1 TO:
FROM:
PREPARED BY:
MEETING DATE: October 3, 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 Align the Administrative Citation Appeal Method with the Parking Citation Appeal Method
RECOMMENDATION
After the City Attorney reads the title, introduce on first reading Ordinance No. 858 amending Chapter 5 (Administrative Citations and Penalties) of Title I of the Lomita Municipal Code (LMC) to an amendment to Lomita Municipal Code Title I (General Provisions),Chapter 5 (Administrative Citations and Penalties) to align the administrative citation appeal method with the parking citation appeal method; and Find the action to be exempt from the California Environmental Quality Act.
BACKGROUND
Chapter 5 of Title 1 of the Lomita Municipal Code (LMC) outlines the City’s procedures for administrative citations, payment and appeal, and collection. The number of violations and citations in the last year have increased and, as a result, the number of appeals has increased. 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, including a March 2023 update providing a hardship waiver for appellants. Staff has now prepared an ordinance update (redlined in Attachment 1; draft ordinance in Attachment 2) to improve the process, provide timely resolution, and align appeal procedures with parking enforcement.
The draft ordinance proposes to amend LMC Sec. 1-5.07 to allow for the submission of administrative citation appeals online. Citation Processing Center allows for a quick and simple appeal process and handles the clerical aspect of the appeal. As with any parking Mayor and City Council Item No. PH 9b
Brianna Rindge, Community & Economic Development Director Janpier Adamzadeh, Management Assistant
CITY OF LOMITA
CITY COUNCIL REPORT
2 enforcement appeal, appellants will have the opportunity to submit an appeal online using a computer at City Hall.
The draft ordinance includes a few other non-substantial updates 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 October 17, 2023.
2. Introduce the ordinance with amendments on first reading and schedule the second reading for October 17, 2023.
3. Provide further direction.
ATTACHMENT
1. Redlined code
2. 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 Attachment 1
Sec. 1-5.07. Administrative review and hearing.
(a) Initial administrative review—Request. The responsible person may request an initial administrative review of the citation within fifteen (15) days of its issuance by submitting an online request as directed on the issued citation. request to the city clerk, or his or her designee. This request must be made in writing and set forth with particularity the reasons the responsible person believes a violation did not occur or that the responsible person was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing. (b) Initial administrative review—Procedure. The city clerk, or his or her designee, shall forward Tthe initial administrative review request shall be forwarded to the department director supervising the enforcement officer who issued the administrative citation for review.
(c) Initial administrative review—Decision.
(1) Within fifteen (15) days upon receiving the request, the department director shall review the request and provide the city clerk, or his or her designee, with written notification that:
a. The citation should be vacated because there was no violation, or the responsible person was not responsible for the violation, and setting forth the basis for that conclusion; or
b. There is no justification found for vacating the citation; or. c. a reduction in fine amount for a violation justified by meaningful progress per department director supervising the enforcement officer who issued the administrative citation for review.
(2) The city clerk, or his or her designee, shall mail Aa copy of the decisionshall be mailed to the responsible person at the address on the request for initial administrative review along with a notice establishing the fine due date and the procedure for requesting an administrative hearing.
(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 clerkonline as directed by the issued citation 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 [the] 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.
(e) Notification of hearing. Upon receipt of the payment of the administrative fine and request for a hearing, the city shall give notice to the responsible person of the time, date, and location of the hearing. The hearing shall be held not less than fifteen (15) days nor more than sixty (60) days after the receipt of the request. Any documentation, other than the administrative citation, that the enforcement official has submitted or will submit to the hearing officer shall be sent to the responsible person by regular first class mail at least five (5) days before the date on which the hearing is scheduled. The documentation shall be made available upon request at the time of the hearing.
(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. The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias. (g) Evidentiary rules. The city bears the burden of proving a violation of the Code by a preponderance of the evidence. The administrative citation and any additional reports submitted by the enforcement official constitutes prima facie evidence of the respective facts contained in those documents. Both the responsible person and the enforcement officer have the opportunity to testify, cross-examine witnesses and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence.
Formal rules of evidence do not apply, but all evidence presented must be relevant and material to the issues of whether the violation alleged in the citation occurred or whether the responsible person was responsible for the violation. (h) Waiver of personal appearance at hearing. In lieu of personally appearing at an administrative hearing, the responsible person may request that the hearing officer decide the matter based upon the citation itself and written argument and any documentary evidence signed under penalty of perjury submitted prior to the time of the scheduled hearing by the responsible person.
(i) Failure to appear at hearing. Failure of a responsible person to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer may then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.
(j) Attendance of enforcement officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing.
If the enforcement officer does not attend, the enforcement officer may before the hearing date submit reports, photos, or other documentation regarding the violation to the hearing officer for consideration at the hearing. (k) Continuation of hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or responsible person before issuing a written decision.
(l) Decision of hearing officer. Based upon the evidence presented, the hearing officer shall provide a written decision to the parties within fifteen (15) days of the hearing with one of the following determinations:
(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 can retain the fine deposited by the responsible person.
