1 TO: Mayor and City Council
FROM: Brianna Rindge, Community & Economic Development Director PREPARED BY: Janpier Adamzadeh, Management Assistant
MEETING DATE: March 7, 2023
SUBJECT: Discussion and Consideration of an Ordinance to Amend Chapter 5 (Administrative Citations and Penalties) of Title I of the Lomita Municipal Code to Alter the Provisions and Procedures Related to Administrative Citations
RECOMMENDATION
After the City Attorney reads the title, introduce on first reading Ordinance No. 846 amending Chapter 5 (Administrative Citations and Penalties) of Title I of the Lomita Municipal Code (LMC) to alter the procedures involved in the administrative citation provisions of the LMC and finding such action exempt from the California Environmental Quality Act, and direct staff to schedule second reading and adoption of the ordinance.
BACKGROUND
In November of 2022, City Council authorized Data Ticket to provide code enforcement collection services alongside parking enforcement. Throughout the implementation process, staff has updated procedures and policies to align with those recommended by Data Ticket to improve collection and compliance. Staff prepared a draft ordinance (Attachment 1) to improve the process, avoid enforcement challenges, and ensure compliance with State law.
Chapter 5 of Title 1 outlines the administrative citation procedure, payment and appeal procedures, and collection procedures. Section 1-5.09 of the Lomita Municipal Code was adopted in 2014 allowing the City the ability to place liens on properties for failing to resolve outstanding violations subject to abatements. Such liens are no longer allowed so the draft ordinance removes this provision.
The draft ordinance proposes to amend Section 1-5.07 of the Lomita Municipal Code to offer a hardship waiver for appellants. Offering a waiver not only provides safeguards for low-income individuals, but also avoids the situation where a person is granted leave from Item No. PH 9b
CITY OF LOMITA
CITY COUNCIL REPORT
2 a court to challenge a citation directly in court due to an alleged inability to deposit a fine in advance of an appeal hearing. The number of violations and citations in the last year have increased and, as a result, the number of unpaid citations has also increased.
The proposed ordinance includes other nonsubstantial provisions to streamline and improve the administrative citation process and procedures.
FISCAL IMPACT
No impact.
OPTIONS
1. Introduce the ordinance on first reading and schedule the second reading for March 21, 2023.
2. Introduce the ordinance with amendments on first reading and schedule the second reading for March 21, 2023.
3. Provide further direction.
ATTACHMENT
1. Draft ordinance
Reviewed by: Approved by:
_________________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
_________________________ _____________________
Brianna Rindge, AICP Janpier Adamzadeh
Community & Economic Development Director Management Assistant ORDINANCE NO. 846
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, AMENDING CHAPTER 5 OF TITLE I OF THE LOMITA
MUNICIPAL CODE TO ALIGN WITH NEW REGULATIONS IN
ENFORCING ADMINISTRATIVE CITATIONS TO ACHIEVE
COMPLIANCE AND FINDING THE SAME EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Section 1. Recitals
WHEREAS, in November of 2022, the City Council authorized Data Ticket to provide code enforcement collection services alongside parking enforcement; throughout the implementation process, staff has updated procedures and policies to align with those recommended by Data Ticket to improve collection and compliance; WHEREAS, the proposed ordinance is intended to streamline and improve the administrative citation process and procedures;
WHEREAS, the City Council desires to amend the Lomita Municipal Code as described below.
Section 2. Findings
The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3) and 15378(b)(5). The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines. The ordinance updates the City’s ability to enforce code violations within the administrative citation procedure to align with new code enforcement procedures.
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
Section 3. Code Amendment
Based on the foregoing, the City Council hereby approves of the following amendments to the Lomita Municipal Code:
A. Subsection (a)(2) of Section 1-5.04 (“Administrative citation”) of Chapter 5 (“Administrative Citations and Penalties”) of Title I of the Lomita Municipal Code is hereby amended in its entirety as follows:
Attachment No. 1
"(a)(2) Service of citation by mail. If the enforcement officer is unable to immediately issue the citation locate directly to the responsible person or issue the citation, 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.” B. Section 1-5.05 (“Satisfaction of administrative citation”) of Chapter 5 (“Administrative Citations and Penalties”) of Title I of the Lomita Municipal Code is hereby amended in its entirety as follows:
“Section 1-5.05. - Satisfaction of administrative citation.
