Ventura Municipal Code Art. 2 Assessment and Payment of Civil Penalties

A person who is assessed a civil penalty for a violation of the provisions of this code shall be served by the enforcement officer with an administrative citation that assesses the civil penalty in an amount established by resolution of the city council and that contains all of the information required by this article. (Ord. No. 2007-001, § 1, 1-22-07)

Each administrative citation shall contain the following information:

A. The date of the violation;

B. The address or a definite description of the geographic location where the violation occurred or is occurring;

C. The section of this code that was violated;

D. A description of the circumstances giving rise to the code violation;

E. The amount of the civil penalty for the code violation;

F. A description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid;

G. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

H. Notice that payment of a penalty under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation;

I. A description of the time and manner in which the citee may request administrative review of the civil penalty assessed by the citation in the event the citee seeks to contest the penalty; and

J. The name of the citing enforcement officer. (Ord. No. 2007-001, § 1, 1-22-07)

A civil penalty assessed against a citee pursuant to the provisions of this chapter must be paid in full to the city at the place set forth in the administrative citation within 30 days from the date of the administrative citation; provided, that:

A. If a request for administrative review of the civil penalty is submitted within the time and in the manner provided for by Article 3 of this chapter, payment of the penalty shall be stayed until the review officer has made a determination on such request and served notice of the determination on the citee. In the event the review officer determines to approve the penalty, the review officer shall include in the notice of their determination a requirement that the civil penalty be paid within 30 days of the date such notice is served on the citee; and

B. If, following administrative review, a request for an administrative hearing on a civil penalty is submitted within the time and in the manner provided by Article 4 of this chapter, and if, following such hearing, the hearing officer renders a decision sustaining the penalty, the city clerk shall cause a notice to be served on the citee along with the hearing officer’s decision that requires payment of the civil penalty, or any remaining balance thereof, within 30 days of the date the decision and such notice is served on the citee. (Ord. No. 2007-001, § 1, 1-22-07)

In the event a civil penalty is not paid within the time provided for in this article, the chief financial officer shall serve the citee with an initial delinquency notice that assesses a delinquency fee and that requires payment of the penalty and delinquency fee within 30 days of the date the initial delinquency notice is served on the citee. Such delinquency fee shall be in an amount established by resolution of the city council based on the estimated additional costs to the city of accounting for and otherwise processing penalty delinquencies. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 2, 3-21-22)

In the event a civil penalty is not paid within the time provided for by this article and remains unpaid more than 30 days following the date an initial delinquency notice is served on the citee, the chief financial officer shall serve the citee with a second delinquency notice (A) that assesses an additional collection fee; (B) that requires payment of the penalty, delinquency fee and collection fee within 30 days of the date the second delinquency notice is served on the citee; and (C) that advises the citee of the process to be followed by the city if the penalty and all such fees are not paid within the time required by the notice. Such collection fee shall be in an amount established by resolution of the city council based on the average collection agency fees, attorney’s fees or other costs incurred by the city in order to account for and collect a penalty delinquency. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 2, 3-21-22)

Penalties need not be delinquent in order to utilize the provisions of this section. In the event a citee establishes to the satisfaction of the chief financial officer that they do not have the financial ability to pay the full amount of a civil penalty assessed in the manner and within the time provided for by this chapter, the chief financial officer may permit the citee to satisfy the payment obligations required by this chapter by executing a promissory note in the amount of the unpaid balance of the penalty, together with any unpaid delinquency fees and/or collection fees. Such promissory note shall provide for payment of the civil penalty in full on the terms specified by the chief financial officer, shall include interest on the unpaid balance in an amount equal to the interest rate then earned by the city on its invested funds, shall be secured by any real property owned by the citee if the civil penalty arose out of the use or condition of such property, and shall be in a form approved by the city attorney.

Where a citee’s obligation to pay a civil penalty, delinquency fees and/or collection fees assessed in the manner provided by this chapter is satisfied by the execution of a promissory note as provided herein, the citee shall be deemed to have paid the penalty for purposes of this chapter as long as the citee is current on their obligations to pay any installment required by the promissory note within the time and in the manner required therein. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 2, 3-21-22)

First time violators of the nighttime juvenile curfews established by Chapter 10.300 may elect to perform up to six hours of community work in any community work program established by the chief of police that is in effect on the date an administrative citation is issued for the violation in lieu of paying the civil penalty assessed in the citation. The civil penalty shall be waived upon the citee submitting proof of the completion of such community work in a form prescribed by the chief of police within 30 days from the date of the administrative citation. Subsequent violations of the nighttime juvenile curfew will disqualify the citee from any further penalty waiver. (Ord. No. 2007-001, § 1, 1-22-07)

Should an enforcement officer issue an administrative citation assessing a civil penalty because the citee lacks a required permit and the penalty has not been vacated or dismissed in the manner provided for herein, the citee shall not be issued the permit until the civil penalty and any applicable delinquency fees and collection fees have been paid in full, unless the enforcement officer has determined that withholding the issuance of the required permit will perpetuate an existing hazardous condition. (Ord. No. 2007-001, § 1, 1-22-07)