§ 8183-5.7.5. Administrative appeal of civil penalties.

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. Once 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 may 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 8183-5.7.4 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 8183-5.7.3.

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 owed to 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 with 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.

(Ord. No. 4498, § 6, 12-6-2016)