14-N
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Brian McNerney, Interim Director of Public Safety
SUBJECT: Consideration and possible action to modify the fine schedule for administrative citations by adopting Resolution No. 24-57 – A Resolution adopting a fine schedule pursuant to Bellflower Municipal Code § 1.12.060(A), and superseding Resolution No. 22-66.
DATE: October 14, 2024
EXECUTIVE SUMMARY
Bellflower Municipal Code (“BMC”) § 1.12.060(A) allows for the issuance of administrative fines related to violations of the code. Staff is recommending the modification of administrative fine amounts related to health and safety, public services, cannabis related businesses, and zoning (see Exhibit A of Resolution No. 24-57 for full list).
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 24-57; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Based on the number of administrative citations issued in fiscal year 23/24, fine revenue may increase by approximately $6,900.00 per year.
DISCUSSION
Consistent with staff’s direction to undertake an internal review of Public Safety/Code Enforcement operations, staff is recommending the modification of certain administrative fine amounts specifically related to temporary/conditional use permit violation s, vacant property violations, public nuisances related to unlawful drug activity/prostitution/gambling, unnecessary noises (loud parties), bulky items, cannabis business violations, and other violations of the BMC. The listed BMC titles/chapters/sections represent violations attributable to visual blight, public nuisances, protecting public safety, and unlawful activity in the city. The modification of fine amounts for these violations seeks to provide greater incentive for immediate compliance, reduce the reoccurrence of future violations, and act as a deterrent. 1 «‘1 01: BELLFLOWG
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Staff Report – Resolution No. 24-57, Modified Administrative Fine Schedule October 14, 2024
DISCUSSION – Continued
Increase in fines related to violations involving storm water runoff and properties engaging in drug use, gambling and prostitution, for example, are directly related to protecting the life and safety of individuals.
In certain situations, the penalty for doing something wrong is less than doing what is right. As an example, the minimum cost of a temporary use permit (“TUP”) is $149, whereas the current administrative fine for a first violation is $100. The imbalance of the permit fee and administrative fine has led to situations where a TUP will intentionally not be acquired, and the organizer/business/individual would rather take the chance on a $100 fine if caught. Similarly, a cannabis-related location or a business operating without the required CUP may consider the risk of incurring the current fine amounts simply as the “cost of doing business.”
Increasing the fine amounts serves to protect public safety, promote expeditious correction of violations, and dissuade future violations.
ATTACHMENT
Resolution No. 24-57....................................................................................................... 3 2
CITY OF BELLFLOWER
RESOLUTION NO. 24-57
A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT TO
BELLFLOWER MUNICIPAL CODE § 1.12.060(A), AND SUPERSEDING RESOLUTION NO. 22-66
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The City Council finds and declares as follows:
A. The City Council finds that it is desirable to adopt a resolution pursuant to Bellflower Municipal Code (“BMC”) § 1.12.060(A) modifying fine amounts for administrative citations; and
B. This Resolution is adopted pursuant to BMC § 1.12.060(A) and Government Code § 53069.4(a)(1).
SECTION 2. Factual Findings. Increasing the fine amounts (collectively, “fines”), attached as Exhibit “A” to this Resolution, serves to protect public safety, promote expeditious correction of violations, and dissuade future violations.
SECTION 3. Approval. The fine amounts (collectively, “fines”) attached as Exhibit “A” to this Resolution are adopted as the City’s fine schedule for purposes of imposing fines pursuant to administrative citations. To the extent that Resolution No. 22- 66 (adopted November 28, 2022), and any other resolution pertaining to administrative fine schedule is incorporated into this Resolution, it is superseded in its entirety.
SECTION 4. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 5. 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 were made to form accurate assumptions. Somewhat related to this are the limitations on the C ity'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 6. 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.
City of Bellflower
Resolution No. 24-57
SECTION 7. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution . It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 8. Severability. If any part of this Resolution 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 Resolution are severable.
SECTION 9. Electronic Signatures. This Resolution 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 10. The Mayor, or presiding officer, is authorized to affix its signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or its duly appointed deputy, is directed to attest.
SECTION 11 . Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 14th DAY OF OCTOBER 2024.
________________________________
Dan Koops, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachment:
Exhibit A – Administrative Fine Schedule
RESOLUTION NO. 24-57
EXHIBIT A
FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS ORDINANCE
A. Except as otherwise provided, violations of the BMC for which administrative citations are issued will have fines imposed as follows: 1) a fine not exceeding one hundred dollars ($100.00) for the first violation; 2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within a 12-month period; or 3) a fine not exceeding five hundred dollars ($500.00) for a third or more offenses of the same provision within a 12-month period.
