Lakewood Charter: Separability & Severability Rules

General Governance and Administration California 3 Minutes Read · published March 08, 2026 Flag of California

In Lakewood, California, separability and severability clauses determine whether parts of a charter or municipal ordinance remain effective if another part is invalidated. This guide explains where to find the controlling text, how enforcement works, and what residents or businesses can do when a provision is challenged. Official sources include the Lakewood municipal code and city charter materials as published by the city and its municipal code publisher Lakewood Code of Ordinances[1], plus the city's municipal code information page for administration and updates Municipal Code (City Clerk)[2].

Check the cited official pages for the exact severability clause language.

Overview of Separability and Severability

Separability clauses typically state that if one section of a charter or ordinance is held invalid by a court, other sections remain in force. Lakewood's governing documents follow standard municipal practice, but specific text, exceptions, or cross-references must be read in the controlling instrument. When the city adopts ordinances, the codified version and the charter (if applicable) are the authoritative texts; if a clause conflicts with state law, courts may apply California law limits or remedies.

Penalties & Enforcement

Enforcement of ordinances affected by severability questions remains with the ordinarily responsible department unless the ordinance or charter specifies otherwise. For most municipal code violations Lakewood assigns enforcement to the Community Development Department - Code Enforcement or to the department listed in the specific chapter of the code. For department contact and complaint submission see the city's code enforcement information Lakewood Code Enforcement[3].

  • Enforcer: Community Development Department - Code Enforcement; Police or Building Inspection may enforce specialized chapters.
  • Fine amounts: not specified on the cited page; consult the specific ordinance chapter or the codified penalty provisions for each violation.
  • Escalation: first, repeat, and continuing offence schemes are not specified on the cited page; the municipal code or ordinance chapter will show per-offence language where adopted.
  • Non-monetary sanctions: orders to correct, administrative abatement, permit suspension, injunctions, or referral for misdemeanor prosecution may apply where the ordinance provides.
  • Inspection and complaint pathway: file a complaint with Code Enforcement via the department link cited above; inspections follow departmental procedures.
  • Appeals and review: procedures and statutory time limits for administrative appeals or judicial review depend on the ordinance and are not specified on the cited page.
  • Defences and discretion: common defences include permits, vested rights, or reasonable excuse; discretionary waivers or variances require the specific permitting or variance process.
If a provision is judicially severed, enforcement may continue under the remaining valid provisions.

Applications & Forms

Where forms are required (permits, variance applications, or appeal forms), the municipal code chapter or the responsible department publishes the form. Specific form names, numbers, fees, and submission methods vary by subject; if no form is required or none is published, that fact is noted on the department page or the ordinance chapter. See department pages for current forms and submittal instructions Municipal Code (City Clerk)[2].

Common Violations and Typical Outcomes

  • Nuisance or zoning violations — may result in abatement orders and fines (amounts listed in specific chapters or not specified).
  • Unpermitted construction — stop-work orders, civil penalties, and required corrective permits.
  • Parking and traffic ordinance breaches — citations and fees following procedure in the parking chapter.
Enforcement procedures and penalties are located in each municipal code chapter or the adopting ordinance.

FAQ

What is a severability clause?
A severability clause states that if one provision is invalid, other provisions remain effective unless the ordinance indicates otherwise.
Does severability change penalty amounts?
No; severability affects validity, not the specific penalties unless a court orders otherwise or the ordinance ties penalties to invalidated language.
How do I challenge an ordinance provision in Lakewood?
Begin with the department listed for that ordinance (often Code Enforcement or Planning), file administrative appeals if available, and consult the municipal code or seek judicial review; procedural time limits are set in the code or ordinance chapter.

How-To

  1. Locate the controlling ordinance or charter language in the municipal code or charter publication.
  2. Contact the enforcing department (Code Enforcement or Planning) to request enforcement records and the applicable forms.
  3. File any required administrative appeal within the time stated in the ordinance or department rules.
  4. If administrative remedies are exhausted, seek judicial review in the appropriate court; prepare to show how the provision is invalid and why severability should apply.

Key Takeaways

  • Always consult the exact municipal code chapter or charter language for severability wording.
  • Code Enforcement is the primary contact for most ordinance enforcement matters.
  • Appeals and remedies depend on the ordinance; specific fines and time limits may be listed in each chapter or are not specified on the cited pages.

Help and Support / Resources

  1. [1] Lakewood Code of Ordinances (Municode)
  2. [2] Municipal Code (City Clerk) - City of Lakewood
  3. [3] Community Development - Code Enforcement - City of Lakewood

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