Agenda packet — Hermosa Beach City Council, January 23, 2024 (part 2 of 5)

Intro: 12/12/2023
Adopt: 01/23/2024

CITY OF HERMOSA BEACH
ORDINANCE NO. 24-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL

CODE TO IMPLEMENT THE LAND VALUE RECAPTURE PROGRAM FOR

AFFORDABLE HOUSING AND DETERMINE PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH

THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 17.39.050 (Land Value Recapture for Affordable Housing) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

17.39.50 Land Value Recapture for Affordable Housing
A. Sites designated as (--HE) that have underlying non-residential zones are subject to the City’s Land Value Recapture Program for Affordable Housing, as follows:

1. Proposed projects that are entirely non-residential are exempt.

2. Projects on sites with a Sites Inventory capacity are subject to the Land Value Recapture Program fee, as follows:
a. For sites on the Sites Inventory with a capacity of 5 or more units:

1. Projects proposing a minimum of 15% very-low income
units, 15% low-income units, or 25% moderate income
units, or combination thereof, (calculated from base
density) shall be exempt from the fee;

2. Projects proposing a portion of the above affordability requirements shall be subject to the corresponding
proportional amount of the fee.

3. Projects not proposing any affordable units shall be subject to the Tier 2 fee.
b. For sites on the Sites Inventory with a capacity of 1 to 4 dwelling units:

1. Projects constructing to minimum density and proposing at least 1 affordable unit (very low, low, or moderate) are exempt from the fee.
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Intro: 12/12/2023
Adopt: 01/23/2024

2. Projects not proposing any affordable units shall be subject to the Tier 1 fee.

B. The fee amounts for the Land Value Recapture Program for Affordable Housing shall be set by City Council resolution.

SECTION 2. Section 17.42.100(A)(3) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

2. Compatibility. All affordable housing units shall be dispersed within market-rate projects. Affordable housing units within market-rate projects shall be comparable with the size and bedroom count, design, and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing development and consistent with the surrounding neighborhood.

Forms, materials and proportions that are compatible with the character of the surroundings shall be used.

SECTION 3. Section 17.42.100(B)(2) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

2. Applicability. The provisions of subsection (B)(1) of this section shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units.

SECTION 4. Land Value Recapture Program. Regarding proposed Section

17.39.050, the City makes the following findings:

1. The City’s 2021-2029 Housing Element Sites Inventory identifies sites that may be used to meet the City’s Regional Housing Needs Assessment (RHNA) allocation. The City’s RHNA allocation consists of over 60 percent of units in the very low- and low-income categories.

2. Due to lack of available residentially zoned land, most of the sites in the Sites Inventory are on non-residentially zoned sites.

3. The City must amend the zoning in order to allow for residential or mixed-use development on non-residentially zoned sites.

4. The City’s Housing Element includes strategies to facilitate the creation of affordable housing, including very low-, low-, and moderate-income units.
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Adopt: 01/23/2024

5. There are currently no affordable housing units in the City.

6. As a part of the rezoning effort, the City wishes to capture land value associated with the zoning amendments which enable residential development on non-residentially zoned sites.

7. In accordance with California Government Code 66001, the City Council finds:
a. The purpose of the fee (if applicable) is to create much needed affordable residential units in the City.
b. Any fees paid would be to fund the creation of affordable residential units and any associated services required by those units (open space, residential amenities, etc).
c. The amount of the fee is calculated to be the equivalent cost of creating affordable residential units on-site, on nonresidentially zoned properties that now have the ability to include residential development. There is a reasonable
relationship to requiring properties that can now include residential development (and may be the bulk of the new residential units coming online in the City) to offset the lack of affordable units in each project with the fee.
d. The City has an established need for affordable housing, as supported by the adopted 2021-2029 Housing Element.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937, or upon certification of the City’s 2021–2029 Housing Element (6th Cycle) by the California Department of Housing and Community Development, whichever is later.
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Intro: 12/12/2023
Adopt: 01/23/2024
SECTION 7. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED and ADOPTED on this 23rd day of January, 2024.

Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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Section 17.39.050 (Land Value Recapture for Affordable Housing) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

1. Proposed projects that are entirely non-residential are exempt.

2. Projects on sites with a Sites Inventory capacity are subject to the Land Value Recapture Program fee, as follows:
a. For sites on the Sites Inventory with a capacity of 5 or more units:

1. Projects proposing a minimum of 15% very-low income
units, 15% low-income units, or 25% moderate income
units, or combination thereof, (calculated from base
density) shall be exempt from the fee;

2. Projects proposing a portion of the above affordability requirements shall be subject to the corresponding
proportional amount of the fee.

3. Projects not proposing any affordable units shall be subject to the Tier 2 fee.
b. For sites on the Sites Inventory with a capacity of 1 to 4 dwelling units:

1. Projects constructing to minimum density and proposing at least 1 affordable unit (very low, low, or moderate) are exempt from the fee.

2. Projects not proposing any affordable units shall be subject to the Tier 1 fee.

B. The fee amounts for the Land Value Recapture Program for Affordable Housing shall be set by City Council resolution.

Section 17.42.100(A)(3) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

Compatibility. All affordable housing units shall be dispersed within marketrate projects whenever feasible. Affordable housing units within market-rate projects shall be comparable with the size and bedroom count, design, and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing development project and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used. 419
Section 17.42.100(B)(2) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows:

Additionally, projects proposing a percentage of moderate-income rental units equivalent to the percentage of for-sale moderate income units may utilize the corresponding density bonus allowance specified in Government Code Section 65915.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0014
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024
ADOPTION OF AN ORDINANCE AMENDING PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF ADVERTISEMENT OF

SHORT-TERM VACATION RENTALS IN ALL ZONES AND A DETERMINATION THAT THE

ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Carrie Tai Community Development Director)
Recommended Action:

Staff recommends City Council:

1. Waive the full second reading and adopt by title only an ordinance of the City of Hermosa Beach, California amending portions of Title 17 of the Hermosa Beach Municipal Code clarifying the City’s regulation of advertisement of Short-Term Vacation Rentals (STVRs) in all zones, and determine the ordinance is exempt from the California Environmental Quality Act (CEQA) (Attachment 1); and

2. Direct the City Clerk to print and publish a summary ordinance in a newspaper of general circulation within 15 days following adoption and post a copy on the City’s bulletin for 30 days Executive Summary:

The City of Hermosa Beach currently regulates short-term vacation rentals (STVRs) through the Hermosa Beach Municipal Code Title 17, as well as through the City’s Short-Term Vacation Rental Pilot Program. At its May 24, 2016 meeting, City Council adopted an ordinance regulating the advertisement of STVRs in all zones in the City. Identifying the need to clarify advertisement of STVRs more precisely, the Planning Commission recommends City Council adopt an ordinance providing a clearer definition of advertisement, and update code language to reflect modern advertisement methods. City Council introduced and waived full reading of the ordinance at its December 12, 2023 meeting.

Background:

A short-term vacation rental is the rental of a dwelling unit, or a portion of a dwelling, for compensation by way of a rental agreement, lease, license, or any other means, whether oral or written to a person or group of persons for temporary overnight accommodations for a period of less than 30 consecutive days.

At its May 24, 2016 meeting, City Council adopted Ordinance 16-1365 amending Sections 17.08.015,

17.10.015, 17.12.015, 17.14.015, 17.16.015, 17.18.025, 17.20.015, and 17.42.180 of the Hermosa City of Hermosa Beach Page 1 of 8 Printed on 1/18/2024
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17.10.015, 17.12.015, 17.14.015, 17.16.015, 17.18.025, 17.20.015, and 17.42.180 of the Hermosa Beach Municipal Code (HBMC) to expressly prohibit the rental or advertisement of a rental less than 30 days in all residential zones.