Upon receipt of an administrative citation, the responsible person must do one of the following:
(a) Pay the fine. Any responsible person is subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by city council resolution. An administrative penalty may be assessed by means of an administrative citation issued by an enforcement officer, and is payable directly to the city's finance director, or his or her designee. A portion of each penalty constitutes reimbursement for the city's administrative expenses in issuing and processing the citation. Penalties must be collected in accordance with the procedures specified in this chapter. Payment of a penalty does not excuse the failure to correct the violation nor does it bar further enforcement action by the city. In the case of violations of the building, plumbing or electrical codes, or Title 10 of this Code, an administrative citation cannot be issued until after the responsible person is provided notice and a reasonable opportunity to correct the violation, and failed to do so.
(1) Payment of administrative fines. An administrative citation fine must be paid to the city within thirty (30) days from the date of the administrative citation fine or, if a request for an initial administrative review is submitted and the review is upheld, then within fifteen (15) days after the date of the notice of the the fine must be paid within 15 days after the conclusion of that initial administrative review, whichever is later.
(2) Delinquency penalty. Any responsible person who fails to pay to the city the amount of any fine imposed pursuant to the provisions of this section, is liable for the payment of an additional delinquency penalty.
The delinquency penalty is equal to one hundred (100) percent of the amount due to the city not to exceed one hundred dollars ($100.00), or if a portion of the fine amount was timely paid one hundred (100) percent of the amount of the fine remaining unpaid to the city not to exceed one hundred dollars ($100.00).
(3) Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which may include, without limitation, the filing of a small claims court action. (b) Remedy the violation within the time given. If the violation is of a continuing nature that it can be remedied and is deemed by the enforcement officer not to create an immediate danger to health and safety and was corrected within the time specified by the City given, no fine shall be imposed; or
(c) File an administrative review. An administrative review shall be filed in accordance with the time limits and other provisions of section 1-5.07. In the event the responsible person 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 person should the violations persist.”
C. Subsection (d) of Section 1-5.07 (“Administrative review and hearing”) of Chapter 5 (“Administrative Citations and Penalties”) of Title I of the Lomita Municipal Code is hereby amended as follows:
“(d) Request for hearing. If the responsible person wishes to contest the conclusion of the initial administrative review, the responsible person shall request an administrative hearing within fifteen (15) days after the date the city served the responsible person with notice of the initial administrative review decision.
Requests must be submitted to the city clerk and be accompanied by an advance deposit of the fine.
(1) Hardship Waiver. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the fine amount may file a request for an advance deposit hardship waiver. The request shall be filed with city clerk on an advance deposit hardship waiver application form, available from the City, no later than ten (10) days after service of the administrative citation. The city manager or his or her designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits to the city manager or his or her designee a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager or his or 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 fine.
The city manager or his or 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 in person, by first class mail, or similar method of delivery. If the city manager or his or her designee determines that the waiver is not warranted, the person shall remit the full amount of the fine as a deposit within ten (10) days of mailing/sending of the decision. If the full amount of the fine is not deposited within the ten (10) 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.” D. Subsection (f) of Section 1-5.07 (“Administrative review and hearing”) of Chapter 5 (“Administrative Citations and Penalties”) of Title I of the Lomita Municipal Code is hereby amended in its entirety as follows:
“(f) Selection of hearing officer. The city manager may designate the hearing officer for the administrative citation hearing by appointment, contract, or through an administrative citation processing service. or contract. The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias.”
E. Section 1-5.09 (“Collections and lien procedures”) of Chapter 5 (“Administrative Citations and Penalties”) of Title I of the Lomita Municipal Code is hereby amended in its entirety as follows:
“Section 1-5.09 – Collection.
Recovery of administrative citation fines and costs. In addition to any other legal remedy, the City may pursue collection of delinquent citations, including penalties and interest, by all legal means including, but not limited to, initiation of a collection action with the Superior Court or sending the amount to other collection services the city may place a lien on property owned by the responsible person in an amount equal to the sum of the fines delinquent for more than ninety (90) days, plus penalties and interest.
Imposition of a lien must stem from a citation for the condition or use of real property, or its improvements that is owned by the responsible person.” Section 4. Effective Date.
This ordinance shall take effect thirty (30) days after the date of its passage and adoption; and within fifteen (15) days after its passage and adoption, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this 21st day of March 2023. ____________________________
Barry Waite
Mayor
ATTEST:
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Kathleen Horn Gregory, MMC
City Clerk
APPROVED AS TO FORM:
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Trevor Rusin
City Attorney