13.06.110 Administrative notice, hearing and appeal procedures.
A. Unless otherwise provided herein, any notice required to be given by the Director under this title shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Director.
Where the address is unknown, service may be made upon the owner of record of the property involved. Such notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service whether or not the registered or certified mail is accepted.
B. Except for emergency suspension of sewer service (as provided in CVMC 13.06.100(A)), when the Director determines that a violation of one or more provisions of this title exists or has occurred, any violator(s) or property owner(s) of record may be served by the Director with a written notice and order. The notice and order shall state the Municipal Code section violated, describe how violated, the location and date(s) of the violation(s), and describe the corrective action required. The notice and order shall require immediate corrective action by the violator(s) or property owner(s) and explain which method(s) of administrative enforcement is being utilized by the Director: suspension of sewer service, revocation of permit, civil penalties, and/or recalculation of sewer service charges. The notice and order shall also explain the consequences of failure to comply, including that civil penalties begin to immediately accrue if compliance is not achieved within 10 days from the date the notice and order is issued. The notice and order shall identify all hearing rights. The Director may propose any enforcement action reasonably necessary to abate the violation.
C. If the violation(s) is not corrected within 10 days from the date the notice and order is issued, the Director shall request the City Manager to appoint a hearing officer and fix a date, time, and place for hearing. The Director shall give written notice thereof to the violator(s) or owner(s) of record, at least 10 days prior to the date for hearing.
1. The hearing officer shall consider any written or oral evidence presented to determine whether the violation(s) exists; service should be terminated; the permit should be revoked, suspended, or modified; civil penalties should be imposed; and/or sewer service charges should be imposed, consistent with rules and procedures for the conduct of hearings and rendering of decisions established and promulgated by the City Manager.
2. In determining whether action regarding a permit should be taken, or the amount of a civil penalty to be imposed, the hearing officer may consider any of the following factors:
a. Duration of the violation(s);
b. Frequency or recurrence;
c. Seriousness;
d. History;
e. Violator’s conduct after issuance of the notice and order;
f. Good faith effort to comply;
g. Economic impact of the penalty on the violator(s);
h. Impact of the violation on the community;
i. Any other factor which justice may require.
3. If the violator(s) or owner(s) of record fails to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice and order.
4. The hearing officer shall render a written decision within 10 days of the close of the hearing, including findings of fact and conclusions of law, identifying the time frame involved and the factors considered in assessing civil penalties, if any, or recalculation of sewer service charges, as appropriate. The decision shall be effective immediately, unless otherwise stated in the decision. The hearing officer shall cause the decision to be served on the Director and all participating violators or owners of record.
5. If the persons assessed recalculated sewer service charges or civil penalties fail to pay them within the time specified in the hearing officer’s decision, the unpaid amount constitutes either a personal obligation of the person assessed or a lien upon the real property on which the violation occurred, in the discretion of the Director. If the violation(s) is not corrected as directed, the recalculation/civil penalty continues to accrue on a daily basis. Civil penalties may not exceed $100,000 in the aggregate. When the violation is subsequently corrected, the Director shall notify the violator(s) and/or owner(s) of record of the outstanding recalculated sewer service charges and/or civil penalties, and provide an opportunity for hearing if the amount(s) is disputed within 10 days from such notice.
6. The Director shall take all appropriate legal steps to collect these obligations, including referral to the City Attorney for commencement of a civil action to recover said funds. If collected as a lien, the Director shall cause a notice of lien to be filed with the county recorder, and inform the county auditor and county recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the Director shall file a release of lien with the county recorder. (Ord. 2466 § 7, 1991).