This Article establishes procedures for enforcement of the provisions of this Chapter. The enforcement procedures set forth are intended to assure due process of law in the abatement or correction of nuisances and violations of this Chapter.

No prosecution or action resulting from a violation of zoning regulations heretofore in effect shall be abated or abandoned by reason of the enactment of any ordinance amendment, but shall be prosecuted to finality under the former provisions the same as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated. Any violation of provisions, which occurred prior to the effective date of the amendment, for which prosecution or legal action has not been instituted prior to the effective day of the amendment, may be hereafter subject to prosecution or action as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated.

Any person who violates any provision or fails to comply with any of the requirements of this Chapter or of any term or condition of, or applicable to any permit, variance or amendment thereto is guilty of a misdemeanor/infraction as specified in Section 13-1 of the Ventura County Ordinance Code and, upon conviction thereof shall be punishable in accordance with Section 13-2 of the Ventura County Ordinance Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in Section 13-2.

Except as otherwise provided in Section 8114-2.1.1, in addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate public nuisance.

No agricultural activity, operation or facility that is consistent with this Chapter and the General Plan, and is conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than one year if it was not a nuisance at the time it began.

a.

Exception—This section shall not apply if the agricultural activity, operation or facility obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

b.

Definition—For purposes of this Section, the term "agricultural activity, operation or facility" shall include, but not be limited to, the cultivation and tillage of the soils, dairying, the production, irrigation, frost protection, cultivation, growing, pest and disease management, harvesting and field processing of any agricultural commodity including timber, viticulture, apiculture or horticulture, the raising of livestock, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or market, or delivery to carriers for transportation to market.

(Am. Ord. 4151—10/7/97)

The Planning Director or the Planning Director's designee is hereby designated as the enforcing agent of this Chapter. Pursuant to the authority vested in the Board of Supervisors of the County of Ventura by California Penal Code Section 836.5, the Planning Director or the Planning Director's designee shall have the power of arrest without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction, or infraction, consisting of a violation of the provisions of this Code or any other ordinance or statute which the Planning Director or Planning Director's designee has a duty to enforce.

(Am. Ord. 4054—2/1/94)

In any case in which a person is arrested pursuant to this Section and the person arrested does not demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on the person's promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code. The provisions of that Chapter shall thereafter apply with reference to any proceedings based upon the issuance of a written notice to appear pursuant to this Section.

(Am. Ord. 4054—2/1/94)

In the performance of their functions, designated personnel may, with either the consent of the occupant or other authorized person, or with a valid inspection warrant, enter upon property and make examinations and surveys in a manner consistent with the consent or the inspection warrant. In cases where no inspection warrant is obtained, designated personnel in the performance of their functions may enter upon property open to the general public and may enter upon property by way of a route normally accessible to visitors or tradespeople, or other persons having legitimate business with the occupants, in order to seek consent to inspect the property.

Following the initiation of an investigation, the Planning Director may require the owner or operator of any use which may be in violation of performance standards to submit, in a reasonable amount of time, such data and evidence as is needed by the Planning Director to make an objective determination. Failure to submit data required shall constitute grounds for revoking any previously issued approvals or permits and ceasing of operations until the violation is remedied, as provided for in Section 8111-7 of this Chapter.

(Am. Ord. 4054—2/1/94)

The County may impose fees and charges on permittees as established by resolution adopted by the Board of Supervisors, or as established by conditions of the entitlement to cover the full costs incurred by the County or its contractors for the monitoring of permits issued pursuant to this Chapter to ensure compliance with permit conditions and the requirements of this Chapter. Enforcement activities shall be in response to confirmed violations and may include such measures as drafting and implementing compliance agreements, inspections, public reports, penalty hearings, forfeiture of sureties and suspension or modification of permits. The recovery of costs for the abatement of confirmed violations shall be in accordance with the provisions of this Chapter, adopted charge rates, applicable compliance agreement terms and other authorized means such as, but not limited to, small claims court and liens on property.

