A. An Enforcement Officer may issue an administrative citation to any person violating any provision of the Fullerton Municipal Code or applicable state code as provided in this chapter. The Enforcement Officer shall allow a reasonable time after written notice of said violation for a Responsible Person to correct or otherwise remedy the violation prior to imposition of an administrative fine or penalty. Fourteen days shall be a reasonable time if the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety. Immediate action may be required if the violation creates an immediate danger to health or safety and/or if the violation exists due to or facilitates illegal cannabis cultivation.
1. The City may immediately impose administrative fines or penalties for building, plumbing, electrical or other similar structural, health and safety or zoning requirement violations that exist or facilitate illegal cannabis cultivation. However, the City will give a reasonable time for violation correction or remedy prior to imposing administrative fines or penalties if the following are true:
a. A tenant possesses the property that is the subject of the violation.
b. The property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
c. The rental property owner or agent did not know the tenant illegally cultivated cannabis and no complaint, property inspection or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
B. Every person who applies for and receives any type of Land Use Approval shall comply with all conditions imposed upon the issuance of said Land Use Approval. Violation of any condition of such Land Use Approval may receive an administrative fine or penalty as provided under the provisions of this chapter.
C. The fine limits set forth by resolution for Short-term Rentals apply only to infractions that pose a threat to public health or public safety. The fines described in this subdivision shall not apply to a first-time offense of failure to register or pay a business license fee.
D. The City will consider each day a code violation exists a separate violation and subject to a separate fine. An Administrative Citation may charge a violation for one or more days on which a violation exists and for a violation of one or more code sections.
E. The City shall issue an Administrative Citation on a form approved by the City Manager and contain the following information:
1. Name of the Responsible Person;
2. Date, time and address or definite identification of the location where the City observed the violation(s);
3. The code section(s) violated and a description of the violation(s);
4. The specific actions required to correct the violation(s);
5. The amount of the fine for the violation(s);
6. A description of the fine payment process, including a specified timeframe and the place to pay the fine;
7. Notification of the right to appeal, including the timeframe for the recipient of the citation to contest the Administrative Citation and the process to request a Hearing and/or the process to submit a Request for Hearing with Advance Deposit Hardship Waiver to contest the Administrative Citation;
8. Notification of the right to submit a Hardship Waiver to request a reduction of the fine amount for a Responsible person issued a second or multiple additional fine(s) for violations of the same ordinance in the same year pursuant to Section 1.10.060(E);
9. The name and signature of the Enforcement Officer; and
10. Citation issuance date.
(Ord. 3329 § 1, 2024; Ord. 3273, § 1, 2019)