No. 2020-012, § 2, 4-7-20)

In addition to, and not in lieu of, any remedy that may be pursued for a violation, if the city manager issues a directive provided for in Section 2.370.050 or the city council adopts emergency ordinances for the purposes of mitigating a declared disaster or emergency (“emergency actions”), the following procedure shall be utilized with respect to the issuance of administrative citations issued under that section or to such emergency ordinance:

A. Definitions.

“Citee” means the person to whom an enforcement officer has issued an administrative citation for a violation of an emergency action by the city.

“Day” means a business day during which City Hall is typically open to the public.

“Enforcement officer” means a Ventura police officer or a city code enforcement officer.

B. Educational Process. The city manager, chief of police, and community development director will formulate a process to educate the public and organizations regarding the provisions of any emergency actions adopted by the city and to encourage voluntary compliance therewith. That educational and voluntary compliance process will be implemented prior to the city utilizing any of the enforcement procedures in this section.

C. Warning Process. The following warning process shall be followed by the Ventura police department and the city’s code enforcement division subsequent to the educational process referred to in subsection B of this section being implemented:

1. Written Warning. The enforcement officer shall issue the violator a written warning listing the specific provision(s) of the emergency action that has or have been violated. The written warning shall be in a form approved by the city attorney’s office. In the event that signage is placed where the violation occurs and such signage advises the public that certain activities are prohibited and illegal, the placement of the signs by the city shall constitute the written warning required by this subsection.

D. Administrative Citation Process.

1. Administrative Citation. If the written warning given pursuant to subsection (C)(1) of this section does not result in compliance with the emergency actions within one hour of the issuance of said warning, the enforcement officer shall issue the violator an administrative citation listing the specific provision(s) of the emergency actions that has or have been violated. The administrative citation shall be in a form typically utilized by the city. A copy of the citation shall be provided to the city clerk’s office. An administrative citation issued under this subsection shall carry with it a civil fine of $500.00 per offense; provided, however, that this civil fine will increase to $1,000 for a second offense and $2,000 for a third or subsequent offense for any person that conducts an organized athletic, sports, or recreation activity on city’s sports fields without a permit during the state of emergency.

2. Administrative Review.

a. Initial Review. If a person or organization issued an administrative citation pursuant to subsection (D)(1) of this section elects to contest the citation, a request for initial review must be submitted to the city clerk’s office, on a form approved by the city attorney’s office, within 10 days of issuance of the citation. The city clerk’s office shall send a copy of the administrative citation and request for initial review to the enforcement officer and their department head. The department head shall immediately appoint a reviewer. If the citation was issued by a Ventura police officer, the reviewer shall be a member of the Ventura police department of the rank of commander or higher; if the citation was issued by a code enforcement officer, the reviewer shall be the city’s code enforcement division manager. In determining whether to uphold or overturn the citation, the reviewer shall consider:

i. Whether there was a violation of any emergency actions; and

ii. Whether the violation was, in fact, committed by the citee.

The initial review decision shall be in writing, either upholding or overturning the issuance of the administrative citation, and shall be completed within five days of receipt of the request for initial review. The reviewer shall send the decision to the citee by U.S. mail and to the enforcement officer by email, with a copy to the city clerk. If the decision is not sent within five days of the department head appointing the reviewer, the administrative citation will be considered vacated.

b. Administrative Hearing. If a person or organization issued an administrative citation which is upheld by the reviewer pursuant to subsection (D)(2)(a) of this section elects to contest the reviewer’s decision, a request for administrative hearing must be submitted to the city clerk’s office, on a form approved by the city attorney’s office, within 10 days of the reviewer’s decision being mailed to the citee. The request shall be accompanied by a deposit equal to the amount of the civil fine designated in the administrative citation, unless the citee demonstrates a valid financial hardship pursuant to Section 1.50.430.

i. Notice. Notice of the hearing shall be sent to the citee by the city clerk via U.S. mail and the enforcement officer who issued the citation via email. A copy of the notice shall also be provided to the enforcement officer’s department head. The department head shall immediately provide the city clerk with copies of the documented verbal warning, written warning, and reviewer’s decision.

ii. Time. The administrative hearing shall be scheduled for a date within 15 to 30 days of the notice being mailed to the citee and emailed to the enforcement officer. The hearing date may be continued once for an additional period of 10 days if a request to do so is made by the citee or enforcement officer within five days of receiving the original notice.