(Am. Ord. 4054—2/1/94)

To ensure compliance with permit conditions and the provisions of this Chapter, all permits issued pursuant to this Chapter may be reviewed and the sites inspected no less than once every three years, unless the terms of the permit require more frequent inspections. The Planning Director may institute a more frequent monitoring schedule when he/she determines that the intensity of the use or failure to comply with applicable requirements could have a significant effect on the environment, surrounding properties and the public; or there have been violations which suggest the permittee is not assuming responsibility for monitoring his/her own compliance.

(Add Ord. 4054—2/1/94)

For purposes of this Section and Section 81143-3.7 of this article, the following definitions apply: (a) "violation" means the lack of compliance with a provision of Division 8, Chapter 1 of the Ventura County Ordinance Code or any term or condition of any permit entitlement, variance or amendment thereto issued pursuant to this chapter or any term or condition imposed and adopted as mitigation measures pursuant to the California Environmental Quality Act, including restrictive covenants; (b) "violator" means the owner of the property on which a violation exists and, if applicable, a permittee responsible in whole or in part for the violation. All notices required by this Section shall be sent by first class mail to the last known address of the violator and shall be deemed served three days after the date of mailing.

(Rep. & Reen. Ord. 4354—12/5/06)

Whenever the Planning Director determines that a violation exists, the Planning Director shall send the violator a Notice of Violation. The Notice of Violation shall: 1) state the violation(s); 2) state how the violation(s) may be corrected; 3) advise that if the violation(s) is not corrected by the specified deadline, a Notice of Noncompliance may be recorded against the property in the office of the County Recorder; 4) advise that all enforcement costs are recoverable pursuant to Section 8114-3.4 of this article; 5) advise that civil penalties may be imposed pursuant to Section 8114-3.7 of this article; and 6) advise that the determination that a violation exists may be appealed, but that the appeal must be filed in accordance with Section 8111-7 of this chapter.

(Rep. & Reen. Ord. 4354—12/5/06)

If the violation is not corrected pursuant to the Notice of Violation as determined by the Planning Director within the time allotted or if the violation is upheld after an appeal pursuant to Section 8111-7 of this chapter, a Notice of Noncompliance may be recorded in the office of the County Recorder. The Notice of Noncompliance shall describe the property and specify the ordinance section(s) or permit terms or conditions violated. The Planning Director shall record a Release of Notice of Noncompliance with the office of the County Recorder only if and after the violations have been fully corrected and all County's enforcement costs and fees have been paid to the satisfaction of the Planning Director. The violator must pay a fee for recordation of the Release of Notice of Noncompliance as determined in the adopted schedule of fees.

(Rep. & Reen. Ord. 4354—12/5/06)

Civil administrative penalties may be imposed for final violations. For purposes of this Section, a violation, as defined in Section 8114-3 of this article, is "final" if the Notice of Violation issued pursuant to Section 8114-3.6 of this article is not appealed in accordance with Section 8111-7 of this chapter or, if properly appealed, the appeal process is complete and the Notice of Violation is upheld. All notices required by this Section shall be sent by first class mail to the last known address of the violator(s), as defined in Section 8114-3.6 of this article, and shall be deemed served three days after the date of mailing. The Planning Director or his/her designees shall be Enforcement Officers authorized to impose civil administrative penalties as provided herein.

(Rep. & Reen. Ord. 4354—12/5/06)

Once a violation is confirmed, a Notice of Impending Civil Penalties shall be served upon the violator separately, or as part of the Notice of Violation. The Notice of Impending Civil Penalties shall: (1) state the violation(s); (2) state a range of the amount of the impending daily civil penalty per violation; (3) state the date by which the violation must be corrected, which date shall not be less than thirty (30) days from the date of service of the notice; and (4) advise that the civil penalties will begin accruing on a daily basis if the violation is not corrected by the date established in the notice. If the Planning Director determines that a violation creates an immediate danger to health or safety, penalties may be imposed after a period of time that is less than thirty (30) days.