(2) Determine that the violation for which the citation was issued occurred, but that the responsible person 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 can 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 this Code, or that the person cited was not the responsible person. In this event, the city shall refund the deposit, if any, within fifteen (15) days of the decision. A finding by the hearing officer that no violation occurred constitutes a dismissal of the administrative citation at issue, but does not have any effect on any other administrative citations issued or any other action taken by the city. (m) The administrative hearing officer's decision must explain the basis for the decision and be served upon the responsible person by first class mail to the address stated on the request for hearing form. If applicable, the order must set forth the date by which compliance must be achieved and the imposed fine paid to the city. The order is final on the date of mailing, which is deemed the "date of service," and must notify the responsible person of the right to appeal to the Superior Court, as further described in section 1-5.08. There is no right to an appeal other than as provided in section 1-5.08. The administrative hearing officer's decision shall be the final administrative order and decision pursuant to Government Code § 53069.4(b). (Ord. No. 769, § 1, 6-2-14; Ord. No. 846 , § 3(C, D), 3-21-23) ORDINANCE NO. 858
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 THE ADMINISTRATIVE CITATION
APPEAL METHOD WITH THE PARKING CITATION APPEAL METHOD
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; WHEREAS, 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 appeals 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. 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:
Attachment No. 2
“Sec. 1-5.07. Administrative review and hearing.
(a) Initial administrative review—Request. The responsible person may request an initial administrative review of the citation within fifteen (15) days of its issuance by submitting an online request as directed on the issued citation. This request must be made in writing and set forth with particularity the reasons the responsible person believes a violation did not occur or that the responsible person was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing.
(b) Initial administrative review—Procedure. The initial administrative review request shall be forwarded to the department director supervising the enforcement officer who issued the administrative citation for review.
(c) Initial administrative review—Decision.
(1) Within fifteen (15) days upon receiving the request, the department director shall review the request and provide the city clerk, or his or her designee, with written notification that:
a. The citation should be vacated because there was no violation, or the responsible person was not responsible for the violation, and setting forth the basis for that conclusion; or
b. There is no justification found for vacating the citation; or c. a reduction in fine amount for a violation justified by meaningful progress per department director supervising the enforcement officer who issued the administrative citation for review.
(2) A copy of the decision shall be mailed to the responsible person at the address on the request for initial administrative review along with a notice establishing the fine due date and the procedure for requesting an administrative hearing. (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 online as directed by the issued citation 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 [the] 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.
(e) Notification of hearing. Upon receipt of the payment of the administrative fine and request for a hearing, the city shall give notice to the responsible person of the time, date, and location of the hearing. The hearing shall be held not less than fifteen (15) days nor more than sixty (60) days after the receipt of the request. Any documentation, other than the administrative citation, that the enforcement official has submitted or will submit to the hearing officer shall be sent to the responsible person by regular first class mail at least five (5) days before the date on which the hearing is scheduled. The documentation shall be made available upon request at the time of the hearing.
(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. The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias. (g) Evidentiary rules. The city bears the burden of proving a violation of the Code by a preponderance of the evidence. The administrative citation and any additional reports submitted by the enforcement official constitutes prima facie evidence of the respective facts contained in those documents. Both the responsible person and the enforcement officer have the opportunity to testify, cross-examine witnesses and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence.
Formal rules of evidence do not apply, but all evidence presented must be relevant and material to the issues of whether the violation alleged in the citation occurred or whether the responsible person was responsible for the violation. (h) Waiver of personal appearance at hearing. In lieu of personally appearing at an administrative hearing, the responsible person may request that the hearing officer decide the matter based upon the citation itself and written argument and any documentary evidence signed under penalty of perjury submitted prior to the time of the scheduled hearing by the responsible person.
(i) Failure to appear at hearing. Failure of a responsible person to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer may then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.
(j) Attendance of enforcement officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing.
If the enforcement officer does not attend, the enforcement officer may before the hearing date submit reports, photos, or other documentation regarding the violation to the hearing officer for consideration at the hearing. (k) Continuation of hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or responsible person before issuing a written decision.
(l) Decision of hearing officer. Based upon the evidence presented, the hearing officer shall provide a written decision to the parties within fifteen (15) days of the hearing with one of the following determinations:
(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 can retain the fine deposited by the responsible person.
(2) Determine that the violation for which the citation was issued occurred, but that the responsible person 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 can 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 this Code, or that the person cited was not the responsible person. In this event, the city shall refund the deposit, if any, within fifteen (15) days of the decision. A finding by the hearing officer that no violation occurred constitutes a dismissal of the administrative citation at issue, but does not have any effect on any other administrative citations issued or any other action taken by the city. (m) The administrative hearing officer's decision must explain the basis for the decision and be served upon the responsible person by first class mail to the address stated on the request for hearing form. If applicable, the order must set forth the date by which compliance must be achieved and the imposed fine paid to the city. The order is final on the date of mailing, which is deemed the "date of service," and must notify the responsible person of the right to appeal to the Superior Court, as further described in section 1-5.08. There is no right to an appeal other than as provided in section 1-5.08. The administrative hearing officer's decision shall be the final administrative order and decision pursuant to Government Code § 53069.4(b).” 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 ____ day of _________ , 2023. ____________________________
Barry Waite
Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC
City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin
City Attorney