At its October 10, 2019 meeting, City Council adopted Ordinance No. 19-1395, instituting a two-year pilot program to allow STVRs in most commercial zones with nonconforming residential uses. The pilot program, known as the Short-Term Vacation Rental Pilot Program, was implemented to investigate the benefits of allowing rentals less than 30 days in the City’s commercial zones. The pilot program maintained existing regulations prohibiting the advertisement of STVRs not permitted through the pilot program.

At its December 14, 2021 meeting, City Council adopted Ordinance 21-1440 to extend the pilot program an additional two years, with revisions to clarify existing requirements. Revisions included adding referenced municipal code sections and title and updating formatting to make it easier to read.

The ordinance established a new expiration date of October 24, 2023.

At its September 26, 2023 meeting, City Council adopted Ordinance 23-1468 (Attachment 4) to extend the pilot program another two years, and further clarify permitting requirements. The ordinance made no change to existing language concerning prohibited advertisement of STVRs.

Recent legal challenges have revealed arguments relying on the nuances of the websites posting STVRs and casting ambiguity on whether these specific website features qualified as an advertisement. Further, some posts have contradictory information (i.e., one passage indicating no rentals for less than 30 days, other features indicating rentals for less than 30 days). To minimize future disputes or attempts to circumvent the City’s STVR advertising regulations, staff brought Zoning Text Amendment (ZTA 23-05) forward to the Planning Commission for its consideration.

At its November 13, 2023 meeting, the Planning Commission adopted Planning Commission Resolution 23-23 (Attachment 2) recommending City Council approve minor text changes to clarify the City’s regulation of advertisements for STVRs in all zones.

At its December 12, 2023 meeting, City Council a public hearing to review the Planning Commission’s recommendation on the proposed ordinance. City Council approved the Planning Commission Zone Text Amendment recommendation in full.

Past Board, Commission, and Council Actions
Meeting Date Description
March 2016 Planning Commission directed staff to 1) set a public hearing to consider a text amendment to clarify the existing regulations that prohibited short-term vacation rentals in residential zones; and 2) analyze the feasibility of allowing short-term vacation rentals within non-conforming
residential units within commercially zoned properties.

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March 2016 Planning Commission directed staff to 1) set a public hearing to consider a text amendment to clarify the existing regulations that prohibited short-term vacation rentals in residential zones; and 2) analyze the feasibility of allowing short-term vacation rentals within non-conforming
residential units within commercially zoned properties.

May 24, 2016 After several Planning Commission and City Council public hearings to consider the ban on short-term vacation rentals in residential zones, the City Council adopted Ordinance 16- 1365, which clarified the existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs.

June 21, 2016 Staff introduced the potential for allowing short-term vacation rentals within nonconforming residential uses in commercial zones to the Planning Commission.

September 20, 2016 The Planning Commission received an informational update on staff efforts to explore allowing short-term vacation rentals in commercial zones. Staff discussed other
jurisdictions’ criteria.

November 15, 2016 Based on recommendations from the Planning Commission at the September 20, 2016 meeting, staff prepared a draft set of criteria that would be the basis for a draft ordinance and presented them to the Planning Commission.

December 12, 2016 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the four meetings, the Planning Commission voted 3-2 not to adopt the
resolution recommending the City Council adopt a text
amendment to regulate short-term vacation rentals in
existing nonconforming residential units located in
commercial zoning districts.

March 28, 2017 The City Council conducted a public hearing to consider a text amendment to the municipal code to establish a twoyear pilot program to allow short-term vacation rentals in non-conforming residential dwelling units on properties that are commercially zoned. At the conclusion of the hearing, the City Council provided staff with direction for the
ordinance.

September 10, 2019 At the City Council meeting, staff presented the draft ordinance for Council consideration. Following the public hearing, the City Council introduced the ordinance, on a 4-1 vote with Mayor Armato dissenting, with amendments to
Section 3 of the ordinance.

September 24, 2019 On September 24, 2019, the ordinance was brought back to City Council for adoption; however, the City Council
changed the Language of Subsection A.3(c).

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March 28, 2017 The City Council conducted a public hearing to consider a text amendment to the municipal code to establish a twoyear pilot program to allow short-term vacation rentals in non-conforming residential dwelling units on properties that are commercially zoned. At the conclusion of the hearing, the City Council provided staff with direction for the
ordinance.

September 24, 2019 On September 24, 2019, the ordinance was brought back to City Council for adoption; however, the City Council
changed the Language of Subsection A.3(c).

October 10, 2019 The ordinance was brought back to Council with the requested changes for waiver of full reading and adoption.

After considering all the oral and written testimony provided to them over the two meetings, City Council voted 4-1 to adopt Ordinance 19-1395 an Ordinance of the City of
Hermosa Beach, California, amending various sections of the Hermosa Beach Municipal Code to establish a two-year pilot program to regulate the rental of existing
nonconforming residential properties that are located in commercial zoning districts for fewer than 30 days.

September 21, 2021 During the September 21, 2021 Planning Commission hearing, staff sought direction from the Commission on
whether to continue the vacation rentals pilot program and amend existing language to help clarify and clear up
existing requirements for short-term vacation rentals. After discussion and deliberation, the Planning Commission
directed staff to set a public hearing to consider a text amendment to continue the Short-term Vacation Rentals
Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and amend the existing language to help clarify and clear up the existing requirements for short-term vacation rentals.

October 19, 2021 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the two meetings, the Planning Commission voted 5-0 not to adopt the
resolution recommending the City Council adopt a text
amendment to continue the Short-term Vacation Rentals
Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and would revise the existing language to help clarify and clear up the existing requirements for short-term vacation rentals.

October 26, 2021 City Council heard public testimony. City Council moved first reading of Ordinance No. 21-1440; motion carried 5-0.

December 14, 2021 City Council approved Ordinance No. 21-1440 to continue the STVR program an additional two years and modify
existing language concerning permit requirements.

At 152023 PliCiidtd blihid
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resolution recommending the City Council adopt a text
amendment to continue the Short-term Vacation Rentals
Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and would revise the existing language to help clarify and clear up the existing requirements for short-term vacation rentals.

October 26, 2021 City Council heard public testimony. City Council moved first reading of Ordinance No. 21-1440; motion carried 5-0.

December 14, 2021 City Council approved Ordinance No. 21-1440 to continue the STVR program an additional two years and modify
existing language concerning permit requirements.

August 15, 2023 Planning Commission conducted a public hearing and adopted Resolution 23-12, recommending to City Council
approval of an Ordinance.

September 12, 2023 City Council heard public testimony. City Council moved first reading of Ordinance No. 23-1468; motion carried 5-0.

September 26, 2023 City Council adopted Ordinance 23-1468 extending the STVR pilot program to October 24, 2025 and clarifying
permitting requirements.

November 13, 2023 Planning Commission conducted a public hearing and adopted Planning Commission Resolution 23-23,
recommending to City Council approval an Ordinance.

December 12, 2023 City Council conducted a public hearing to review the Planning Commission’s recommendation on the proposed
ordinance. City Council approved the Planning Commission Zone Text Amendment recommendation in full.