The date upon which the daily penalty will begin to accrue may be extended by the Planning Director upon a showing that the time frame allotted in the Notice of Impending Civil Penalties is not a reasonable period of time to correct the violation.

(Rep. & Reen. Ord. 4354—12/5/06)

Once the violation is final and if it has not been corrected by the date stated in the Notice of Impending Civil Penalties or an amendment thereto, then a Notice of Imposition of Civil Penalties shall be served upon the violator.

The Notice of Imposition of Civil Penalties shall describe the property and state the following for each violation: (1) the amount of the penalty that will accrue daily per violation as determined pursuant to Section 8114-3.7.4 of this article; (2) the date the penalty will begin accruing, which may be the same date the notice is served; (3) that the daily penalty will continue to accrue until the violation is corrected as determined by the Planning Director; (4) that the amount of the daily penalty may be increased in the future if the violation is not corrected; (5) that the accrued penalties are immediately due and owing and that a lien will attach to the property for all unpaid penalties; and (6) that the amount of the daily penalty may be administratively appealed in accordance with Section 8114-3.7.5 of this article within ten (10) days of the date of service of the Notice of Imposition of Civil Penalties.

(Rep. & Reen. Ord. 4354—12/5/06)

Notwithstanding an appeal of a previously imposed penalty pursuant to Section 8114-3.7.5 of this article, the Enforcement Officer may increase the amount of the penalty if the violation continues uncorrected and the circumstances warrant an increase considering the factors set forth in Section 8114-3.7.4 of this article. To impose the increase, the Enforcement Officer must first serve a Notice of Increase in Civil Penalties upon the violator that shall state: (1) the amount of the increase of the daily civil penalty; (2) the effective date of the increase, which date shall not be less than thirty (30) days from the date of service of the notice; and (3) that the amount of the increase, if contested, may be appealed, but only in accordance with Section 8114-3.7.5 of this article. The amount of the penalty then in effect prior to the increase may not be appealed.

(Rep. & Reen. Ord. 4354—12/5/06)

The amount of the penalty imposed for each separate violation may be up to, but not to exceed one thousand dollars ($1,000.00) per day. In determining the amount of the penalty, the Enforcement Officer shall consider the known relevant circumstances in light of various factors which include, but are not limited to, the following: (1) the actual or potential extent of the harm caused; (2) the likelihood to cause harm; (3) the seriousness or gravity of the violation (i.e., the level of threat to property, health, or safety of people and animals or the environment); (4) whether the violation is subject to correction by obtaining a permit or cannot be corrected by permit; (5) the culpability of the violator in causing the violation; (6) the length of time over which the violation occurs; (7) the history of past violations, either of a similar or different nature, on the same or different property under the same ownership; (8) the cooperation of the violator in resolving the existing and past violations; (9) the financial burden to the violator; (10) the factors and policies set forth in the Civil Administrative Penalty Guidelines adopted by the Board of Supervisors; and (11) all other relevant circumstances.

Once imposed, the daily penalty will continue to accrue until the violation is corrected to the satisfaction of the Planning Director. The Planning Director may stay the imposition of penalties or decrease the amount of penalties, either temporarily or permanently, if the Planning Director determines that: (1) substantial progress is being made toward correcting the violation and that decreasing the penalties would further the goal of correcting the violation; or (2) circumstances exist that were either beyond the control of the violator or were unknown at the time the penalties were imposed and warrant the reduction or suspension of the penalties. If the amount of the civil penalties is modified or suspended, the Notice of Imposition of Civil Penalties shall be amended stating the modified terms and shall be served on the violator.

