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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMARILLO, CALIFORNIA, AMENDING THE CAMARILLO MUNICIPAL
CODE TO IMPLEMENT STATE LAW RELATED TO APPEALS FROM
BUILDING CODE ORDERS AND DETERMINATIONS
The City Council of the City of Camarillo ordains as follows:
SECTION 1. General Findings. The City Council finds as follows:
A. In Temple of 1001 Buddhas v. City of Fremont (2024) 100 Cal.App.5th 456, the Court of Appeal held that a city’s code could not provide for an administrative hearing for appeals of building code orders or determinations by a hearing officer appointed by a City Manager, but must allow for appeals to be heard by a board, agency or other governing body; and
B. The purpose of this Ordinance is to amend the Camarillo Municipal Code (“CMC”) to ensure consistency with State law by providing an appeal processes before a board from all orders and determinations made related to Title 16 of the CMC; and C. This Ordinance amends the CMC by, among other things, adding a new Chapter to Title 16 of the CMC which provides an appeal process before the City Council for all orders and determinations made related to Title 16 (Buildings and Construction) of the CMC; and
D. On June 25, 2025, the City Council considered this Ordinance. Its findings are made based on the entire administrative record including testimony and evidence presented to the City Council, including, without limitation, the staff report submitted by the Director of Community Development.
SECTION 2. Environmental Review. The City reviewed the environmental impacts of this activity under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). This activity is exempt from CEQA review pursuant to CEQA Guidelines § 15061(b)(3) as it establishes administrative procedures and will not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment.
SECTION 3: Amendment. CMC § 1.13.120 (Initial administrative review— Request) is amended as follows:
“1.13.120 - Initial administrative review—Request.
Citees may request an initial administrative review of the citation within twenty days of its issuance. This request must be made in writing to the Director and set forth with particularity the reasons the Citee believes a violation did not occur or that the Citee was not responsible
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for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing.
Notwithstanding, this section is voluntary for all persons cited for failure to adhere to, or otherwise comply with Title 16 (Buildings and Construction) of this Code.” SECTION 4. Amendment. CMC § 1.13.140 (Request for administrative hearing) is amended as follows:
“1.13.140 - Request for administrative hearing.
Except as provided by Chapter 16.58 of this Code, any Citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A Citee must request an administrative hearing within fifteen days after the date the city served the Citee with notice of the administrative review decision.
Requests must be submitted to the Director and be accompanied by an advance deposit of the fine or a request for a hardship waiver.”
SECTION 5. Amendment. CMC § 9.17.060.B. is amended as follows:
“B. As soon as is practicable following the close of such hearing, the hearing officer shall render a decision on the matter. If a public nuisance is found to exist, the hearing officer shall issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The hearing officer shall promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure § 1094.6. Except as provided in Chapter
16.58 of this Code, there is no right to appeal to the City Council.” SECTION 6. Amendment. CMC § 16.04.020 (Special definitions) is amended as follows:
“16.04.020 - Special definitions.
The following words used in any of the codes adopted by reference under this Title have the following meanings:
A. "Board of appeals", "Appeals Board" or any other reference to any appeals board, means the City Council.
B. "Building Official" means the person or entity designated as such by the city council or that person or entity's designee.
C. "Authority having jurisdiction" means the person or entity designated as such by the city council.”
SECTION 7. Amendment. CMC section 16.55.050 is repealed in its entirety.
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SECTION 8. Amendment. CMC Chapter 16.58 is added to the CMC as set forth in the attached Exhibit “A” which is incorporated by reference.
SECTION 9. Renumbering. All sections of the CMC affected by changes implemented by this Ordinance are renumbered as appropriate.
SECTION 10. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 11. Enforceability. Repeal of any provision of the CMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 12. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CMC or other city ordinance by this Ordinance will be rendered void and cause such previous CMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 13. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 14. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 15. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 16. Recording. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Camarillo’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law.
