Ventura Municipal Code Art. 4 Administrative Hearing Procedures

A citee dissatisfied with the determination of a review officer following a request for administrative review of a citation assessing a civil penalty may further contest the civil penalty by requesting an administrative hearing 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 review officer’s notice of determination within 20 days after the date the citee is served with notice of such determination. Requests for an administrative hearing must be filed in the office of the city clerk and shall be in a form required by the city clerk. (Ord. No. 2007-001, § 1, 1-22-07)

Except as otherwise provided in this article, each request for an administrative hearing must be accompanied by an advance deposit in an amount equal to the contested civil penalty or the sum of $1,000, whichever is less. (Ord. No. 2007-001, § 1, 1-22-07)

A. A citee who is financially unable to make an advance deposit in the amount required by this article may file an application in the office of the city clerk requesting a waiver of the advance deposit requirement based on such financial inability to pay. Such application shall be in a form required by the city clerk, shall be filed with the request for an administrative hearing, and shall be accompanied by a declaration, signed under penalty of perjury, and any supporting documents required by the city clerk demonstrating the citee’s financial inability to pay.

B. After reviewing a citee’s application for a hardship waiver, together with the declaration and any supporting documents filed in connection therewith, the city clerk shall determine whether to grant or deny the request. Thereafter the city clerk will serve the citee with a notice of their determination by mail at the address provided in the waiver application. The city clerk’s determination on the application shall be final.

C. Should the city clerk determine that a waiver is unjustified, the citee must deposit the required advance deposit with the city clerk not later than 10 days following the date the notice of the city clerk’s determination on the application for a hardship waiver has been served on the citee. Failure to make a deposit within 10 days after waiver denial shall be deemed a waiver of the citee’s right to an administrative hearing, and the civil penalty shall be deemed delinquent. The city clerk shall then serve notice of the penalty delinquency on the citee, and shall cause a copy of such notice to be provided to the review officer and chief financial officer. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 4, 3-21-22)

Upon receiving a timely request for an administrative hearing to contest a citation assessing a civil penalty, together with an advance deposit of all or that part of the penalty amount required by this article, the city clerk will set an administrative hearing on a date not less than 15, nor more than 60, days from the date the hearing is requested. Written notice of the date, time, and location of the administrative hearing will be provided to the citee at least 15 days prior to the hearing date. (Ord. No. 2007-001, § 1, 1-22-07)

A. Scope of the Hearing. The issues to be determined at the hearing are limited to the following:

1. Whether the violation alleged in the administrative citation actually occurred; and

2. Whether the citee was responsible for the violation.

B. Burden of Proof and Evidentiary Rules. At the hearing, the hearing officer shall render their decision based on the preponderance of the evidence. However, the administrative citation shall constitute prima facie evidence of the facts contained in the citation. Both the citee and enforcement officer shall have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the citee was responsible for the violation.

C. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the citee may request that the hearing officer decide the matter based on the citation’s face and any other documentary evidence submitted to the city clerk by the citee or enforcement officer prior to the hearing date.

D. Attendance of Citee. Failure of a citee to appear at the hearing shall be deemed a waiver of the right to be personally present at the hearing. The hearing officer shall then decide the matter based upon the facts set forth in the citation, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.

E. Attendance of Enforcement Officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend the hearing, the enforcement officer may, prior to the hearing date, submit reports, photographs, or other documentation regarding the violation to the city clerk who will forward such information on to the hearing officer for consideration at the hearing.

F. Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or citee prior to issuing a written decision. (Ord. No. 2007-001, § 1, 1-22-07)

Within 10 days after closing the hearing, the hearing officer shall issue a written decision to uphold or set aside the civil penalty assessed against the citee by the administrative citation, shall set forth the reasons for such decision, and shall forward a copy of the decision to the city clerk. (Ord. No. 2007-001, § 1, 1-22-07)

A. After receiving the hearing officer’s decision, the city clerk shall promptly cause the hearing officer’s decision to be served on the citee at the address set forth in the citee’s request for an administrative hearing together with the notice hereinafter required by this section, and shall cause a copy of the decision and such notice to be provided to the chief financial officer and review officer.

B. If the decision of the hearing officer is to sustain the civil penalty assessed by the citation that was the subject of the hearing, then the city clerk shall accompany the hearing officer’s decision with a notice advising the citee that:

1. The city will retain the advance deposit if the deposit was in the full amount of the civil penalty, or require payment of the penalty balance within the time required by Article 2 of this chapter if the advance deposit was less than the civil penalty or if the advance deposit was waived on the basis of financial hardship; and

2. The citee has the right to file a petition with the Ventura County superior court seeking judicial review of the hearing officer’s decision in the manner hereafter set forth in this article if the citee chooses to further challenge the decision.

C. If the decision of the hearing officer is to set aside and vacate the civil penalty assessed by the citation that was the subject of the hearing and the citee has made an advance deposit in the amount of the civil penalty or any portion thereof, the city clerk shall accompany the hearing officer’s decision with a notice advising the citee, review officer and chief financial officer that the city will be refunding the amount of the advance deposit. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 5, 3-21-22)

A citee may appeal a hearing officer’s decision rendered in the manner provided for by this article by filing a petition for writ of mandate in the Ventura County superior court seeking to set aside the decision within 90 days of the date the decision is deemed to have been served on the citee, all as provided for in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. No. 2007-001, § 1, 1-22-07)