Hawaiian Gardens Municipal Code Ch. 1.12 Enforcement of Codes

A. The City Council finds that there is a need for alternative methods to enforce code violations that detract from the appearance of the community and create blighted conditions potentially affecting the social, physical, environmental and economic conditions of the City.

B. The City Council desires to provide for orderly and productive growth by protecting the health, safety and welfare of the citizens of the City.

C. The City Council strives to protect the property values and interest in the community by abating deteriorating conditions and removing blight.

D. The City Council promotes economic growth by committing to promote a community that is safe, sanitary, and a desirable place to work and live.

E. The City Council finds and determines that the enforcement of the Hawaiian Gardens Municipal Code, other ordinances adopted by the City, and conditions of approval of land use entitlements are matters of local concern and shall be addressed in a manner that is fair and consistent with the Hawaiian Gardens Zoning Ordinance and General Plan.

F. The City Council finds that the procedures established in this chapter shall be in addition to criminal, civil, or any other legal remedies established by law to address violations of the Municipal Code or other applicable County or State code and laws. This chapter shall not prevent the concurrent or consecutive use of these legal remedies to achieve compliance.

The adoption of this Code nor the repeal or amendment by this Code or any ordinance or any part of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the adoption of this Code nor to be construed as a waiver of any license, fee, permit or penalty. The manner and timing of enforcement and implementation of this Code shall be within the duties of the enforcement officer.

The implementation of this Code shall not be construed to hold the City or any officer or employee of the City responsible for any damage to persons or property by reason of a failure to enforce, implement or execute any of the provisions of this Code. No officer or employee shall be deemed an aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance.

(Ord. 449 § 3, 1999)

Enforcement officer means any officer or employee of the City, with the authority to enforce the Hawaiian Gardens Municipal Code, or applicable Los Angeles County or State of California codes and laws, as identified in Section 1.12.050(C).

Responsible person means any individual who is in violation of the Hawaiian Gardens Municipal Code, or any individual who is the owner of or occupant of real property or owner or authorized agent of any business, company, or entity or parents or the legal guardian of any person under the age of 18 years of age, who causes or maintains a violation of the Hawaiian Gardens Municipal Code, or applicable County or State codes or laws.

(Ord. 449 § 3, 1999)

A. Any responsible person violating any provision of the City of Hawaiian Gardens Municipal Code or applicable Los Angeles County or State of California code, may be issued a citation by an enforcement officer as provided for in this chapter. A violation of this Code includes, but is not limited to, all violations of the City of Hawaiian Gardens Municipal Code, uniform codes adopted by the City, County of Los Angeles codes adopted by the City, or State of California codes and laws. Also any failure to comply with any condition imposed by any land use entitlement, permit, agreement, or an environmental document issued or approved under the provisions of this Code is subject to citation by an enforcement officer.

B. Each and every day a violation of the Municipal Code or applicable County or State code exists constitutes a separate and distinct offense.

(Ord. 449 § 3, 1999)

The City Council shall by resolution adopt a bail schedule for violations of the City of Hawaiian Gardens Municipal Code. From time to time the City Council may amend the bail schedule, by resolution.

(Ord. 449 § 3, 1999)

A. Pursuant to the provisions of Section 836.5 of the California Penal Code, or any amendment thereof, enforcement officers of the City shall be authorized to exercise the powers of arrest and issuance of citations. The use of this chapter shall be at the sole discretion of the enforcement officer, provided he/she has reasonable cause, pursuant to the California Penal Code.

B. The enforcement officers shall issue citations and/or exercise the powers of arrest only as to those responsible persons, firms, or corporations found to be violating a provision of the City of Hawaiian Gardens Municipal Code, uniform codes adopted by the City, County of Los Angeles codes adopted by the City, or State of California codes and laws which the officer or employee has a duty to enforce, and which violation (misdemeanors) occurs in the presence of the enforcement officer.

C. The following classifications of officers and employees of the City are authorized to issue citations and exercise the powers of arrest pursuant to Penal Code Section 836.5, provided that the employee has completed an introductory course of training prescribed by the Commission on Peace Officer Standards Training pursuant to Penal Code Section 832:

1. City Administrator;

2. Director of Planning and Community Development;

3. Associate planner;

4. Code enforcement officer;

5. Community relations officer;

6. Public safety officer;

7. Administrative technician;

8. Planning technician;

9. Building Inspector;

10. Health Inspector;

11. Fire Inspector;

12. Peace officer;

13. Senior community relations officer;

14. Parking enforcement officer.

D. Nothing in this section authorizes any employee in the City to carry a firearm (other than pepper spray) or to physically arrest a responsible person. An employee of the City needing assistance to execute an arrest shall be aided by the Los Angeles County Sheriff's Department or other police agency.

