Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of January 23, 2024
Title
A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING AND RESTATING ADMINISTRATIVE CITATION FINES FOR VIOLATIONS SUBJECT TO ADMINISTRATIVE CITATION PROVISIONS
(Community Development Director Carrie Tai)
Body
Recommended Action:
Recommendation
Staff recommends City Council adopt a resolution (Attachment 1) amending the City’s Administrative Fine Schedule and finding the action to be exempt pursuant to the California Environmental Quality Act.
Body
Executive Summary:
The City’s existing administrative citation procedure was implemented in 2007 and the fines for administrative penalties have not increased since that time. Staff proposes to amend the City’s Administrative Fine Schedule to increase certain administrative penalties to further incentivize compliance.
Background:
At its August 14, 2007 meeting, City Council approved the creation of an administrative citation process. At its October 9, 2007 meeting, City Council approved the establishment of a tiered approach of citation fine amounts and deadlines to incentivize compliance.
Hermosa Beach Municipal Code (HBMC) Section 1.10.040, Administrative Citations and Penalties, includes a list of violations that are subject to administrative penalty procedures. This section was created to provide the City with civil enforcement procedures separate from the criminal misdemeanor and infraction categories referenced in the HBMC. These administrative citation provisions establish a category which allows the City to penalize certain minor offenses under civil procedures, as opposed to the "criminal" procedures for infractions and misdemeanors. This civil enforcement approach still allows the use of infraction or misdemeanor enforcement actions for such offenses where determined necessary by the City.
At its October 9, 2007 meeting, City Council had adopted administrative fines of $100 for the first violation; $200 for the second violation; and $500 for third and subsequent violations.
On several occasions since 2007, City Council added to the list of violations subject to the administrative citation provisions and in certain cases, approved violation-specific fines. In March 2023, staff indicated to Council that a future discussion and update on administrative citation fines would return to City Council.
Past Board, Commission, and Council Actions
|
Meeting Date |
Description |
|
August 14, 2007 |
City Council adopts administrative citation provisions in the Municipal Code. |
|
October 9, 2007 |
City Council adopts Resolution No. 07-6569 establishing a tiered approach for administrative citation fines. 1) $100-first violation 2) $200-second violation 3) $500-third and subsequent violations |
|
June 21, 2016 |
City Council adopts Resolution 16-7033 establishing fines for Short Term Vacation Rentals and Social Host Ordinance |
|
October 26, 2021 |
City Council adopts Ordinance 21-1439 pertaining to dogs running unleashed on City property and City Parks and Resolution 21-7297 establishing administrative fines for violations. |
|
March 14, 2023 |
City Council adopts Ordinance adding provisions of Title 15 (Building Code) and Chapter 8.24 (Noise Regulations) to list of violations subject to Administrative Citations. |
|
September 12, 2023 |
City Council adopts ordinance allowing cannabis delivery and resolution establishing administrative fines for violations. |
Process of Administration Citations
The City’s process of issuing administrative citations generally consists of a warning letter and an opportunity to correct the violation. If compliance is not reached within the specified amount of time, the City may issue an administrative citation. The citation recipient, or responsible party, may appeal the citation. If appealed, the case is heard by an independent hearing officer secured by the City. Administrative citations that are not appealed, and not paid, are referred to collections. Violations may be cited as often as daily. The City may also pursue greater remedies, such as prosecution, for unresolved violations.
Section 1.10.010 of the HBMC states that the use of administrative citations does not prevent the City from using other methods of enforcement or abatement, including prosecution or arrest for misdemeanors.
The City’s current Administrative Citation fines are grouped into the following categories:
• All violations-$100 (first), $200 (second), or $500 (third/subsequent), except
- Social Host Liability (underage drinking at private parties)-$2,500 to $10,000
- Short-Term Vacation Rental violations-$2,500 to $15,000 for each violation
- Animal-related violations fines-$250 for each violation
- Cannabis Delivery violations-$20,000 for each violation
Discussion:
As part of updating the City’s policies and practices with regard to enforcement of HBMC provisions, staff reviewed the City’s administrative citation provisions, fines, and internal procedures to identify opportunities for improvements. The main goal is to ensure that the enforcement provisions remain effective in gaining voluntary compliance in a timely manner. To date, staff reviewed and improved internal administrative citation and documentation procedures, added hearing officer capacity for administrative citation appeal hearings, and revised the collections referral process.
