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AGENDA ITEM NO. 14.
CITY OF HAWTHORNE City Council AGENDA BILL For the meeting of 03/11/2025 Originating Department: City Attorney |
City Manager:
Department Head:
SUBJECT:
ORDINANCE NO. 2255 (SECOND READING) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA AMENDING SECTION 12.31.010 (DEPOSIT OF BULKY WASTE ON SIDEWALKS, STREETS OR PUBLIC RIGHT-OF-WAY) OF CHAPTER 12.31 (BULKY WASTE ON SIDEWALKS OR STREETS) TO TITLE 12 (STREETS AND SIDEWALKS) OF THE HAWTHORNE MUNICIPAL CODE AND MAKING A FINDING OF EXEMPTION IN COMPLIANCE WITH CEQA IN CONNECTION THEREWITH.
RECOMMENDED MOTION:
Introduce Ordinance No. 2255 on February 25, 2025, and Adopt Ordinance No. 2255 on March 11, 2025.
DISCUSSION:
In response to residents who have complained about numerous incidents of contractors dumping construction waste on the City's public streets and alleys near residential areas, the City Council directed the City Attorney to amend the ordinance and maximize the penalties as authorized by state law. The act of maximizing the penalties is consistent with Hawthorne Municipal Code (H.M.C.) section 1.20.030, which enables the City Attorney to exercise his or her discretion and deem any violation of the City's Municipal Code a misdemeanor or, in the alternative, pursue a civil administrative action. This amendment to section 12.31.010 adds subsection D, which expressly adds the maximum punishment under state law.
At the February 25, 2025, City Council meeting, the City Council further asked the City Attorney to look into how other cities, such as Torrance, Recondo Beach, Manhattan Beach, and the City of Palos Verdes enforce bulky trash violations. Generally, all of these cities first attempt to informally resolve the concern with the offending party on a voluntary basis or perhaps with a warning. If this does not obtain the desired result, these cities then utilize progressive administrative fines to attempt to obtain compliance. Finally, as a last resort, if the administrative fines have not been paid or have caused the offending party to come into compliance, these same cities will typically issue misdemeanor criminal citations, which have a maximum penalty of $1,000 dollars or 6 months in county jail.
CEQA: The City Council hereby finds that the adoption of this Ordinance is not a "project" under the California Environmental Quality Act because the Ordinance does not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15373(b)(4).
At the February 25, 2025, City Council meeting, the City Council further asked the City Attorney to look into how other cities, such as Torrance, Recondo Beach, Manhattan Beach, and the City of Palos Verdes enforce bulky trash violations. Generally, all of these cities first attempt to informally resolve the concern with the offending party on a voluntary basis or perhaps with a warning. If this does not obtain the desired result, these cities then utilize progressive administrative fines to attempt to obtain compliance. Finally, as a last resort, if the administrative fines have not been paid or have caused the offending party to come into compliance, these same cities will typically issue misdemeanor criminal citations, which have a maximum penalty of $1,000 dollars or 6 months in county jail.
CEQA: The City Council hereby finds that the adoption of this Ordinance is not a "project" under the California Environmental Quality Act because the Ordinance does not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15373(b)(4).
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
Not applicabe.
FISCAL IMPACT:
None.
NOTICING PROCEDURE:
72 hours posted notice pursuant to the Ralph M. Brown Act.