B. Administrative citations issued for the following BMC violations will be subject to fines as follows:
Title 8 - Health and Safety
BMC DESCRIPTION BASE FINE
AMOUNT
Chapter 8.16 Fireworks regulations1 $2000
Section 8.32.010 Unnecessary Noises $250
Section 8.36.030 (D)
Public Nuisances; Use of property for
unlawful possession and/or use of
controlled substances, prostitution,
and/or unlawful gambling
$2000
Section 8.36.030 (F) Failure to Comply with City, County, or State Regulations $500
Chapter 8.40 Registration and Maintenance of Vacant
Properties $500
Title 9 - Public Peace and Welfare
BMC DESCRIPTION BASE FINE
AMOUNT
Section 9.04.110 Unauthorized possession of catalytic
converter $1,000
Title 10 - Vehicles and Traffic
BMC DESCRIPTION BASE FINE
AMOUNT
Chapter 10.30 Unlawful Street Racing Spectators $500
1 In addition to the administrative fine, a citee is liable and responsible for the payment of actual costs associated with the collection, transportation, and disposal of any seized fireworks in accordance with regulations duly adopted by the State Fire Marshal.
5 Resolution No. 24-57 – Exhibit A
Title 13 - Public Services
BMC DESCRIPTION BASE FINE
AMOUNT
Chapter 13.20 Stormwater and Runoff Pollution Control $500 Chapter 13.24 Solid Waste/Recyclable Material
Collection and Bulky Items $250
Title 14 - Cannabis-Related Businesses
BMC DESCRIPTION BASE FINE
AMOUNT
Title 14 Cannabis-Related Businesses $500
Title 17 - Zoning
BMC DESCRIPTION BASE FINE
AMOUNT
Section 17.16.020 Permitted Uses, SF Zone $500
Section 17.16.040 Conditional Uses, SF Zone $500
Section 17.20.020 Permitted Uses, A-E Zone $500
Section 17.20.040 Conditional Uses, A-E Zone $500
Section 17.24.020 Permitted Uses, R-1 Zone $500
Section 17.24.040 Conditional Uses, R-1 Zone $500
Section 17.28.020 Permitted Uses, R-2 Zone $500
Section 17.28.030 Conditional Uses, R-2 Zone $500
Section 17.32.020 Permitted Uses, R-3 Zone $500
Section 17.32.030 Conditional Uses, R-3 Zone $500
Section 17.36.020 Permitted Uses, S-C-H District $500
Section 17.40.020 Permitted Uses, RPD Zone $500
Section 17.44.020 Permitted Uses, C-G Zone $500
Section 17.44.030 Conditional Uses, C-G Zone $500
Section 17.48.020 Allowable Uses, TC District $500
Section 17.52.020 Permitted Uses, M-1 Zone $500
Section 17.52.030 Conditional Uses, M-1 Zone $500
Section 17.56.020 Permitted Uses, Public Uses Zone $500 Section 17.56.030 Conditional Uses, Public Uses Zone $500 Section 17.64.020 Permitted Uses, Open Space Zone $500
Section 17.64.040 Permitted Uses, Open Space Zone $500
Section 17.65.070 Permitted Uses, DFD Zone $500
Section 17.65.080 Conditional Uses, DFD Zone $500
Chapter 17.76.020 Permitted Zones, Temporary Uses $500
Chapter 17.76.030 Permitted Uses, Temporary Uses $500
6 Resolution No. 24-57 – Exhibit A
C. Subsequent violations of the BMC listed in Section B will be punished as follows:
1. A fine not more than twice the amount of the base fine for a second violation of the same provision within one year; and
2. A fine not more than three times the amount of the base fine for a third violation of the same provision within one year.
D. A re-inspection fee of $80 will be imposed upon any person causing, permitting, aiding, abetting or suffering a violation of the Bellflower Municipal Code that is not timely and completely corrected or abated (with all required approvals, permits, licen ses, and/or inspections) after having received notification from the City to correct or abate same.
E. Pursuant to BMC § 1.12.060(J), fines unpaid by the date listed on the citation or not successfully appealed constitute a debt to the City of Bellflower. Such unpaid fines will accrue interest at the statutory rate (see, e.g., Civil Code § 3289) of 10% per annum. 7