Ventura Municipal Code Art. 5 Collection and Lien Procedures

All delinquent and unpaid civil penalties, together with any accrued delinquency fees and collection fees that were assessed thereon in the manner provided by this chapter, shall constitute a debt that is owed by the citee to the city and that shall be collected in the manner provided for in this article or in any other manner authorized by law. (Ord. No. 2007-001, § 1, 1-22-07)

All civil penalties together with any accrued delinquency fees and collection fees assessed thereon (A) that are in excess of the current jurisdiction of the small claims court, and (B) that remain unpaid for 60 days or more following the delinquency date, shall be referred to the city attorney who is hereby authorized and directed to commence an action in Ventura County superior court against the citee who is indebted to the city for such penalty and fees, and to cause any judgment entered in such action to be executed against the assets or income of the citee in the manner provided for by law. (Ord. No. 2007-001, § 1, 1-22-07)

Except as hereinafter provided in this article, all unpaid civil penalties together with any accrued delinquency fees and collection fees assessed thereon (A) that are within the current jurisdiction of the Ventura County small claims court, and (B) that remain unpaid for 60 days or more following the delinquency date, shall be collected as directed by the chief financial officer either by causing a complaint to be filed in the small claims court against the citee who is indebted to the city in the amount of such penalties, fees, and costs, or by referral of such debt to a reputable collection agency for collection.

Payment of the civil penalty will be considered complete once all city fines and fees have been paid by the citee. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 6, 3-21-22)

Notwithstanding the provisions of Section 1.50.530 to the contrary, all civil penalties together with any delinquency fees and collection costs that have been assessed against the owners of real property (A) that are less than the current jurisdiction of the Ventura County small claims court, (B) that remain unpaid for 60 days or more following the delinquency date, and (C) that arose out of the condition or use of such property shall be subject to a lien that is levied on such property by resolution of the city council, forwarded to the Ventura County assessor for inclusion on the annual property tax bill sent to the property owner or owners, and collected at the time and in the same manner as property taxes are collected. (Ord. No. 2007-001, § 1, 1-22-07)

The finance officer shall initiate and conduct proceedings to collect delinquent civil penalties (i) that are within the jurisdiction of the small claims court, and (ii) that arose out the condition or use of real property as follows:

A. At or before a date in each fiscal year of the city that is at least 30 days prior to the date established by the Ventura County assessor for filing annual city assessments, the chief financial officer shall prepare a proposed city council resolution levying assessments against all real property in the city of San Buenaventura that is subject of such delinquent civil penalties. Such resolution shall set forth all of the following information and otherwise be in a form approved by the city attorney:

1. The address of each parcel of real property that is subject of a delinquent civil penalty;

2. The assessor’s parcel number assigned to the property;

3. The amount of the delinquent civil penalty to be assessed against the property, together with any delinquency fees or collection fees added thereto by reason of such delinquency;

4. The name and address of the owner or owners of the property as set forth on the assessor’s tax rolls;

5. The determination of the city council to levy an assessment against each such property in the amount of the delinquent penalty, together with any delinquency fees and collection fees added thereto by reason of such delinquency; and

6. A request and authorization for the assessor to add such assessments to the county tax rolls and to collect such assessment at the time and in the same manner as property taxes are collected.

B. The chief financial officer shall submit the proposed resolution to the city clerk together with a written staff report that recommends city council approval of the resolution and that sets forth the basis for such recommended action.

C. Upon receiving the proposed resolution and staff report, the city clerk shall cause the matter to be noticed for a public hearing before the city council, and shall cause a copy of the resolution and written notice of the date, time, and place of the hearing, and the matter to be considered at the hearing to be served on the owner or owners of each parcel of real property that is a subject of the resolution. Such notice shall be addressed to each such person at their address as set forth on the county assessor’s last equalized tax roll. The failure of any such person to receive actual notice of such proceeding shall not affect the legal validity of the proceeding.

D. At the time and place of the hearing, the city council shall hear and consider the protests, if any, of all persons appearing at the hearing to object to the proposed assessments.

E. At conclusion of the hearing, the city council shall determine whether to adopt the proposed resolution, including any changes or amendments thereto; provided, that if the chief financial officer advises the city council at such hearing that an assessment against a parcel of real property included in the resolution has been paid in full subsequent to the date the resolution was noticed for public hearing, the resolution shall be changed or amended to delete such assessment.

F. Following adoption of a city council resolution levying assessments against real property in the city of San Buenaventura that is the subject of such delinquent civil penalties, the chief financial officer shall cause a certified copy of the resolution to be forwarded to county tax assessor for inclusion on the county tax rolls. (Ord. No. 2007-001, § 1, 1-22-07; Ord. No. 2022-002, § 7, 3-21-22)