Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of March 14, 2023
Title
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING HERMOSA BEACHMUNICIPAL
CODE SECTION 1.10.040 PARAGRAPH (A) TO INCLUDE
VIOLATIONS OF TITLE 15, “BUILDINGS AND CONSTRUCTION”
AND CHAPTER 8.24 NOISE CONTROL IN LIST OF VIOLATIONS
SUBJECT TO ADMINISTRATIVE CITATION PROCEDURES
(Community Development Director Carrie Tai)
Body
Recommended Action:
Recommendation
Staff recommends City Council introduce on first reading an ordinance (Attachment 1) entitled, “An Ordinance of the City of Hermosa Beach, California, Amending Hermosa Beach Municipal Code Section 1.10.040 Paragraph (A) to Include Violations of Title 15, “Buildings and Construction” and Chapter 8.24 Noise Control in List of Violations Subject to Administrative Citation Procedures.”
Body
Executive Summary:
The California Building Standards Code and Hermosa Beach Municipal Code (HBMC) deem proceeding with construction, including structural, electrical, mechanical, plumbing, etc., against City regulations (including obtaining necessary permits) a misdemeanor. The process of prosecuting misdemeanors is time and labor intensive and minimally effective in gaining compliance. The City’s existing administrative citation procedure would provide an additional tool to incentivize compliance, i.e., obtaining permits.
Background:
Cities in California are required to adopt the volumes of the Building Standards Code by reference. Title 15 of the HBMC comprises the Building Standards Code adopted by reference, along with local amendments. Title 15 consists of regulations for all construction, including but not limited to buildings (structural), electrical, mechanical, and plumbing. Title 15 requires that a property owner or contractor obtain required permit(s) prior to undertaking construction, with the failure to do so potentially constituting a violation in the form of a misdemeanor. Also, the City’s Noise Control regulations limit construction to the hours of 8:00 a.m. to 6:00 p.m., Monday to Friday, and 8:00 a.m. to 5:00 p.m. on Saturday.
The City’s Community Development Department, Building and Safety Division is responsible for the review of building plans, permit issuance, and construction inspection, to ensure that the proposed construction and activity comply with regulations and are safe. The Division also responds to complaints and observations of construction work without permits, or work exceeding the scope of issued permits, or work taking place outside of allowable construction hours.
When the City observes work being performed without necessary permits, staff issues a “stop work” notice with a requirement for the responsible party to initiate the process to submit permit applications and plans to obtain necessary permits. Similarly, when the City receives reports of construction taking place outside of allowable construction hours, the City can issue verbal or written warnings to the responsible party. However, if the responsible party continues to violate regulations, the City may either pursue “cease and desist” orders through legal counsel or a $1,000 fine or arrest through prosecution. Both options are time and labor intensive, do not lead to compliance, and continue to expose persons on or nearby the property to potentially dangerous conditions. In 2022, the City received over 200 complaints of possible unpermitted construction and construction outside allowable hours. While most responsible parties act promptly to rectify violations, approximately 10 percent require numerous and repeated warnings as violations persist.
At its August 14, 2007 meeting, City Council approved the creation of an administrative citation process. While Building Code violations were mentioned in the staff report, they were not included in the adoption ordinance. Noise Control measures were originally included but, for unknown reasons, were removed. At its October 9, 2007 meeting, City Council approved the establishment of a tiered approach of citation fine amounts and deadlines to incentivize compliance. HBMC Section 1.10.040, Administrative Citations and Penalties, includes a list of violations that are subject to administrative penalty procedures. The list includes a variety of land use violations including zoning, business license, water efficiency, shared mobility devices, trees, etc., but does not include violations of Title 15 relating to buildings and construction. To add Title 15 violations to this list, an amendment to Section 1.10.040 is required via ordinance.
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 |
Discussion:
Staff requests violations of Title 15 and Chapter 8.24 be included in the list of violations subject to administrative citation procedures. In addition to posting of a “stop work” notice and warnings, this procedure would entail the City issuing a Notice of Violation to a responsible party detailing the time period within which to comply.
If the responsible party failed to comply within that time period or continued to work despite the posting of a “stop work” notice, the City would be able to issue an administrative citation, consisting of a first violation fine. Administrative citations may be appealed. Appeal hearings are decided upon by a hearing officer. Administrative citations that are not appealed and not paid are referred to collections. Unresolved violations may be cited subsequent times. The City may also pursue greater remedies, such as prosecution, for unresolved violations.
Allowing violations of Title 15 to be subject to administrative citations would reduce the time and administrative burden of pursuing misdemeanors to incentivize compliance. Building and construction violations potentially lead to dangerous conditions, so timeliness is a consideration in bringing these violations into compliance. A first citation with a fine is often sufficient to incentivize compliance.
The City’s current tiers for administrative citation fines are included in Resolution No. 07-6569 (Attachment 3). Staff is currently conducting a survey of updated administrative citation fines and will return to City Council this year with proposed updated fines.
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 HBMC also provides that the City may require permit fees of up to quadruple rate for permits obtained “after the fact.”
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 of update policies that may run counter to livability principles.
Land Use Element
Goal 5. Quality and authenticity in architecture and site design in all construction and renovation of buildings.
Policy:
• 5.2 High quality materials. Require high quality and long-lasting building materials on all new development projects in the city.
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:
There may be a slight positive fiscal impact resulting from this recommended change from reductions in staff time in follow-up with non-complying properties, coordination with the City’s legal counsel, and prosecution efforts. The City’s administrative citation procedures already exist for other purposes and no additional modifications are needed.
Attachments:
1. Draft Ordinance 23-XXX (includes redlined changes)
2. August 14, 2007 City Council Staff Report
3. City Council Resolution No. 07-6569
4. Link to October 9, 2007 City Council Staff Report
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