The daily civil penalty imposed for a violation that is prosecuted as an infraction by the District Attorney shall not exceed the amount of the maximum amount of fines or penalties for infractions set forth in Government Code Sections 25132 subdivision (b) and 36900 subdivision (b).

(Rep. & Reen. Ord. 4354—12/5/06)

If disputed, the amount of the penalty must first be contested by filing an administrative appeal as provided herein and as required by Government Code Section 53069.4 before seeking judicial relief. Only the violator may challenge the amount of the penalty. Only a Notice, or Amended Notice, of Imposition of Civil Penalties or a Notice, or Amended Notice, of Increase in Civil Penalties may be appealed.

If an appeal is not timely filed, then the imposition of the penalties pursuant to the Notice, or Amended Notice, of Imposition of Civil Penalties or the Notice, or Amended Notice, of Increase of Civil Penalties, as the case may be, shall be final and no longer subject to appeal either administratively or judicially.

Appeals will be heard by a Hearing Officer selected by the Board of Supervisors or the County Executive Officer.

(a)

Pre-Appeal Procedures and Requirements—An appeal must be filed with and received by the Planning Division no later than ten (10) days from the date of service of the notice or amended notice from which the appeal is taken. An appeal form shall be provided by the Planning Division upon request. In order to be deemed timely submitted, the appeal form must include the following: (1) the violation case number and date stated on the notice or amended notice being appealed; (2) the facts and bases supporting the appellant's position that the amount of penalties should be reduced; (3) the name and address of the appellant; and (4) the filing fee established by the Board of Supervisors.

At least ten (10) days prior to the date of the hearing, the appellant shall be notified by first class mail at the address stated on the appeal form of the location, time and date of the hearing.

A continuance may be requested in writing to the Hearing Officer which must be received no later than ten (10) days before the date of the hearing. If timely filed, the hearing date will be continued to the next scheduled hearing date and the appellant and Planning Division will be so notified.

(b)

Hearing and Hearing Officer's Final Administrative Order—The jurisdiction of the Hearing Officer is limited solely to reviewing the amount of the penalty determined by the Enforcement Officer.

Both parties (appellant(s) and the County) may present relevant evidence in support of their contention of the proper amount of the penalty. The content of the County's files submitted to the Hearing Officer which may include, but is not limited to, the Notice of Violation, the Notice of Noncompliance, the Notice of Impending Civil Penalties, the Notice of Imposition of Civil Penalties and the Notice of Increase in Civil Penalties (if applicable), and any amendments thereto, shall constitute prima facie evidence of the facts stated therein.

If the appellant or the appellant's representative does not appear at the hearing, the Hearing Officer shall only consider, on behalf of the appellant, the evidence submitted with the appeal form and the evidence submitted by the appellant to the Hearing Officer ten (10) days prior to the date of the hearing.

The Hearing Officer must evaluate the evidence presented in light of the factors set forth in Section 8114-3.7.4 of this article and, based thereon, shall either affirm or reduce the amount of the daily penalty imposed by the Enforcement Officer for each day the penalties have accrued and may continue to accrue into the future. The amount of the daily penalty determined by the Hearing Officer shall continue to accrue until the violation is corrected as determined by the Planning Director or until the amount of the daily penalty is increased in accordance with Section 8114-3.7.3 of this article.

The Hearing Officer's determination shall be set forth in a written order served upon the appellant by first class mail at the address stated on the appeal form submitted by the appellant. The order shall be considered the Final Administrative Order for purposes of Government Code Section 53069.4.

Penalties shall continue to accrue while the appeal is pending. If some or all of the penalties have been paid and the Hearing Officer orders a reduction in the amount of the penalty that exceeds the total amount due and owing the County, including enforcement costs, then the County shall refund the difference to the person who paid the penalty unless penalties are continuing to accrue.