(Ord. 583 § 1, 2019; Ord. 449 § 3, 1999; Ord. No. 2026-624, § 2, 2-11-2026)

A. When any responsible person is arrested in the City for violating any provision or failing to comply with any of the requirements of the Municipal Code or any other ordinances of the City, and such responsible person is not immediately taken before a magistrate as provided for in the Penal Code of the State, the arresting officer or employee may prepare in duplicate a written notice to appear in court, which notice shall contain the name and address of such responsible person to whom the notice is issued, the offense charged against him/her, time and place the offense occurred, and the time and place where and when such responsible person shall appear in court. The time specified in the notice to appear shall be at least ten days after such arrest. Such written notice shall be presented to the arrested person and request shall be made for a written promise to appear at such time and place.

B. Any responsible person who willfully violates his/her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he/she was originally arrested.

C. When a responsible person signs a written promise to appear at the time and place specified therein, and has not posted bail as provided for in the California Penal Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within 20 days after the responsible person has failed to appear as promised, or if the responsible person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date with which he/she promised to appear, then within 20 days after the delivery of the written promise to appear by the officer to the magistrate having jurisdiction over the offense, the magistrate shall issue and have delivered for execution, a warrant for his/her arrest. When the responsible person violates his/her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged on the written promise to appear and the complaint, if any, filed by the arresting officer or employee.

D. When the preparation and delivery of a written notice to appear is impractical, the written notice may be mailed, by registered mail, to the last known owner of the property or business. Simultaneously the written notice to appear may be sent by first class mail. If the written notice is sent by registered mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the notice to appear sent by first class mail is not returned. All informational requirements found in subsection A. of this section shall remain the same. The time specified in the notice to appear shall be at least ten days after such written notice is expected to be delivered to the responsible person.

(Ord. 449 § 3, 1999)

A. No person shall violate any provision or fail to comply with any requirement, obligation, or condition of this Code or land use entitlement, or any duly-adopted or uncodified ordinance, or of any permit, license, approval or land use entitlement granted or issued pursuant to the Code or an ordinance (collectively hereafter the "Code") Such violations are punishable as follows:

1. Misdemeanor. A responsible person violating or failing to comply with the Code shall be guilty of a misdemeanor unless such violation or failure to comply is expressly designated in this Code as an infraction. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine as identified in the City bail schedule, not to exceed $1,000.00, or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this Code is committed, continued or permitted by such person, and shall be punished accordingly.

2. Infraction. A responsible person violating or failing to comply with the Code, which offense is expressly designated therein as an infraction, shall be guilty of an infraction. Except as otherwise provided in this Code, any person convicted of an infraction shall be punishable by a fine of: (1) $100.00 for the first violation; (2) $200.00 for the second violation of the same provision of this Code within a 12-month period; and (3) $500.00 for a third or more violations of the same provision of this Code within a 12-month period unless noted otherwise in the bail schedule which may be amended by resolution by the City Council. The fourth violation of the same section of the Municipal Code within one year may be treated as misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this Code is committed, continued or permitted by such person, and shall be punished accordingly.

A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him/her unless he/she is arrested and not released on his/her written promise to appear, on his/her own recognizance, or pursuant to a deposit of bail.

B. Reclassification of offenses. A violation of this Code classified as a misdemeanor may be charged as an infraction when:

1. The prosecutor files a complaint charging the offense as an infraction; or

2. The court, on motion of the prosecutor and with the consent of the defendant, determines to treat a misdemeanor offense as an infraction, in which event the case will proceed as if the defendant had been arraigned on an infraction complaint.

C. Continuing duty of abatement. Payment of a fine shall not excuse payment of any required fee under the Code, or the failure to correct a violation of the Code, nor shall it bar the further exercise of one or more of the City's remedies with regard to such violation.

D. Public nuisances. In addition to the penalties hereinabove provided, any condition, use or activity caused, maintained or otherwise permitted to exist in violation of the Code or a condition of approval of a land use entitlement, shall be deemed a public nuisance and may be abated by the City as such in any manner allowed by law. Each and every day that a prohibited condition, use or activity is caused, maintained or otherwise permitted, shall be regarded as a new and separate public nuisance.

(Ord. 501 § 1, 2004; Ord. 449 § 3, 1999)

It shall be a misdemeanor for any person to fail to provide a California Driver's License (CDL), California Identification Card (CIC), or other form of positive identification (i.e., visa, passport, etc.) to enforcement officers.

(Ord. 449 § 3, 1999)

It shall be a misdemeanor for any person to give false or misleading information to the enforcement officers.

(Ord. 449 § 3, 1999)

It shall be a misdemeanor for any person to intimidate, obstruct, disturb, interfere, provoke, use offensive words which may provoke an immediate violent reaction, threaten, assault, injure or hurt the enforcement officer.

(Ord. 449 § 3, 1999)

It shall be a misdemeanor for any person to evade or in any manner elude an enforcement officer.

(Ord. 449 § 3, 1999)