Violations of the HBMC are a misdemeanor (Government Code section 26900(a)), unless designed by the City as an infraction. Misdemeanors are punishable by imprisonment in the County jail not exceeding six months or by fine not exceeding one thousand dollars ($1,000). Government Code Section 36900 provides that infraction violations are punishable by a civil fine. Administrative penalties on the other hand are not limited by these amounts.
The City has routinely set in place administrative penalties for violations commensurate with the nature and correction of the violation. However, as time progresses, the administrative citation amounts decrease in relationship to the cost of continuing the violation and cease to be effective.
After reviewing the administrative penalties, staff recommends City Council consider the following adjustments:
|
|
Current |
Proposed |
|
All violations (except below) |
$100 (first) $200 (second) $500 (third, +) |
$250 (first) $500 (second) $1,000 (third, +) |
|
Short-Term Vacation Rental violations |
$2,500 to $15,000 for each violation |
No change |
|
Social Host Liability (underage drinking at private parties) |
$2,500 (first) $5,000 (second) $10,000 (third, +) |
$500 (first) $1,000 (second) $2,500 (third, +) |
|
Animal-related violations fines Paragraphs (A), (U) and (V) of Section 12.28.010 |
$250 (first) $250 (second) $250 (third, + |
$250 (first) $500 (second) $1,000 (third, +) |
|
Cannabis Delivery violations |
$20,000 (all) |
No change |
|
Stormwater and Urban Runoff Pollution Control Regulations |
$100 (first) $200 (second) $500 (third, +) |
$500 (first) $750 (second) $1000 (third, +) |
|
Encroachments (Streets and Sidewalks) |
$100 (first) $200 (second) $500 (third, +) |
$500 (first) $750 (second) $1000 (third, +) |
Should the proposed resolution be adopted, the newly revised Administrative Fine Schedule would be effective immediately. If so desired, City Council could designate an alternate effective date.
Next Steps
As part of continued process review and improvements, staff will return to City Council with amendments to the administrative citation provisions of the HBMC. Currently, all violations, whether misdemeanor or infraction, must be listed in Section 1.10.040 as a violation subject to an administrative citation to be enforced administratively. There are frequently noticed violations, such as parks and playground rules and storage of trash bins, that are not listed, thereby impairing the City’s ability to pursue administrative remedies. Staff anticipates this discussion and presentation of potential amendments to occur in February 2024.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 2. The community is active and engaged in decision-making processes.
Policy:
• 2.6 Responsive to Community Needs. Continue to be responsive to community needs.
Goal 7. Community sustainability and health are a priority in policy and decision-making.
Policy:
• 7.6 Livability Principles. Amend or update policies that may run counter to livability principles.
Environmental Determination:
Pursuant to the California Environmental Quality Act Guidelines section 15061(b)(3), it can be seen with certainty that there is no possibility that the activity contemplated by this ordinance may have a significant effect on the environment.
Fiscal Impact:
If adopted, the Administrative Fine Schedule would generate some revenue as citation fines are assessed to violators. However, the main objective of administrative penalties is to encourage voluntary compliance, not to generate revenue. Staff does not have an estimate of the potential revenue at this time.
Attachments:
1. Draft Resolution 24-XXX
2. City Council Resolution No. 07-6569
3. August 14, 2007 City Council Staff Report
4. Link to October 9, 2007 City Council Staff Report <https://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=37&meta_id=3455>
5. Link to June 21, 2016 City Council Staff Report <https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=2748943&GUID=6138CD4D-947C-407B-BD64-959459936A23>
6. Link to October 25, 2021 City Council Staff Report <https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=5192236&GUID=DC8CC857-5AA5-48B9-9AA3-8B8C0FF0DBC5>
7. Link to March 14, 2023 City Council Staff Report <https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=6056908&GUID=5C757BDA-ADA6-4CEC-8A5B-09C87E8A7628>
8. Link to September 12, 2023 City Council Staff Report <6.%09https:/hermosabeach.legistar.com/LegislationDetail.aspx>
Respectfully Submitted by: Carrie Tai, AICP, Community Development Director
Noted for Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager