Ventura Municipal Code Art. 1 General Provisions

This chapter is adopted pursuant to the municipal affairs provision of the City Charter for the purpose of making any violation of the San Buenaventura Municipal Code subject to a civil penalty, and to set forth the procedures for the assessment, payment and collection of such penalties. (Ord. No. 2007-001, § 1, 1-22-07)

This chapter authorizes an enforcement officer, as defined herein, to issue an administrative citation assessing a civil penalty in order to enforce the provisions of this code. Issuance of an administrative citation in the manner provided for by this chapter shall be at the sole discretion of an enforcement officer. If an enforcement officer determines to issue an administrative citation assessing a civil penalty for a violation of this code, such enforcement action shall be in lieu of any criminal citation or complaint that could have been issued for such violation. However, the issuance of the administrative citation does not prevent the issuance of a criminal citation or complaint for any subsequent violation or violations of the same or similar nature. (Ord. No. 2007-001, § 1, 1-22-07)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

“Chief financial officer” means the chief financial officer of the city or their designee.

“Citee” means the person to whom an enforcement officer has issued an administrative citation that assesses a civil penalty against such person in the manner provided for by this chapter.

“Day” means calendar, not business, day.

“Enforcement officer” means any city officer or employee who is authorized by the city manager, police chief, fire chief, director of public works, general manager of Ventura Water, or the director of community development to issue a citation pursuant to this chapter assessing a civil penalty for a violation of one or more provisions of this code.

“Hearing officer” means a person, other than a city officer or employee, who has been designated or retained by the city clerk to conduct an administrative hearing on a contested civil penalty in the manner provided for by Article 4 of this chapter.

“Review officer” means the city officer or employee designated by the city manager or department head to conduct the administrative review of a contested civil penalty in the manner provided for by Article 3 of this chapter. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 1, 3-21-22)

The amount of the civil penalties assessed pursuant to this chapter shall be established by resolution of the city council. In addition to establishing civil penalties for an initial violation of the provisions of this code, such resolution shall set forth any increased penalties for repeat violations of the same code provision by the same person within 12 months from the date of a previous violation, as well as the amount of the civil penalty delinquency fees and collection fees hereinafter provided for by this chapter. (Ord. No. 2007-001, § 1, 1-22-07)

A. Notice to a Citee. Unless otherwise provided in this chapter, all citations and other notices required to be served on a citee pursuant to the provisions of this chapter shall be served either by personal service or by first-class mail, postage prepaid, addressed to the citee at their last known address. Such service shall be deemed effective on the date it is personally delivered to the citee or on the date it is deposited in the mail addressed as set forth above. The city officer or employee serving a citee with a 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 City. Unless otherwise provided by this chapter, all notices required to be served on the city pursuant to the provisions of this chapter shall be served either by personal service at the office set forth on a citation or by first class mail, postage prepaid, addressed to the city at the address set forth on the citation. Such service shall be deemed effective on the date it is personally delivered to the city or on the postmark date when served on the city by mail. (Ord. No. 2007-001, § 1, 1-22-07)