TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Marisa Lundstedt, Community Development Director
Quinn M. Barrow, City Attorney
SUBJECT:Title
Administration Citation Ordinance, Construction Rules Ordinance and Neighborhood Bill of Rights (Community Development Director Lundstedt).
INTRODUCE ORDINANCE NO 16-0018, AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE CITATION PROCESS AND PROVIDE DIRECTION REGARDING ROUGH DRAFT ORDINANCE CODIFYING CONSTRUCTION RULES
Line
_________________________________________________________
Recommended Action
RECOMMENDATION:
Staff recommends that the Council introduce Ordinance No. 16-0018, An Ordinance Establishing an Administrative Citation Process.
Staff recommends that the Council provide direction regarding Ordinance No. 16-001-, An Ordinance Codifying Construction Rules.
Body
FISCAL IMPLICATIONS:
Implementing an administrative citation ordinance as an alternative method in addressing code compliance will reduce the costs associated with criminal prosecution of code violations. There may be increased costs associated with appeals before a hearing officer.
BACKGROUND:
The City Council has directed staff to explore alternative methods to achieve compliance with Code requirements and to mitigate the negative impacts associated with construction activity.
As authorized by Government Code Section 53069.4, cities may adopt administrative citation ordinances which can be used as an alternative way to achieve compliance with the Municipal Code by making any violation subject to an administrative fine or penalty. The City is required to set forth “the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties.” Staff recommends adopting an administrative citation ordinance to provide an additional compliance mechanism within the City’s Municipal Code.
Currently, the City’s noise ordinance contains a number of provisions intended to address the noise impacts of construction. Since the time those noise impacts were codified, the City has adopted a number of additional rules to mitigate other negative aspects of construction activity. Staff recommends that the Municipal Code be amended to create a new chapter specifically addressing construction. The new chapter would include the existing noise related regulations, and codify the newer rules addressing additional impacts from construction activity.
DISCUSSION:
This staff report includes a discussion of the proposed administrative citation ordinance, an overview of a rough draft construction rules ordinance and a summary of the Neighborhood Bill of Rights, as follows:
A. Administrative Citation Ordinance. The proposed administrative citation ordinance would permit the City to charge an administrative penalty to any party responsible for committing a violation of the City’s Municipal Code. The amount of the administrative penalty associated with the issued administrative citation will be based on a schedule of fines adopted by the City Council. Fines will accrue until the Municipal Code violation is properly abated, and any person who fails to pay an administrative fine within 20 days from the date the administrative citation is received will also be subject to late payment charges. When the Municipal Code violation pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, the City’s Code Enforcement Officers must provide the responsible party with a compliance order to remedy the violation prior to the issuance of an administrative citation and accompanying administrative penalty. Any recipient of an administrative citation has the opportunity to appeal the citation by filing an appeal to be heard before a Hearing Officer. The Hearing Officer shall determine whether the administrative citation should be upheld or canceled. Any recipient of an administrative citation may seek review of the Hearing Officer’s decision in Los Angeles County Superior Court.
B. Construction Rules Ordinance. In order to receive public input and Council direction, we have prepared a rough draft of a construction rules ordinance. The draft construction rules ordinance would codify the existing construction rules by establishing a new Chapter 9.44. In addition, it moves existing code provisions relating to construction noise to that new Chapter. The Chapter sets forth general conditions and restrictions for all construction and construction related activities occurring within the City. This includes the hours and days during which construction is not permitted, subject to several exceptions. The proposed ordinance also codifies existing requirements for Construction Management and Parking Plans for Residential Areas III and IV (sand section), and when right-of-way permits are required for deliveries and lane closures in the City. Staff welcomes Council direction on the rough draft, and will also solicit input from local contractors and developers.
C. Neighborhood Bill of Rights. In the early 1990’s, a “Neighborhood Bill of Rights” was drafted to address construction impacts on neighbors. The proposed construction rules ordinance together with current building practices address the majority of the provisions of the Bill of Rights, with the exception of the following:
• There be no more than two active construction sites within one block area (Declaration of Rights - Item 1)
• Building plans shall be reviewed in accord with strict guidelines that minimize obstruction of views and flow of ocean breezes to the existing homes - those very elements that define Manhattan Beach as a “small beach town.” (Declaration of Rights - Item 3)
• It will be the responsibility of the contractor representative to document pre-construction condition of neighboring houses and related structures in a form mutually agreeable to both parties. (Declaration of Rights - Item 6)
• Contractor must have a designated representative onsite to assure that worker’s vehicles are not parked in the immediate construction area on a regular basis. (Declaration of Rights - Item 9)
• That City certified architects photos of finished project be posted at the proposed site for at least 1 month prior to granting of the permit to allow for resident input regarding compatibility with the neighborhood and community. (Declaration of Rights - Item 11)
Inclusion of these concepts in the constructions rules ordinance may require further discussion.
ENVIRONMENTAL REVIEW
The proposed administrative citation ordinance is not a “Project” within the meaning of CEQA, because there is no potential for resulting physical change in the environment, directly or indirectly. Further, it can be seen with certainty that there is no possibility that the adoption of this ordinance, and the prohibition established hereby, may have a significant effect on the environment, because the ordinance will, at most, only impose greater limitations on activities in the City, and will thereby serve to eliminate potentially adverse environmental impacts. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations.
PUBLIC OUTREACH/INTEREST
Once City Council provides input into the construction rules, staff will solicit input from local contractors and developers.
LEGAL REVIEW
The City Attorney has approved as to form the draft administrative citation ordinance.
Attachments:
1. Administrative Citation Ordinance
2. Rough Draft Construction Rules Ordinance
3. Neighborhood Bill of Rights