Analysis:

STVRs are currently only allowed in nonconforming residential uses on specific commercially zoned properties. Those properties are limited to the C-2, C-3, SPA-7, SPA-8, and SPA-11 zones.

Additionally, advertisement of unpermitted STVRs in all zones is currently prohibited. The intent of the proposed ordinance is to clarify STVR advertisement regulations in all zones. The ordinance proposes no change to the general prohibition of STVRs in all residential zones.

Proposed Zone Text Amendment Language
Proposed amendments are shown below. Bold, italicized, and underlined text represents proposed additions (example). Strikethrough text represents proposed deletions (example). · HBMC Section 17.04.040-General Definitions
“Advertisement” is amended as follows:

Advertisement means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form.

This definition includes, but is not limited to, any display on a website pop-up, calendar function, widget, or any other website display.

The modified definition would expand prohibited postings to include more modern methods of advertisement. Notably, websites offering STVR stays, often use calendar functions or scheduling City of Hermosa Beach Page 5 of 8 Printed on 1/18/2024
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advertisement. Notably, websites offering STVR stays, often use calendar functions or scheduling widgets to allow user to choose days more efficiently.

The Planning Commission supported this proposed amendment, and the City Council adopted the Planning Commission recommendation.
· HBMC Section 17.42.180-Short-Term Vacation Rentals
It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone. In the event that an advertisement has conflicting information regarding a prohibited rental, the advertisement for the shorter amount of time shall control.

The added language provides clear direction for staff in cases where advertisements for a property are inconsistent over multiple platforms. For example, a website may have a description for the property, noting stays less than 30 days are prohibited, but a calendar function may allow a user to choose to stay for less than 30 days. The proposed language clarifies that the advertisement offering a shorter stay would be binding for code enforcement purposes.

The Planning Commission supported the proposed text amendment, and the City Council adopted the Planning Commission recommendation.

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 1. A high degree of transparency and integrity in the decision-making process.

Policy:
· 1.1 Open Meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, City of Hermosa Beach Page 6 of 8 Printed on 1/18/2024
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participate, or view remotely.

Goal 2. The Community is active and engaged in decision-making processes.

Policy:
· 2.3 Public participation guidelines. Establish parameters and guidelines to ensure public participation is promoted through diverse methods.

Environmental Determination:

The Zone Text Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). The activity is covered by the commonsense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The Zone Text Amendment would not approve any development project or create any new land use provisions that would allow new development, and therefore would not cause a significant effect on the environment.

Public Notification:

For the January 23, 2024 City Council meeting, a legal ad is not required. Staff published a notification of the proposed ordinance on the City’s website on January 18, 2024.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Proposed Ordinance

2. Redlined Draft Ordinance

3. Ordinance No. 23-1468

4. Planning Commission Resolution 23-23

5. Link to May 24, 2016 City Council Staff Report

6. Link to June 21, 2016 Planning Commission Staff Report

7. Link to September 20, 2016 Planning Commission Staff Report

8. Link to November 15, 2016 Planning Commission Staff Report

9. Link to December 12, 2016 Planning Commission Staff Report

10.Link to March 28, 2017 City Council Staff Report

11.Link to September 10, 2019 City Council Staff Report

12.Link to September 24, 2019 City Council Staff Report

13.Link to October 10, 2019 City Council Staff Report
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14.Link to September 21, 2021 Planning Commission Staff Report

15.Link to October 19, 2021 Planning Commission Staff Report

16.Link to October 26, 2021 City Council Staff Report

17.Link to December 14, 2021 City Council Staff Report

18.Link to August 15, 2023 Planning Commission Staff Report

19.Link to September 12, 2023 City Council Staff Report

20.Link to September 26, 2023 City Council Staff Report

21.Link to November 13, 2023 Planning Commission Staff Report

22.Link to December 12, 2023 City Council Staff Report
Respectfully Submitted by: Johnathon Masi, Assistant Planner Concur: Alexis Oropeza, Planning Manager
Concur: 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
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Intro: 12/12/2023
Adopt: 01/23/2024

CITY OF HERMOSA BEACH
ORDINANCE NO. 23-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-05, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF ADVERTISEMENT OF

SHORT-TERM VACATION RENTALS IN ALL ZONES AND DETERMINE THE

AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL

QUALITY ACT (CEQA)

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. On May 24, 2016, City Council adopted Ordinance No. 16-1365, which clarified existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs.

SECTION 2. The City Council held a duly noticed public hearing on December 12, 2023 to consider a text amendment to portions of Hermosa Beach Municipal Code Title 17.

SECTION 3. Under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies as a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment.

SECTION 4. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements.

The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources.

SECTION 5. Section 17.04.040 (General Definitions) of Chapter 17.04 (Definitions) of Title 17 (Zoning) is amended to read as follows:

17.04.040 – “Advertisement”
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Intro: 12/12/2023
Adopt: 01/23/2024
Advertisement means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form. This definition includes, but is not limited to, any display on a website pop-up, calendar function, widget or any other website display.

SECTION 6. Section 17.42.180 (Short-Term Vacation Rentals) of Chapter

17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows:

17.42.180 Short-Term Vacation Rentals.

It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone. In the event that an advertisement has conflicting information regarding a prohibited rental, the advertisement for the shorter amount of time shall control.

This section sets forth requirements for the establishment and operation of shortterm vacation rentals in nonconforming residential dwelling units in certain commercial zones.

A.Permit and Operational Requirements. The approval of operation of a shortterm vacation rental shall be subject to the following requirements:

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Intro: 12/12/2023
Adopt: 01/23/2024
a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections.
b. An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c. The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times.
d. Short-term vacation rentals established under this section shall have no vested right to continued existence.

2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11.
a. For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental.

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Intro: 12/12/2023
Adopt: 01/23/2024
in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is legible from the adjacent publicright-of-way.
c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem.
d. The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City.
e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.
f. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses.
g. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall:
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Intro: 12/12/2023
Adopt: 01/23/2024
i. Obtain the contact information of the renter.
ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter.
iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the shortterm vacation rental unit. iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit.
h. The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site.
i. On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental.
k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation 433

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Intro: 12/12/2023
Adopt: 01/23/2024
rental unit are avoided or adequately mitigated.
m. The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a shortterm vacation rental unit.

4. The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term vacation rental.

B. Development Standards. Short-term vacation rentals shall conform to the following standards:

1. On-site parking shall be provided as required under Chapter17.44.

2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in eachunit.

C.Violations. Violations of this section are subject to the following standards.

1. Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any other legal methods of enforcement, of the Municipal Code.

2. More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three violations have been affirmed by a hearing officer in the event they are appealed.

D.Sunset Clause. The provisions in this section shall become inoperative on October 24, 2025, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2025, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2025, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit.

SECTION 7. If any provision of this ordinance or its application to any person 434

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Intro: 12/12/2023
Adopt: 01/23/2024
or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED and ADOPTED on this 23rd day of January 2024.

Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:

Myra Maravilla Patrick Donegan
City Clerk City Attorney
435
436
437
438
439
440
441
442
443
444
Exhibit A to PC Resolution 23-23

CITY OF HERMOSA BEACH
PC RESOLUTION NO. 23-23

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

HERMOSA BEACH, CALIFORNIA RECOMMENDING THE CITY COUNCIL APPROVE ZONE TEXT AMENDMENT 23-05, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF THE ADVERTISEMENT OF SHORT-TERM

VACATION RENTALS IN ALL ZONES AND DETERMINE THE AMENDMENT

IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, on May 24, 2016, City Council adopted Ordinance No. 16-1365, which clarified existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs; and WHEREAS, staff determined clarification is required to effectively enforce provisions of the municipal code, specifically regulations regarding prohibited advertisement of unpermitted short-term vacation rentals; and WHEREAS, under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies for a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment; and
WHEREAS, the Planning Commission finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Hermosa Beach hereby recommends City Council adopt an Ordinance approving amendments to Title 17 of the Hermosa Beach Municipal Code, as included as Exhibit A. 445
Exhibit A to PC Resolution 23-23
VOTE: AYES: 5 - Chair Hoffman, Vice Chair Rice, Commissioner Pederson, Commissioner Wicks, Commission Izant
NOES: 0
ABSTAIN: 0
ABSENT: 0

CERTIFICATION
I hereby certify the foregoing Planning Commission Resolution 23-23 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of November 13, 2023. ________________________________ ________________________________ Peter Hoffman Carrie Tai Chair Secretary ________________________________ Date
446
Exhibit A to PC Resolution 23-23

CITY OF HERMOSA BEACH
ORDINANCE NO. 23-XX

SHORT-TERM VACATION RENTALS IN ALL ZONES AND DETERMINE THE

AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL

QUALITY ACT (CEQA)

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 2. The City Council held a duly noticed public hearing on ________, 2023 to consider a text amendment to portions of Hermosa Beach Municipal Code Title 17.

SECTION 4. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements.

SECTION 5. Section 17.04.040 (General Definitions) of Chapter 17.04 (Definitions) of Title 17 (Zoning) is amended to read as follows:

17.04.040 – “Advertisement”
Advertisement means any printed or lettered announcement, whether in a 447
Exhibit A to PC Resolution 23-23
magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form. This definition includes, but is not limited to, any display on a website pop-up, calendar function, widget or any other website display.

SECTION 6. Section 17.42.180 (Short-term Vacation Rentals) of Chapter

17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows:

17.42.180 Short-Term Vacation Rentals.

This section sets forth requirements for the establishment and operation of shortterm vacation rentals in nonconforming residential dwelling units in certain commercial zones.

A.Permit and Operational Requirements. The approval of operation of a shortterm vacation rental shall be subject to the following requirements:

1. Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired.
a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building 448
Exhibit A to PC Resolution 23-23
official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections.
b. An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c. The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times.
d. Short-term vacation rentals established under this section shall have no vested right to continued existence.

2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11. a. For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental.

3. Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a management plan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following:
a. The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits.
b. An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is 449
Exhibit A to PC Resolution 23-23
legible from the adjacent public right-of-way. c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem. d. The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City. e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the shortterm vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.
f. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses.
g. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall:
i. Obtain the contact information of the renter.
ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter.
iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit. 450
Exhibit A to PC Resolution 23-23
iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit. h. The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site.
i. On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental. k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated.
m. The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit.

B. Development Standards. Short-term vacation rentals shall conform to the following standards:

1. On-site parking shall be provided as required under Chapter17.44. 2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit.

C.Violations. Violations of this section are subject to the following standards.

SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.
452
Exhibit A to PC Resolution 23-23
SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED and ADOPTED on this _____ day of _________, 2023.

Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:

Myra Maravilla Patrick Donegan
City Clerk City Attorney
453
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 24-0033
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024

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)
Recommended Action:

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.

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.

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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.

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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
$250 (first) $250
(second) $250 (third+
$250 (first) $500
(second) $1000 (third
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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:

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· 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=6138CD4D6. Link to October 25, 2021 City Council Staff Report <https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=5192236&GUID=DC8CC857-

7. Link to March 14, 2023 City Council Staff Report
<https://hermosabeach.legistar.com/LegislationDetail.aspx?ID=6056908&GUID=5C757BDA8. 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
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CITY OF HERMOSA BEACH (HEADING 1)
RES-24-XXXX (HEADING 2)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING THE CITY’S ADMINISTRATIVE FINE SCHEDULE

AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, Section 1.10.050 of the Hermosa Beach Municipal Code provides that, "Any responsible person who receives an Administrative Citation shall be subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by resolution of the City Council." WHEREAS, the establishment of fines is not subject to environmental review under the California Environmental Quality Act because it is not classified as a project under CEQA Guidelines sec. 15378.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby adopts and approves the following administrative penalty schedule, to update and restate the administrative penalties for violations subject to Section 1.10.040 or the Hermosa Beach Municipal Code, as Exhibit A.

SECTION 2. This resolution supersedes Resolution 07-6569, Resolution 16-7033, Resolution 21-7297.

PASSED, APPROVED, and ADOPTED on this 23rd day of January, 2024.

Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ 460

Page 2 of 3 ends

Myra Maravilla Patrick Donegan
City Clerk City Attorney
Amended and Restated Administrative Citation Fine Schedule January 23, 2024
Violation Subject to Administrative Citations
(Section 1.10.040 HBMC) Current Fine
Chapter 1.10.040 (A) First Second Third +
1 Chapter 5.04, Business Licenses
Generally; $ 250 $ 500 $ 1,000
2 Section 6.08.020, Dogs at Large
Prohibited in Public Places; $ 250 $ 500 $ 1,000
3 Chapter 6.16, Retail Sale of Dogs and
Cats; $ 250 $ 500 $ 1,000
4 Chapter 8.04, Health Code Adopted; $ 250 $ 500 $ 1,000 5 Chapter 8.08, Alarm Systems; $ 250 $ 500 $ 1,000
6 Chapter 8.28, Nuisances; $ 250 $ 500 $ 1,000
7 Chapter 8.32, Rodent Control; $ 250 $ 500 $ 1,000
8 Chapter 8.44, Stormwater and Urban
Runoff Pollution Control Regulations; $ 500 $ 750 $ 1,000 9 Chapter 12.16, Encroachments (streets
and sidewalks); $ 100 $ 200 $ 500
10 Section 12.20.050, Animals $ 250 $ 500 $ 1,000
11 Paragraphs (A), (U) and (V) of
Section 12.28.010, Park Regulations
Generally;
$ 250 $ 500 $ 1,000
12 Chapter 12.32, Newsracks; $ 250 $ 500 $ 1,000
13 Section 15.04.140, Pedestrian protection
during construction; $ 250 $ 500 $ 1,000
14 Sections 15.16.070 and 15.16.080,
grease recovery systems; $ 250 $ 500 $ 1,000
15 Title 17, Zoning; $ 250 $ 500 $ 1,000
15a Title 17, Zoning; Short Term Rentals (<= 2
bed) $ 2,500 $ 5,000 $ 7,500
15b Title 17, Zoning; Short Term Rentals (>= 3
bed) $ 5,000 $ 10,000 $ 15,000
16 Chapter 8.56, Water Conservation and
Drought Management Plan; $ 250 $ 500 $ 1,000
461

