Ventura Municipal Code Art. 3 Administrative Review Proceedings

A citee who is issued a citation assessing a civil penalty arising out of a violation of this code may request administrative review of the civil penalty in the manner provided for by this article. Such request must be made in writing and must be served on the city at the address set forth in the citation within 20 days following the date of the citation. Such request must include the citation number, must set forth, with particularity, the reasons the citee believes a violation did not occur or that the citee was not responsible for the violation, and must contain the address at which the city should serve the citee with notice of review officer’s response to the request for administrative review.

A request for administrative review is a mandatory prerequisite to a request for an administrative hearing provided for by Article 4 of this chapter. (Ord. No. 2007-001, § 1, 1-22-07)

Within 10 days of receiving a citee’s request for administrative review, the review officer shall review the request, the citation, and other pertinent information, and shall determine that:

A. The civil penalty assessed by the citation should be upheld because the violation occurred, the citee was responsible for the violation, and no other justification could be found for vacating the penalty.

B. The penalty assessed by the citation has been vacated because there was no violation, or the citee was not responsible for the violation; or the citee has provided some other justification that, in the discretion of the reviewing officer, warrants vacating the penalty. (Ord. No. 2007-001, § 1, 1-22-07)

Upon making their determination on a citee’s request for administrative review, the review officer shall cause a notice of the determination to be served on the citee at the address set forth in the citee’s request for administrative review and shall cause a copy of the notice to be provided to the finance officer and city clerk. Where the review officer has upheld the penalty assessed by an administrative citation, the notice shall also set forth a new date by which the penalty must be paid that is 30 days following the date of the notice, as well as the citee’s right to request an administrative hearing to further contest the penalty in the manner provided for by Article 4 of this chapter. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 3, 3-21-22)