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SECTION 17. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 18. Execution. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of Camarillo, and the City Clerk, or duly appointed deputy, is directed to attest thereto.
SECTION 19. Effective Date. This Ordinance becomes effective on the 30th day following its passage and adoption.
SECTION 20. Building Standards Commission. The City Clerk is directed to file a certified copy of this Ordinance with the California Building Standards Commission.
PASSED, APPROVED, AND ADOPTED ______________.
________________________________
Mayor
Attested to on _________________.
_____________________________
City Clerk
I, Carrie Weal, City Clerk of the City of Camarillo, certify Ordinance No. _ was introduced by the City Council at a meeting held June 25, 2025, and subsequently passed and adopted by the City Council at a regular meeting held _________, by the following vote:
YES: Councilmembers:
NO: Councilmembers:
ABSENT: Councilmembers:
_________________________________
City Clerk
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EXHIBIT A
CMC CHAPTER 16.58
16.58 – APPEALS.
16.58.010 - General.
A. The City Council acting as the appeals board (the “Appeals Board”) will hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, or to pass upon matters pertaining to the application of the codes adopted under this Title. The Building Official or designee shall be an ex officio member but shall have no vote upon any matter before the Appeals Board.
B. Any person that is directly and adversely affected by the application of this Title, including any order, decision, or determination made by the Building Official, or designee, or a Hearing Officer pursuant to Chapters 1.13 or 9.17, may file an appeal with the Appeals Board.
C. An application for appeal shall be based on a claim that the true intent of this Title or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Title do not fully apply, or an equally good or better form of construction is proposed.
16.58.020 - Notice of appeal.
A. A request for appeal may be taken only by filing a written notice of appeal with the Building Official, or designee, not later than ten days after the City’s rendition of an adverse order, decision, or determination regarding the codes adopted under this Title.
B. Each notice of appeal must include:
1. A description of the work or improvements proposed to be made or done.
2. A description of the proposed location of the work or improvements.
3. Identify all code sections upon which the appeal is based, with a description of the codes’ application to the facts of the case.
4. The detailed reason(s) why:
a. The order, decision, or determination of the Building Official or Hearing Officer should not be sustained; and
b. The relief requested.
16.58.030 - Filing fee.
A notice of appeal is not deemed filed and will not be accepted by the Building Official, until the appellant complies with the requirements of this Chapter and pays all filing fees set forth in the City Council’s adopted fee schedule, as may be amended or superseded from time to time.
16.58.040 - Hearings.
A. All appeals must be in writing and contain sufficient information to allow the Board of Appeals to make a determination on the request.
B. A duly filed appeal will be heard by the Appeals Board not more than 60 days after the appeal is filed.
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C. The Building Official, or designee, must make a copy of all documents to be presented before the Appeals Board publicly available and provide the appellant with a copy of all materials not later than five days before the meeting date on which the matter is set to be heard.
D. At such meeting, or at such later time as the matter may be continued by the Appeals Board, the appellant and the Building Official or any of his or her authorized representatives, shall be given a reasonable opportunity to be heard on the matter and to present relevant evidence.
16.58.050 - Decisions.
A. The Appeals Board will adopt a written determination based on the substantial evidence in the entire record to uphold or set aside the order, decision, or determination at issue. For the Appeals Board to set aside the order, decision, or determination, it must find that the proposed design:
1. complies with the intent of this Title; and
2. satisfies the requirements of the codes adopted by this Title; B. The Building Official must send a copy of the Appeal Board’s decision to the appellant within five business days.
C. The Appeal Board’s determination is final as of the date of its decision and represents the City's final action on the matter.
D. The Appeals Board findings will include the following notice:
Notice to Parties.
The time within which judicial review must be sought to review this decision is governed by the provisions of California Code of Civil Procedure Section 1094.6.
The findings and order of the Board will either be personally delivered or mailed to the appellant within 30 days following the conclusion of the hearing.