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Resident protests $3,000 fireworks citation, council staff outline citation process

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Summary

A Hawaiian Gardens landlord, Heather Ortega, told the council she was surprised to receive a $3,000 citation after a tenant used illegal fireworks. City staff and councilors said citations are issued to property owners and that staff have in some cases waived additional penalties after review.

Heather Ortega, a Hawaiian Gardens resident and rental property owner, told the City Council on Sept. 10 she received a notice saying she had been cited for $3,000 after a tenant allegedly used illegal fireworks on Sept. 3.

“I do not have the legal authority to stop a tenant from doing anything,” Ortega said. She told the council she had not been personally present, had not received prior notice to her business address and that she could not enter a leased unit without written notice. Ortega said she was concerned the fine would be charged to a credit card and that property owners should not be held responsible for tenants’ acts when owners are not present.

City response and process

Council and city staff discussed how citations are issued. A city staff member said citations are mailed to the property owner and that property owners were generally given an initial period (about two to three weeks) to respond to a first citation; a failure to respond could lead to an additional assessment. The staff member said the city has worked with some residents to waive additional assessed amounts on a case‑by‑case basis when the owner did not receive notice or otherwise had mitigating circumstances.

Council members and staff emphasized limits of city authority and private remedies

Members of the council and the city attorney noted that some situations between landlords and tenants are private civil matters that the city code enforcement process does not resolve. A council member suggested property owners can communicate lease prohibitions to tenants as a private remedy; a city official characterized enforcement of fireworks in the field as a law‑enforcement action when people are observed in the act.

No formal action requested or taken

Ortega asked the council to consider revising the ordinance or its enforcement practices; council did not vote on any ordinance changes at the Sept. 10 meeting. Staff said they would follow up on individual cases and that waivers had been granted in some instances.

Provenance

Ortega’s remarks and the city’s response appear in the public comment period and the council report back later in the meeting. The initial public comment appears at transcript time 00:03:31 (block beginning 211.625); the staff explanation to council appears during the council reports near transcript time 00:57:38 (block beginning 3458.0999).

Ending

Council members acknowledged the practical difficulties cited by Ortega and asked staff to continue handling affected residents’ appeals individually rather than proposing an immediate ordinance change.