Council Adopts Fines Schedule for When Malibuites Misbehave
• Added Enforcement Efforts Planned
Use a plastic bag and get hit with a fine? Well, maybe. It is technically possible, since the Malibu City Council recently adopted an ordinance establishing a penalty schedule for administrative citations.
The fines would range from $100 for first time violations, $200 for a second violation of the same law within one year, or a $500 fine for each additional violation of the same ordinance within one year.
Last summer, council members adopted an ordinance that established administrative citation procedures. The staff was then directed to bring back a proposed penalty schedule for the citations. The government code allows a local agency to enact an ordinance making any violation of any law enacted by the agency subject to an administrative fine.
The proposed law is primarily aimed at zoning and building code violations as a means to beef up the code enforcement officer’s ability to seek compliance fromindividuals with violations.
However, what the city refers to as “the administrative penalty procedures,” can also apply to a wide array of city ordinances, including the ban on plastic shopping bags, health code violations, noise, and the ban on expanded polystyrene food packaging.
The municipality’s ordinance measure, soon to be enacted, also sets out a hearing procedure with the right of judicial review with the decision of the hearing officer appealable within the court system.
Indicating the city plans to maintain a get-tough attitude, those who are cited, don’t win their appeal and still refuse to pay the fine may be subject to a lien procedure.
A dozen cities, including Agoura Hills, Westlake, Calabasas and Thousand Oaks use the same fine schedule.