(c)

Appeal of Hearing Officer's Final Administrative Order—Pursuant to Government Code Section 53069.4 subdivision (b)(1), if the Final Administrative Order is contested, review must be sought in the Superior Court as a limited civil case within twenty (20) days after the date of service of the Final Administrative Order. A copy of the Notice of Appeal must be served on the County of Ventura, Planning Director either in person or by first class mail.

If no notice of appeal is timely filed with the Superior Court, the Final Administrative Order issued by the Hearing Officer shall be deemed confirmed and final.

(Rep. & Reen. Ord. 4354—12/5/06)

A penalty that is final either by termination of appeal rights or by completion of the appeal process may be collected by any lawfully authorized means including but not limited to filing a civil action to recover the amount of the unpaid penalties.

In addition, the County shall have a lien against the subject property in the amount of the unpaid penalties accrued and to be accrued until the violation is corrected. The lien may be recorded in the office of the County Recorder by the recording of the Notice, or Amended Notice, of Imposition of Civil Penalties or the Notice, or Amended Notice, of Increase in Civil Penalties, whichever is applicable.

The lien shall remain in effect until released and shall run with the land.

Upon correction of the violation(s) and payment of all penalties and costs associated with the imposition, enforcement and collection of the penalties, the Planning Director shall record a release of lien pertaining to the paid penalties.

(Rep. & Reen. Ord. 4354—12/5/06)

Before any enforcement action is instituted pursuant to this Chapter, the person alleged to be responsible for a confirmed violation of regulations of this Chapter or conditions of a permit issued pursuant to this Chapter, may be given an opportunity to resolve the complaint through an administrative process. This process involves an informal office hearing to attempt to negotiate a solution to the violations and/or a compliance agreement and payment of office hearing fees and Compliance Agreement fees as set forth by the schedule of fees and charges adopted by the Board of Supervisors.

(Am. Ord. 4054—2/1/94)

This Section 8114-5 establishes procedures for the enforcement of Section 8109-4.6 regulating the temporary rental of dwellings. Except as otherwise stated in this Section 8114-5, the enforcement rights, penalties and other remedies available to the County under this Section 8114-5 are cumulative and not exclusive of any other civil and criminal enforcement rights and remedies available to the County under the Ventura County Ordinance Code and applicable law, including but not limited to Sections 13-1 and 8114-2 making violations of this Chapter punishable as a misdemeanor/infraction criminal offense.

(Ord. No. 4523, § 6, 6-19-2018)

a.

Complaints regarding a homeshare or short-term rental received by the County will be addressed by the Planning Director or the Director of the Resource Management Agency's Code Compliance Division ("Code Compliance Director"), or their designees, who may conduct an investigation to determine whether a violation of Section 8109-4.6 has occurred and if so, the appropriate recourse. Evidence of a violation may include, but is not limited to, sheriff reports, criminal citations, online searches, and documentation consisting of photos, sound recordings and video.

b.

If the Planning Director or Code Compliance Director, or their designees, determines that a violation has occurred, the owner of the homeshare or short-term rental shall be duly noticed of the violation in writing sent by first class mail to the address of record for the owner on file with the Planning Division or, if no permit has been issued for the property pursuant to this Section, to the property's address and to the property owner's address of record as stated on latest equalized assessment roll maintained by the Ventura County Assessor.

(1)

For violations involving an administrative civil penalty, the notice shall include: a description of the violation and supporting evidence; the amount of the daily and/or total penalty being imposed pursuant to Section 8114-5.2; and notice of the owner's right to appeal the violation and/or penalty amount pursuant to Section 8114-5.4.

(2)

For violations involving permit revocation, the notice shall include: a description of the violation and supporting evidence; a statement that permit revocation is being sought; notice of the two-year permit ineligibility period that would result from permit revocation pursuant to Section 8114-5.3; and notice that the permit revocation shall be subject to the administrative hearing process of Section 8114-5.5.

c.