Page 3 of 3 ends

Amended and Restated Administrative Citation Fine Schedule January 23, 2024
Violation Subject to Administrative Citations
(Section 1.10.040 HBMC) Current Fine
17 Chapter 8.60, Water Efficient
Landscaping; $ 250 $ 500 $ 1,000
18 Chapter 8.64, Ban on Certain
Polystyrene Products, Certain Single-Use
Plastic Products, and Other Single-Use
Products;
$ 250 $ 500 $ 1,000
19 Chapter 8.68, Plastic Carryout Shopping
Bags; $ 250 $ 500 $ 1,000
20 Section 9.28.030, Social host liability for
parties at which underage drinking
occurs;
$ 500 $ 1,000 $ 2,500
21 Chapter 10.44, Shared On-Demand
Personal Mobility Devices; $ 250 $ 500 $ 1,000
22 Chapter 5.78, Tobacco Retailers; $ 250 $ 500 $ 1,000 23 Chapter 12.38, Sidewalk Vending; $ 250 $ 500 $ 1,000 24 Chapter 12.36, Trees; $ 250 $ 500 $ 1,000
25 Chapter 5.80, Cannabis Delivery; $ 20,000* $ 20,000* $ 20,000* 26 Title 15, Buildings and Construction; $ 250 $ 500 $ 1,000 27 Chapter 8.24, Noise Control. $ 250 $ 500 $ 1,000
462
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4 5
6 7
8 9
10 11
12 13
14 15
16 17
RESOLUTION NO. 07-6569

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HERMOSA BEACH, CALIFORNIA, PROVIDING FINES FOR

ADMINISTRATIVE CITATIONS

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Section 1.10.050 of the Hermosa Beach Municipal Code provides that, "Any responsible person who receives an Administrative Citation shall be subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by resolution of the City Council"
SECTION 2. The establishment of fines is not subject to environmental review under the California Environmental Quality Act because it is not classified as a project under CEQA Guidelines sec. 15378.

SECTION 3. The City Council hereby adopts and approves the following penalty schedule for administrative citations:

1. 2.

A fine of one hundred dollars ($100.00) for a first violation; A fine of two hundred dollars ($200.00) for a second violation of the same provision 18 of the Code within one year;
19 20
21 22
23 24
25 3. A fine of five hundred dollars ($500.00) for each additional violation of the same provision of the Code within one year.

PASSED, APPROVED and ADOPTED this 9th day of October 2007.

PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 26 ATTEST.
27 28
City Attorney
463

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 07-6569 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on October 9, 2007.

The vote was as follows:

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated:

Bobko, Edgerton, Reviczky, Tucker, Mayor Keegan
None
None
None
October 23, 2007
464
Honorable Mayor and Members of the
Hermosa Beach City Council
August 6, 2007
Regular Meeting of
August 14, 2007
SUBJECT: AMENDMENT TO MUNICIPAL CODE RELATING TO

ADMINISTRATNE CITATIONS FOR CODE VIOLATIONS
Recommendation:

Introduce the attached revised ordinance amending Title 1 of the Municipal Code and other applicable sections in order to provide for the issuance of administrative citations.

Background:

Further review of the draft ordinance previously presented to Council has shown the need for more specificity regarding the applicability of administrative citations for enforcement of different regulations in the Municipal Code. Therefore, the draft has been revised and is attached to this report for Council consideration.

The text amendment has been prepared in response to the need to provide administrative enforcement procedures for violations of the Municipal Code which are deemed minor in nature.

Such violations typically include Building Code, zoning, business license, animal nuisance and other violations which do not constitute immediate threats to public health or safety. The draft amendment is the result of a collaborative effort between planning and code enforcement staff and the City Attorney.

Analysis:

Key Changes:

The following is a description of the amendment's key changes to the Municipal Code:

1. New Chapter 1.10 ("Administrative Citations and Penalties") has been created providing for civil enforcement procedures separate from the criminal misdemeanor and infraction categories referenced above. These new 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. It should be emphasized, however, that this civil enforcement approach still allows the use of infraction or misdemeanor enforcement actions for such offenses where determined necessary by the City.

2. New Chapter 1. 10 provides for administrative citation procedures, the imposition of fines established by City Council resolution, the contents of the citation, method of service, methods of resolving the citation, appeals, and hearing procedures. If the City exhausts the enforcement process without obtaining a correction of the problem, it would still have ·the right to pursue the violation as an infraction or misdemeanor or to file a civil court action. Appeal and hearing procedures are discussed in more detail later in this report. 465

3. The following are the sections and chapters of the Municipal Code to be made subject to the new administrative penalty procedures. They are specifically listed in Chapter 1.10:

1. Chapter 5.04: Business Licenses Generally

2. Chapter 6.04: Animals Generally

3. Chapter 8.04: Health Code Adopted

4. Chapter 8.08: Alarm Systems

5. Chapter 8.12: Garbage Collection and Disposal

6. Chapter 8.24: Noise Control

7. Chapter 8.28: Nuisances

8. Chapter 8.32: Rodent Control

9. Chapter 8.40: Smoking

10. Chapter 8.44: Stormwater And Urban Runoff Pollution Control Regulations

11. Chapter 12.16: Encroachments (streets and sidewalks)

12. Chapter 12.32: Newsracks

13. Section 15.04.140: Pedestrian Protection at Building and Demolition Sites

14. Sections 15.16.070 and 16.16.080: Grease Recovery Systems

15. Title 17: Zoning

4. Other changes to Title 1 include:
1) A new Chapter 1.04 entitled "Violations and Penalties" has been created clearly defining misdemeanors and infractions and specifying the penalties for each. Note that these are "criminal" offense categories. Provision has also been made for reclassifying misdemeanors as infractions when appropriate. 2) The existing penalties for infractions are retained:
a. A fine not exceeding one hundred dollars ($100.00) for a first violation; b. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of the Code within one year;
c. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of the Code within one year.
3) The existing penalties for misdemeanors are retained: "Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment." 4) General provisions from old Chapter 1.04 have been integrated into Chapter 1.01, now entitled "Code Adoption and General Provisions". These include such 'housekeeping' items as the Short Title of the Municipal Code, Severability provisions and Definitions and Rules of Construction. The purpose of these changes is to remove redundancies and put code adoption and housekeeping items in one place. For the same reason, the existing sections in Chapter 1.01 relating to misdemeanors and infractions, have been moved to new Chapter 1.04. 2 466
5) Chapter 1.08 has been renamed from "Citation Procedure" to "General Citations" in order to distinguish these existing general citations, which are imposed in order to ensure a promise to appear in court, from the new administrative citations (in new Chapter 1.10) which provide for civil enforcement procedures and the imposition of fines.

Citation and Hearing Procedures:

A summary of citation and hearing procedures in the ordinance is provided below. Note that appeals are referred directly to a hearing officer appointed by the City Manager, not to the City Council. If an appellant is not satisfied with the hearing officer's decision, he or she may contest the decision in Superior Court.

1. Service of Citation: The enforcement officer attempts to locate and personally serve the responsible person and obtain their signature on the administrative citation. If the enforcement officer is unable to locate the responsible person, the citation may be mailed by certified mail. If the above two methods are unsuccessful, a copy of the citation may be posted on any real property within the city in which the city has knowledge that the responsible party has a legal interest. Finally, if none of the above methods are successful, the citation may be published in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.

2. Satisfaction of Citation: Upon receipt of a citation, the responsible person is required to do one of the following:
1) Pay the fine. Pay the fine to the City within 30 days from the date of the citation.

All fines assessed shall be payable to the Hermosa Beach Finance Department.

Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City; 2) Remedy the Violation. If the violation is of a nature that it can be remedied and is deemed by the enforcement officer to not create an immediate danger to health and safety and was corrected within the time given, no fine shall be imposed; or 3) File an appeal. Appeals shall be filed in accordance with the time limits and other provisions of Section 1.10.080.

3. Appeal of Citation: Any person receiving an administrative citation may contest the citation by requesting an administrative hearing within 30 days of service of the citation.