iii. Hearing Officer. The hearing officer shall be the assistant city manager, deputy city manager, or a city department head (other than the city attorney, police chief, or community development department director), appointed by the city manager. The city manager shall inform both the hearing officer and city clerk’s office of the appointment. The hearing officer shall provide copies of the verbal warning, written warning, administrative citation, and reviewer’s decision to the hearing officer. For second or subsequent offenses, the hearing officer shall be provided with the previous citations(s) and the results of any review or appeal filed.

iv. Enforcement Officer. The enforcement officer who issued the citation shall appear at the hearing, testify under oath, and present documentary evidence of the alleged violation. If the enforcement officer fails to appear at the hearing, the citation shall be vacated by the hearing officer.

v. Citee. The citee is not required to attend the hearing. If the citee does not attend the hearing, the enforcement officer must still attend the hearing and present evidence of the alleged violation.

vi. Evidence. The provisions of the California Evidence Code shall not apply at the hearing, but:

(A) Testimonial and documentary evidence submitted to the hearing officer shall be relevant to the matters at issue; and

(B) Rules of privilege shall apply.

Copies of the documented verbal warning, written warning, and administrative citation shall be admitted into evidence. For second and subsequent offenses, copies of all previous citations and the outcome of any review or appeal decision shall also be included in the record.

The citee and enforcement officer shall be given an opportunity to submit testimony from witnesses and to present documents.

vii. Issues. In determining whether to uphold or overturn the decision of the reviewer, the hearing officer should consider:

(A) Whether there was a violation of the emergency actions; and

(B) Whether the violation was, in fact, committed by the citee.

viii. Decision. The hearing officer shall render a decision based on a preponderance of the evidence standard. The hearing officer shall issue a written decision either upholding or overturning the decision of the reviewer, citing the specific violation and the evidence which supports said violation. The decision shall be prepared within five days of the hearing being completed. The city clerk shall send the decision to the citee via U.S. mail, and to the enforcement officer, the reviewer and the enforcement officer’s department head via email. If the decision is not mailed and emailed within 10 days of the decision being prepared, the administrative citation will be considered vacated.

ix. Fine. If the hearing officer upholds the administrative citation, the city shall retain the deposit provided with the request. If the hearing officer overturns the administrative citation, the city shall promptly return the deposit to the citee.

c. Court Action. If a person or organization issued an administrative citation, which is upheld by a hearing officer, elects to contest the hearing officer’s decision, said person or organization must do so in accordance with California Code of Civil Procedure Section 1094.5 et seq. (Ord. No. 2020-012, § 2, 4-7-20; Ord. No. 2020-027, § 2, 12-7-20)

The city fire chief or such other city officer or employee as may be designated in writing by the city manager shall serve as the assistant director of disaster services, and in that capacity shall be responsible for the development of emergency plans, the management of the city’s emergency programs, and the performance of such other duties and responsibilities as may be assigned to them by the director of disaster services.

The assistant director of disaster services shall also act as the director of disaster services in the event the director is absent from the city or otherwise unavailable to perform their duties during an emergency. (Ord. No. 2004-003, § 1, 2-2-04)

All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or operation of law, be charged with duties incident to the protection of life and property in the city during such emergency, including persons impressed into service under the provisions of this chapter, shall be charged with duties incident to the protection of life and property in the city during such emergency, and shall constitute the emergency response organization of the city.

In the event of an emergency and the activation of the city’s emergency operations center, the city emergency response organization shall fulfill the roles and have the duties and responsibilities provided for in the city emergency response plans adopted by resolution of the city council. (Ord. No. 2004-003, § 1, 2-2-04)

The city disaster council shall develop a proposed emergency response plan that provides for the effective mobilization of all resources of this city, both public and private, to meet any condition constituting an emergency. Such plan shall provide for the organization, powers and duties, services, and staff of the city’s emergency response organization, and shall conform in all material respects to the requirements of the statewide Standardized Emergency Management System (SEMS). The city emergency response plan shall take effect when approved and adopted by resolution of the city council. (Ord. No. 2004-003, § 1, 2-2-04)

Any expenditures made in connection with emergency activities, including mutual aid activities, and emergency preparedness services provided to the city under contract or agreement, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. No. 2004-003, § 1, 2-2-04)

It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for a period not to exceed six months, or both such fine and imprisonment, for any person, during an emergency to:

A. Willfully obstruct, hinder or delay any member of the city’s emergency response organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter.

B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of the city, or to prevent, hinder, or delay the defense or protection thereof.

C. Wear, carry or display without authority any means of identification specified by the emergency agency of the state. (Ord. No. 2004-003, § 1, 2-2-04; Ord. No. 2020-012, § 3, 4-7-20)