A violation and associated penalty that becomes final and non-appealable either by the lapse of the owner's appeal rights pursuant to Section 8114-5.4, or upon completion of the administrative hearing process pursuant to Section 8114-5.5, are referred to hereinafter as a final violation and penalty.

(Ord. No. 4523, § 6, 6-19-2018)

a.

Penalties for violations may be assessed and imposed by the Planning Director or Code Compliance Director, or their designees, on any person responsible for the violation in an amount of up to one thousand dollars ($1,000.00) per day the violation occurs. In determining the amount of the penalty, the following factors shall be considered:

(1)

The seriousness of the violation with respect to the type and extent of deviation from the standards and requirements of Section 8109-4.6; the harm or threat of harm to persons, the environment and property caused by the violation; the impact of the violation on the property's neighbors, the community at large and surrounding land uses;

(2)

The degree of the responsible person's culpability and other circumstances indicating: a greater or lesser need to motivate compliance, such as history of violations either of a similar or different nature, on the same or different property under the same ownership; extent of cooperation with or obstruction of County officials in resolving the violation(s); and economic benefit derived from the violation(s);

(3)

The factors and policies set forth in the Civil Administrative Penalty Guidelines adopted by the County Board of Supervisors; and

(4)

Other factors as justice may require, including the financial burden of the penalty on the responsible person, if the person raises the issue and produces reliable documentation of their financial condition.

b.

Penalties shall be paid by the date required by the County as stated in a written notice which the County shall send to the responsible person(s). Failure to timely pay an assessed penalty associated with a final violation and penalty constitutes a separate, additional violation. Unpaid penalties may be collected by any lawfully authorized means including but not limited to filing of civil action to recover the amount of unpaid penalties. In addition, the County shall have a lien against the subject property in the amount of the unpaid penalties, notice of which may be recorded in the Office of the Ventura County Recorder.

(Ord. No. 4523, § 6, 6-19-2018)

a.

As an alternative to imposing civil administrative penalties for a violation pursuant to Section 8114-5.2, the Planning Director or Building Official, or their designees, may find that revocation of a permit issued pursuant to Section 8109-4.6 is warranted because, based on the factors set forth in Section 8114-5.2, the imposition of civil administrative penalties is an inadequate remedy to redress a violation. The final decision regarding permit revocation shall be made by the Hearing Officer pursuant to the administrative hearing process of Section 8114-5.5.

b.

If a permit is revoked for cause, no owner of the parcel upon which where the homeshare or short-term rental is located shall be eligible for a new permit under Section 8109-4.6 to operate the homeshare or short-term rental at the same parcel for a period of two (2) years from the effective date of revocation.

(Ord. No. 4523, § 6, 6-19-2018)

a.

The property owner, permittee or other responsible person may administratively appeal a violation determination and/or associated penalty amount. Appeals are considered by a Hearing Officer pursuant to the administrative hearing process of Section 8114-5.5. A completed appeal form shall be submitted to the Planning Director or designee no later than ten (10) calendar days from the date of the County's service of the notice of violation and associated penalty pursuant to Section 8114-5.1. Appeal forms shall be made available by the Planning Division.

b.

To be deemed complete, an appeal form shall include the following: (1) the permit number (or, if no permit exists, the property's address) and date stated on the notice of violation and associated penalty; (2) all facts and bases supporting the appellant's position; (3) the name and address of the appellant; and (4) the appeal filing fee established by the County Board of Supervisors.

c.

Timely submission of a complete appeal form shall stay the effectiveness of the violation and associated penalty pending the outcome of the administration hearing process. Conversely, if a complete appeal form is not timely submitted, the violation and associated penalty shall become final and not subject to administrative appeal or challenge in a court of law.

(Ord. No. 4523, § 6, 6-19-2018)

a.