4. Appeal Hearing Procedure:
1) The City Manager will designate the hearing officer for an administrative citation hearing.
2) A hearing before the hearing officer will be set for a date that is not less than 15 and not more than 60 days from the date that the "request for hearing" is filed. 3) The hearing officer will only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation on the date(s) specified in the citation. 3 467
4) Administrative hearings are informal, and formal rules of evidence. and discovery do not apply. Each party will have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of the code.

5. Hearing Officer's Decision: At the conclusion of the hearing or within 15 days thereafter, the administrative hearing officer shall render a decision per the alternatives specified in the ordinance, ranging from sustaining the citation to making a finding that no violation occurred.

6. Right to Judicial Review: Within 20 days after service of the decision of the hearing officer upon the responsible person, he or she may seek review of the decision by filing a notice of appeal with the Superior Court.

7. Failure to Comply: In the absence of a timely appeal to the Superior Court or if the City prevails in court, failure to comply with an order to abate a continuing violation by the date specified in the order is a misdemeanor offense. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in the Municipal Code or under state law.

Conclusions:

The ordinance amendment will provide for a more efficient and streamlined enforcement procedure for most violations of the Municipal Code than is available under the present provisions. It has proven effective in a number of other cities, such as West Hollywood, Santa Ana and others.

If the ordinance is approved, staff will return with a separate agenda item to establish the fine amounts for administrative penalties.
~=ctor -
Community Development Department
Concur:

Steph .

City~
Attachments:

1. Proposed Code Amendment Ordinance

2. Example of Administrative Citation Form
4 468
ATTACHMENT 1:

CODE AMENDMENT ORDINANCE
469
ORDINANCE NO. __ _

AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE GENERAL

PROVISIONS AND ENFORCEMENT PROCEDURES OF THE MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows:

SECTION 1. An amendment to the Municipal Code has been prepared in response to the need to provide administrative enforcement procedures for violations of the Municipal Code which are deemed minor in nature.

SECTION 2. The code amendment is not subject to environmental review under the California Environmental Quality Act because it is not classified as a project under CEQA Guidelines, Sec. 15378.

SECTION 3. On August 14, 2007, the City Council held a duly-noticed public hearing and considered the proposed code amendment, and the evidence and arguments submitted by the City staff and all interested parties. A notice of time, place and purpose of the public hearing was duly given and testimony was presented to and considered by the City Council at the public hearing.

SECTION 4. The City Council hereby approves the amendment to the Hermosa Beach Municipal Code set out in Exhibits A and B attached hereto and included herein by reference.

SECTION 5. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated in the City of Hermosa Beach in the manner provided by law.

SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of the City of Hermosa Beach, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council as which the same is passed and adopted.

PASSED, APPROVED AND ADOPTED this_ day of September, 2007 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
470
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM:

City Clerk City Attorney
2 471
EXHIBIT A:

AMENDMENT TO TITLE 1 OF MUNICIPAL CODE
472
Title 1
General Provisions
Chapters:

1.01 CODE ADOPTION AND GENERAL PROVISIONS

1.04 VIOLATIONS AND PENALTIES

1.08 GENERAL CITATIONS

1.10 ADMINISTRATIVE CITATIONS AND PENALTIES
Chapter 1.01

CODE ADOPTION AND GENERAL PROVISIONS

1.01. 010 Adoption of the Hermosa Beach Municipal Code.

That certain document entitled "Code of the City of Hermosa Beach, California", (hereinafter the "Code" or "Municipal Code"), a copy of which has been filed and is on file in the office of the City Clerk for public inspection, together with the secondary Codes therein adopted by reference, is hereby adopted by this reference as the comprehensive ordinance Code for the City of Hermosa Beach pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California, and each and all of the provisions, terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to, adopted, incorporated herein and made a part of this ordinance as if fully set forth herein.

1.01. 020 Short title.

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Hermosa Beach Municipal Code", the "HBMC", or the "Municipal Code", and may be so cited.

1.01. 030 Provisions considered as continuations of existing ordinances.

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

1.01. 040 Repeal of certain ordinances and certain ordinances to remain in effect.

All ordinances of the City in force upon the effective date of the Code are hereby repealed except as follows:

A. Ordinances codified by the Code; and
B. Uncodified ordinances comprising or amending the Zoning Map of the City of Hermosa Beach, which are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and
473
C. Uncodified ordinances relating to matters of a special or temporary nature, which ordinances are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and
D. Any uncodified ordinance promising or guaranteeing the payment of money or authorizing the issue of bonds, or any evidence of the City's Indebtedness, or any contract or obligation assumed by the City; and
E. Any ordinance granting any franchise, license or other right conferred by the City on any person or corporation, which franchise, license or other right is in effect as of September 10, 1996; and
F. Any uncodified administrative ordinance of the City Council not in conflict with the provisions of the Code; and
G. Any uncodified ordinance relating to the salaries, benefits, and working conditions of City officers and employees; and
H. Any uncodified ordinance relating to the levy of any tax in effect as of September 1 O, 1996.

1.01. 050 Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. Also, the repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

1.01. 060 Superseded ordinances.

All ordinances codified by the Code are superseded to the extent they conflict with the Code.

1.01. 070 Savings provisions.

The repeal herein of any ordinance of the City of Hermosa Beach shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect for all intents and purposes as if the applicable provisions of the ordinance, or part thereof, so repealed had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, whether civilly or criminally incurred prior to the time when any such ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or affected by such repeal or alteration. Prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance, or part thereof, had not been repealed or altered.

1.01. 080 Severability.

If any section, subsection, sentence, clause, phrase or portion of this Municipal Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The City Council hereby declares that it would have adopted this 2 474
Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

1.01. 090 Definitions and rules of construction.

In the construction of this Code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

City. The words "the City" or "this City" shall be construed as if followed by the words "of Hermosa Beach."
Code. The words "the Code" or "this Code" shall mean the code of the City of Hermosa Beach, California.

Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

Council. Whenever the word "Council" is used in this Code, it shall be construed to mean the City Council of the city of Hermosa Beach.

County. The words "the County" or "this County" shall mean the County of Los Angeles.

Day. A "day" is the period of time between any midnight and the midnight following.

Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

Gender. The masculine gender includes the feminine and neuter.

In the City. The words "in the City" shall mean and include all territory over which the City now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. The word "month" shall mean a calendar month.

Number. The singular number includes the plural, and the plural the singular.

Oath. "Oath" includes an affirmation.

Officers, Departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Hermosa Beach, unless the context clearly indicates otherwise. 3 475
Official Time. Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the City.

Or, And. "Or" may be read "and", and "and" may be read "or" if the sense requires it.

Owner. The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person. "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.
"Personal property" includes every species of property, except real property, as defined in this section.

Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.
"Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The word "property" shall include real and personal property. "Real property" shall include lands, tenements and hereditaments.

Shall, May. "Shall" is mandatory and "may" is permissive.

Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

State. The words "the state" or "this state" shall be construed to mean the state of California.

Tenant or Occupant. The words "tenant" or "occupant", applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.

Tenses. The present tense includes the past and future tenses, and the future includes the present.

Week. A "week" consists of seven consecutive days.

Writing. "Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or 4 476
authorized by this Code, it shall be made in writing in the English language, unless it is expressly provided otherwise.

Year. The word "year" shall mean a calendar year, except where otherwise provided. 5 477

1.04. 010
Chapter 1.04

VIOLATIONS AND PENAL TIES
Violations of Code.

No person shall violate any provisions or fail to comply with any of the requirements of this Code. Violations of this Code are punishable as set forth in this chapter.

1.04. 020 Misdemeanors.

