A. Any person violating any provision of the Fullerton Municipal Code, or applicable State Code, may be issued an Administrative Citation by an Enforcement Officer as provided in this chapter. The Enforcement Officer shall allow a reasonable period of time for a Responsible Person to correct or otherwise remedy the violation prior to the imposition of an administrative fine or penalty. Fourteen days shall be deemed to be a reasonable period of 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. If the violation creates an immediate danger to health or safety and/or if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis, immediate action may be required.
1. There may be an immediate imposition of administrative fines or penalties if a violation is for building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements and exists as a result of, or to facilitate, the illegal cultivation of cannabis. However, a reasonable period of time will be given for the correction or remedy of the violation prior to the imposition of administrative fines or penalties if all of the following are true:
a) A tenant is in possession of 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 was illegally cultivating 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 be subject to an administrative fine or penalty as provided under the provisions of this chapter.
C. Each day a violation of this code exists shall be a separate violation and be subject to a separate fine. An Administrative Citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections.
D. An Administrative Citation shall be on a form approved by the City Manager and shall contain the following information:
1. Name of the Responsible Person;
2. Date, time and address or definite identification of the location where the violation(s) was observed;
3. The code section(s) violated and a description of the violation(s);
4. The specific actions that are 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 time within which and the place to which the fine shall be paid;
7. Notification of the right to appeal, including the time within which the Administrative Citation may be contested 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. The name and signature of the Enforcement Officer; and
9. Date the citation was issued. (Ord. 3273, § 1, 2019)
