Upland adopts streamlined administrative fines, creates hardship-waiver process for infractions

The Upland City Council on April 14 voted unanimously to update the city's administrative fine schedule and to add a formal hardship-waiver process for infraction fines.

City staff said the administrative schedule change will create an escalator for repeated violations, make enforcement more consistent across violation types and help the city avoid costly receivership proceedings. "The broken window theory is a big deal," said Sergeant Bryce Milakovic of the Upland Police Department, who presented the proposed fine schedule. He told the council many nuisance violations now carry low initial penalties and often fail to produce compliance.

The council also adopted an ordinance establishing hardship waivers that may apply after the second citation on an infraction. Police Chief Marcela Blanco said the waiver process is intended to bring the city into compliance with state law. "It's just coming in compliance with what the state requires us to do," Blanco said, describing the finance director's role in verifying hardship claims.

Why it matters: Staff said the changes are designed both to speed compliance on quality-of-life issues such as landscaping, trash and property maintenance and to reduce the city's fiscal exposure when properties fall into receivership. At a previous committee meeting staff reported unpaid utility delinquencies exceeding $1,000,000 and said current lien procedures can take more than 400 days to resolve. During the council discussion staff and members repeatedly framed the changes as intended to make enforcement fairer and more transparent to residents.

Key details - Presentation: Sergeant Bryce Milakovic (Upland Police Department) presented the administrative fine schedule amendment; Police Chief Marcela Blanco presented the hardship-waiver ordinance. - Administrative fine schedule: creates an escalating fine structure for repeated violations, and standardizes penalties that staff said previously varied widely (some nuisance fines were $50). The schedule was described as including clear escalation steps and public transparency so residents know the consequences of noncompliance. - Hardship waivers: apply after the second citation on an infraction (staff noted the higher fine for some rental-party violations is approximately $1,300 for a first citation). Verification of hardship is handled by the finance director; there is no additional internal appeals process beyond the option to seek judicial review in court. - Implementation mechanics: for typical violations staff said they issue notices and allow internal grace periods (somewhere in the range of about 15 to 30 days for corrective action, depending on the violation) before citations are issued. Staff said court outcomes may affect cost recovery.

Council actions and votes - Administrative fine schedule amendment: motion by Mayor Pro Tem (name recorded as Mayor Pro Tem in the meeting), second by Council Member Miles; passed unanimously (5-0). - Ordinance adding hardship waivers (adding sections to Upland Municipal Code regarding hardship waivers for infraction fines): motion by Council Member Breitling, second by Mayor Pro Tem; passed unanimously (5-0). - The council also established an ad hoc committee to interview planning commission applicants (see 'Votes at a glance' below).

Questions and concerns: Council members asked about the city's ability to recoup costs when properties enter receivership and about the documentation required for hardship determinations. Sergeant Milakovic said the city "may capture some of it" but recovery is subject to court determinations; Blanco said the finance director will review paperwork to verify hardship claims.

Votes at a glance - Administrative fine schedule amendment: Approved unanimously. (Mover: Mayor Pro Tem; Second: Council Member Miles.) - Ordinance: hardship waivers for infraction fines (adds sections 1.22.050D-G to the Upland Municipal Code): Approved unanimously. (Mover: Council Member Breitling; Second: Mayor Pro Tem.) - Establishment of ad hoc interview committee for Planning Commission appointment: Approved unanimously. (Mover: Council Member Boughton; Second: Council Member Mauss.)

Context and next steps: Staff said the changes will be published and that educational materials will be made available to residents so they understand the new schedule and how to apply for waivers. The council did not set different effective dates during the meeting; staff will publish the ordinances and follow the city's codification process.

Public comment at the meeting included community announcements and a proposal by a resident to pursue a local special-tax ballot initiative; those items were heard during the oral communications portion of the meeting and were not acted on by the council.