Any person violating any of the provIsIons or failing to comply with any of the requirements of this Code shall be guilty of a misdemeanor unless such violation or failure to comply is expressly stated by this Code to be an infraction or is subject to a civil administrative penalty pursuant to chapter 1.10. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.

1.04. 030 Infractions.

A. Penalties. Any person violating any provIsIon or failing to comply with any mandatory requirement of this Code expressly stated by this Code to be an infraction shall be guilty of an infraction. Except as otherwise provided in this Code, any person convicted of an infraction shall be punishable by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of the Code within one year;

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of the Code within one year.

B. No counsel for infractions at public expense. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, on his or her own recognizance, or on a deposit of bail.

1.04. 040 Reclassification of misdemeanors as infractions.

A violation of any provision of this Code section which is classified as a misdemeanor may be charged as an infraction when:

1. The prosecutor files a complaint charging the offense as an infraction, unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor; or 6 478

2. The court, with the consent of the defendant, determines that the offense is an infraction. In that event, the case shall proceed as if the defendant had been arraigned on an infraction complaint.

1.04. 050 Additional Provisions.

A. Each day a separate offense. Unless otherwise specified, each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.

B. Included offenses. Whenever in the Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact or such act of omission.

C. Violations deemed to be a public nuisance. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of the Code shall be deemed a public nuisance and may be summarily abated as such by the City, and every day such condition continues shall be regarded as a new and separate offense.
7 479

1.08. 010 General Citation.

Chapter 1.08

GENERAL CITATIONS
If any person is arrested for the violation of any provision of this Code and such person is not taken immediately before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court. Such notice may be referred to as a "general citation," and shall contain the name and address of such person, the offense charged, and the time when and place where such person shall appear in court.

1.08. 020 Notices to appear--Time.

The time specified in the notice to appear shall be at least ten days after such arrest.

1.08. 030 Notices to appear--Place.

The place specified in the general citation shall be:

1. The court of the magistrate before whom the person would be taken if the requirement of arresting and taking the person before a magistrate were complied with; or

2. Before an officer authorized by such court to receive deposit or bail.

1.08. 040 Notices to appear--Promise and release.

The arresting officer shall deliver one copy of the general citation to the arrested person. The arrested person, in order to secure release, shall give his written promise to appear in court by signing a duplicate notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release from custody the person arrested.

1.08. 050 Warrants for arrest.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and does not appear or has not posted bail as provided in Section 853.6 of the Penal Code of the State of California, the magistrate shall issue and have delivered for execution a warrant for such person's arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date which such person promised to appear, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

1.08. 060 Violations of promises to appear.

Any person willfully violating his written promise to appear in • court shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. 480

1.08. 070 Arresting officer defined.

For the purpose of this chapter, the term "arresting officer'' means any police officer of the City and any other employee of the City whose duty it is to enforce the provisions of this Code who is authorized by the City Manager to use the general citation procedure established by said sections in the performance of his enforcement duties.
9 481

1.10.010
Chapter 1.10

ADMINISTRATIVE CITATIONS AND PENALTIES
Administrative citations.

Certain provisions of this Code, specifically designated in this chapter, may be enforced through the use of administrative citations and penalties as provided for in this chapter. Use of the provisions of this chapter shall not prevent the use of other methods of enforcement or abatement as provided by this Code, including but not limited to criminal and civil actions.

1.10 .020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. Responsible person: A responsible person is any of the following:

1. A person who causes a Code violation to occur.

2. A person who maintains or allows a Code violation to continue, by his or her action or failure to act.

3. A person whose agent, employee, or independent contractor causes a Code violation by its action or failure to act.

4. A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where a property-related Code violation occurs.

5. A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities on such premises.

For the purposes of this definition, "person" includes a natural person or legal entity and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

B. Legal Interest: Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the County Recorder.

C. Enforcement officer: Any police officer or City employee or agent of the City designated by the director of any City department who has the authority and responsibility to enforce the provisions of this Code as provided for herein.

1.10.030 Administrative citations not a waiver of other remedies.

The procedures established in this chapter may be in addition to any criminal, civil or other legal remedy established by law which may be pursued to address violations of the Municipal Code.

Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this Code.
10 482

1.10. 040 Code violations subject to administrative penalty procedures.

A. The violations described in the Municipal Code titles, chapters and sections listed herein below are subject to the administrative penalty procedures and other provisions of this chapter 1.10:

1. Chapter 5.04: Business Licenses Generally

2. Chapter 6.04: Animals Generally

3. Chapter 8.04: Health Code Adopted

4. Chapter 8.08: Alarm Systems

5. Chapter 8.12: Garbage Collection and Disposal

6. Chapter 8.24: Noise Control

7. Chapter 8.28: Nuisances

8. Chapter 8.32: Rodent Control

9. Chapter 8.40: Smoking

10. Chapter 8.44: Stormwater And Urban Runoff Pollution Control Regulations

11. Chapter 12.16: Encroachments (streets and sidewalks)

12. Chapter 12.32: Newsracks

13. Section 15.04.140: Pedestrian Protection at Building and Demolition Sites

14. Sections 15.16.070 and 16.16.080: Grease Recovery Systems

15. Title 17: Zoning
B. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this Code set forth in paragraph A of this section more than three times within a twelve-month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve-month period. Any person who violates or fails to comply with the sections of this Code set forth in paragraph A of this section and who possesses no photo identification or refuses to identify himself/herself to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor.

1.10. 050 Fines.

A. Any responsible person who receives an Administrative Citation shall be subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by resolution of the City Council. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the City Treasurer. A portion of each penalty shall constitute reimbursement for the City's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City. In the case of violations of the building, plumbing or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so.

B. Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action.

1.10. 060 Contents of citation.
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Each administrative citation shall contain the following information:

1. Date, approximate time, and address or definite description of the location where the violation(s) was observed;

2. The Code sections or conditions violated and a description of the violation(s);

3. The amount of the fine for the violation(s);

4. An explanation of how the fine shall be paid and the time period by which it shall be paid;

5. Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

6. The name and signature of the enforcement officer issuing the citation;

7. If the violation is one which is continuing, an order to correct the violation, the actions needed to correct the violation, and an explanation of the consequences for failing to correct the violation; and

8. The name and address of the responsible person, and a signature line so that the responsible person may acknowledge receipt of the citation.

1.10.070 Service of citation.

The following procedures shall be used in serving administrative citations:

1. Personal service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

2. Service of citation by mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

3. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections 1 or 2 preceding, a copy of the citation may be posted on any real property within the City in which the City has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or

4. By Publication. If the enforcement officer cannot post the citation by any of the preceding methods, the citation may be published in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week

1.10. 080 Satisfaction of administrative citation.

Upon receipt of a citation, the responsible person must do one of the following:
1) Pay the fine. Pay the fine to the City within 30 days from the date of the citation. All fines assessed shall be payable to the Hermosa Beach Finance Department. Payment of a 12 484
fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City. Payment of the fine, in the absence of a timely request for a hearing pursuant to Section 1.10.090, waives the responsible party's right to the administrative hearing and appeal process;
2) Remedy the Violation. If the violation is of a nature that it can be remedied and is deemed by the enforcement officer to not create an immediate danger to health and safety and was corrected within the time given, no fine shall be imposed; or 3) File an appeal. Appeals shall be filed in accordance with the time limits and other provisions of Section 1.10.090.

In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist.

1.10. 090 Appeal of administrative citation.