An impartial Hearing Officer appointed by the Director of the County's Resource Management Agency or designee, or otherwise acting pursuant to Government Code sections 27720 through 27728, shall conduct the administrative hearing process. The Hearing Officer shall be authorized to issue subpoenas, receive evidence, administer oaths, and rule on questions of law and the admissibility of evidence. The Hearing Officer shall have no financial interest in the outcome of the matter; shall not solicit or receive evidence outside of the hearing; and shall avoid personal contacts and correspondence concerning substantive issues outside of the hearing. The parties to the administrative hearing shall be the County and the person(s) deemed responsible for the subject violation(s).

b.

The Planning Division shall coordinate and provide notice regarding the scheduling of the hearing. At least twenty (20) calendar days before date of the hearing or rescheduled hearing, the Planning Director or designee shall notify the parties and Hearing Officer by first class mail of the time and date of the hearing. Either party may make a written request to the Planning Division for one (1) continuance of the hearing no later than ten (10) calendar days before the date of the hearing. If the request for continuance is timely submitted, the hearing date shall be rescheduled to a new date certain not more than thirty (30) calendar days after the initially-scheduled hearing date.

c.

The Hearing Officer shall consider the following in making his or her decision on the merits: (1) the notice of violation issued by the County pursuant to Section 8114-5.1, along with the County's supporting evidence; (2) the appellant's notice of appeal submitted pursuant to Section 8114-5.4, if applicable; and (3) all other evidence and materials offered by the parties to support their respective position. No later than five (5) calendar days before the hearing date, each party shall deliver, by personal service or overnight mail, its above-referenced evidence and all other materials the party intends to present to support its position, to the Hearing Officer and to the other party. In addition, the parties shall be allowed to testify and offer argument at the hearing. The hearing need not be conducted according to the technical rules of evidence. Hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil actions. Testimony shall be taken under oath or affirmation. The hearing shall be recorded.

d.

The Hearing Officer shall evaluate the evidence and testimony and shall decide the following issues:

(1)

With respect to violations involving permit revocation, the Hearing Officer shall decide whether the alleged violation(s) occurred and, if so, whether permit revocation is the appropriate remedy. If the Hearing Officer determines that the alleged violation occurred but that revocation is not warranted, then the Hearing Officer shall remand the matter to the County for determination of an appropriate administrative penalty to impose in lieu of permit revocation.

(2)

With respect to appeals of violations and/or the amount of associated civil administrative penalties, the Hearing Officer shall decide whether the violation occurred and if so, whether the amount of the penalty is appropriate. If the Hearing Officer determines that the alleged violation occurred but that the amount of the penalty is excessive, then the Hearing Officer shall determine an appropriate, lesser penalty amount based on the factors set forth in Section 8114-5.2.

e.

The Hearing Officer's decision shall be set forth in a written order served upon the parties by first class mail delivery no later than thirty (30) calendar days after the hearing date. The order shall be considered the Final Administrative Order for purposes of Government Code section 53069.4.

f.

Pursuant to Government Code section 53069.4, subdivision (b)(1), if the Final Administrative Order is contested, review shall be sought in the Ventura County Superior Court as a limited civil case within twenty (20) calendar days after the date of service of the Final Administrative Order. A copy of the notice of appeal shall be served on the Planning Director or designee either in person or by first class mail. If no Notice of Appeal is timely filed with the Superior Court, the Final Administrative Order issued by the Hearing Officer shall be deemed confirmed and final.

(Ord. No. 4523, § 6, 6-19-2018)

As an alternative to pursuing formal enforcement action, the Planning Director or Code Compliance Director, or their designees, may give the person(s) deemed responsible for a violation of Section 8109-4.6 the opportunity to resolve the matter through an informal resolution process intended to achieve and maintain compliance. This process may involve the payment of a negotiated settlement amount by the responsible person(s) and/or a compliance agreement to establish compliance deadlines and related terms and conditions. Persons participating in the informal resolution process shall be required to pay all applicable fees and costs adopted by the County Board of Supervisors.

(Ord. No. 4523, § 6, 6-19-2018)