A. Time to file an appeal. Any responsible person to whom an administrative citation is issued may choose to contest the citation by requesting an administrative hearing within thirty (30) days of service of the citation. In order to request a hearing, the responsible person shall submit in the manner directed on the citation a fully completed request for administrative hearing form along with either a deposit of the full amount of the administrative fine (in cash or by way of a negotiable check) or a notice that an advance deposit hardship waiver request has been filed pursuant to paragraph B of this section 1.10.090. The request for hearing shall be incomplete if it does not include the deposit in the full amount of the fine or the request for a hardship waiver. The deposit will be retained in a non-interest bearing account until the matter is resolved. If a timely and complete request for hearing is not submitted, the citation shall be deemed final, and the fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt.

Commencement of an action to collect the delinquent fine shall not preclude issuance of additional citations to the responsible party should the violation persist.

B. Hardship Waiver. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in paragraph A of this section may file a request for an advance deposit hardship waiver. The request shall be filed with the planning department on an advance deposit hardship waiver application form, available from the department, no later than ten days after service of the administrative citation. The City Manager or his/her designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits to the City Manager or his/her designee a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the City Manager or his/her designee the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. Written proof of financial hardship, at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible person is unable to deposit the penalty. The City Manager or his/her designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be final, and shall be served upon the person requesting the waiver by certified mail postage pre-paid return receipt requested and first class mail. If the 13 485
City Manager or his/her designee determines that the waiver is not warranted, the person shall remit the full amount of the fine as a deposit within ten days of mailing of the decision.

If the full amount of the fine is not deposited within the ten-day period, the request for hearing shall be deemed incomplete and waived, and the citation shall be deemed final. The fine shall be immediately due and owing to the City and may be collected .in any manner allowed by law for collection of a debt.

C. Dismissal of citation. The City Manager may dismiss an administrative citation at any time if it is determined to have been issued in error, in which event any deposit made shall be refunded.

D. Hearing procedure.

1. The Hermosa Beach City Manager shall designate the hearing officer for the administrative citation hearing.

2. After receipt of the "request for hearing" and fine deposit (or, if applicable, approval of a hardship waiver) a hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the "request for hearing" is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing by first class mail at least ten days prior to the date of the hearing. The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than 90 days after receipt of the request for hearing from the responsible person. The responsible person may attend the hearing in person or in lieu of attending may submit written argument and documentation under penalty of perjury prior to the time scheduled for the hearing.

3. Any documentation other than the administrative citation, which the enforcement official has submitted or will submit to the hearing officer, shall be sent to the person requesting the hearing by regular first class mail at least five days before the date on which the hearing is scheduled. The documentation shall also be made available upon request at the time of the hearing

4. If the responsible person fails to attend the hearing or fails to submit arguments in writing, the administrative hearing officer will render a decision based on the documents that have been received and the responsible person will be deemed to have waived his/her right to an administrative hearing. Under those circumstances, the administrative hearing officer may request additional information from either the responsible person or the enforcement official as may be necessary to render a decision. If service of the administrative hearing is made by posting the citation on real property within the City in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the responsible person's failure to attend the scheduled hearing, the responsible person shall be entitled to an administrative hearing.

5. The hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Municipal Code on the date(s) specified in the administrative citation. 14 486

6. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation of the Code. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use a preponderance of evidence as the standard of evidence in deciding the issues.

7. The hearing officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.

E. Hearing officer's decision. At the conclusion of the hearing or within fifteen (15) days thereafter, the administrative hearing officer shall render a decision as follows:

1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the City shall retain the fine deposited by the responsible person.

2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine and penalty schedule, or no fine at all, and impose such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the City shall retain all or a portion of the fine deposited by the responsible person as applicable.

3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the Municipal Code, or that the person cited was not the responsible party. In this event, the City shall refund the deposit, if any, within fifteen (15) days of the decision.

The administrative hearing officer's decision shall be in writing, shall explain the basis for the decision, and shall be served upon the responsible party by first class mail, to the address stated on the request for hearing form. If applicable, the order shall set forth the date by which compliance shall be achieved and the imposed fine paid to the City. The order shall be final on the date of mailing, which shall be deemed the "date of service," and shall notify the responsible person of the right to appeal to the Superior Court, as further described in Section 1.10.100.

F. Collection of unpaid fines. Failure to pay the assessed administrative fine within 15 days or such other time limit set forth in the administrative citation, and/or if the decision of the hearing officer has not been successfully challenged by a timely appeal as provided in section 1.10.100, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 8.28.080 of this Code. Alternatively, the matter may be referred for collection, which includes but is not limited to the filing of a small claims court action.
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1.10.100 Right to judicial review.

Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, he/she may seek review of the decision by filing a notice of appeal with the Superior Court. The responsible person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed final.

1.10.110 Failure to comply with administrative order.

In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order is a misdemeanor offense for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to section 1.10.100, and provided the City prevails thereon, the responsible person shall be guilty of a misdemeanor offense for each day, or any portion thereof, that a continuing violation is maintained or permitted after a court ordered abatement date. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in this Code or under state law. For purposes of this chapter, a "continuing violation" shall mean a single, ongoing condition or activity in violation of the Municipal Code. 16 488
EXHIBITS:

AMENDMENTS TO SELECTED SECTIONS OF THE

MUNICIPAL CODE
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The following Sections of the Hermosa Beach Municipal Code are amended to read as follows:

5.04. 290 Enforcement of chapter. [Business Licenses]
It shall be the duty of the license collector to enforce each and all of the provisions of this title, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the license collector and the city manager. The license collector in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine all places of business in the city to ascertain whether or not the provisions of this title have been complied with.

The license collector, his deputies, all police officers, and inspectors of the fire and building departments are hereby appointed as business license inspectors in addition to their other duties, and shall have and exercise the power to enter any place of business for which license is required by this title and to demand the exhibition of the license for the current year by any person engaged or employed in the transaction of the business and if such person shall then and there fail to exhibit the license, the licensee shall be liable to the penalty provided in this title for a violation of this title. It is made the duty of such officers and inspectors to notify the license collector, in writing, of any person violating any of the provisions of this title. The license collector may, with the prior consent of the city council, deputize a qualified accountant to examine the necessary books and records of any person doing business in the city.

5.04. 340 Violations of business license regulations.

It is a violation of this chapter to knowingly make a false statement in any application for a license or permit or in any report required under this chapter. A violation of this chapter is subject to the administrative penalty provisions of chapter 1.10. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation.

6.04. 110 Violations of animal regulations.

Violations of this chapter are subject to the administrative penalty provisions of chapter 1.10.

8.04. 060 Violations of health and safety regulations.

A. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of the Chapter, Codes, or Regulations hereby adopted. Any person, firm, partnership or corporation violating any provision of the Chapter, Codes or Regulations hereby adopted, or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor unless the violation is classified as an infraction in accordance with the provisions of chapter 1.04. Violations of the provisions of this chapter, whether deemed misdemeanors or infractions, shall be punishable in accordance with the procedures of chapter 1.10. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of the Chapter, Codes or Regulations hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided herein. 18 490
B. Any person, firm, corporation or association violating any of the provisions of Los Angeles County Code, Title 11, Health and Safety, Division 1, Health Code, and Division 2, General • Hazards, as amended and in effect on September 10, 1996, adopted by reference herein or violating any provision of any permit, license or exception granted thereunder or failing to comply with any of the requirements thereof shall be shall be punishable as a misdemeanor or infraction as provided in chapter 1.04. Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person.

8.08. 190 Violations of alarm system regulations.