Fullerton Municipal Code Ch. 1.10 Administrative Citations

The City Council finds and declares that:

(A) The city needs an alternative method to enforce Fullerton Municipal Code and applicable state code violations. The City Council finds the imposition of administrative fines or penalties as authorized by Cal. Gov’t Code § 53069.4 an appropriate method of enforcement;

(B) The city has sole discretion to issue an administrative citation under this chapter and provides one option the city may use to address violations of this code. The city does not intend to limit its discretion to utilize any other civil or criminal remedy to address such violations by adopting this chapter;

(C) Other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve to protect the public health, safety and welfare of the citizens of the city; and

(D) The city issues administrative citations pursuant to this chapter to encourage voluntary and complete compliance with provisions of this code to protect and benefit of the entire community.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ENFORCEMENT OFFICER. Any officer or employee with authority to enforce this code or applicable state codes as provided in § 2.09.080 of this code.

HEARING OFFICER. The person appointed by the City Manager, or designee, to serve as the Hearing Officer for administrative hearings.

LAND USE APPROVAL. Any approval required for a particular use of land, including, but not limited to, permits, licenses, conditional use permits, variances or subdivision maps.

OWNER. The record owner of a parcel according to the latest county equalized property tax assessment roll.

PERSON. Includes a natural person or legal entity and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity.

RESPONSIBLE PERSON. Any person who causes or maintains a violation of this code or applicable state code violation, including the person occupying the premises which is the subject or location of a violation, the business owner of such location or the property owner or property owner agent/property manager. RESPONSIBLE PERSON also includes the parent or legal guardian of any person under the age of 18 years. There may be more than one RESPONSIBLE PERSON for any one code violation for the purposes of this chapter.

RESIDENTIAL DWELLING. A private structure designed and available, pursuant to applicable law, for use and occupancy by one or more individuals. RESIDENTIAL DWELLING does not include a commercially operated hotel, motel, bed and breakfast inn or a time-share property as defined by Cal. Business and Professions Code § 11212(aa).

SHORT-TERM RENTAL. A residential dwelling, or any portion of a residential dwelling, rented to a person or persons for 30 consecutive days or less.

WATER THEFT. An action to divert, tamper or reconnect water utility services as defined in Cal. Penal Code § 498.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

(A) (1) An enforcement officer may issue an administrative citation to any person violating any provision of this 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.

(2) 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; and/or

(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 time frame and the place to pay the fine;

(7) Notification of the right to appeal, including the time frame 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 § 1.10.060(E);

(9) The name and signature of the enforcement officer; and

(10) Citation issuance date.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

The city may issue an administrative citation to a responsible person for municipal code or applicable state code violation(s) by either personal service or mail in the following manner.

(A) Personal service.

(1) The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation.

(2) If a responsible person refuses to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings. Personal service shall become effective upon delivery.

(B) Service of citation by mail. The city shall mail the administrative citation to the responsible person by certified mail, return receipt requested and by regular, first-class mail. Service by mail shall become effective five days from the date of deposit in the U.S. mail.

(C) Posting of notice as a courtesy. The city may post the administrative citation on any real property within the city in which the enforcement officer has knowledge that the responsible person has a legal interest. The city shall deem such posting a courtesy and failure to post shall not constitute a failure of notice.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

A separate City Council resolution shall establish administrative fine amounts imposed for code violations imposed pursuant to this chapter.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

(A) The responsible person shall pay the fine to the city within 30 days from date of service of the administrative citation.

(B) The city shall charge a $30 late payment fee if the responsible person does not pay the fine within 30 days from the date of the administrative citation.

(C) The city shall refund any administrative citation fine paid pursuant to this section in accordance with § 1.10.090 if the city determines at a hearing that the person charged in the administrative citation was not responsible for the violation or that no violation as charged in the administrative citation occurred.

(D) Payment of a fine shall not excuse the responsible person from correcting the code violation. Citation issuance and/or fine payment does not bar the city from taking other enforcement action regarding an uncorrected code violation, including, but not limited to, issuing additional administrative citations.

(E) A responsible person issued a second or multiple additional fine(s) for violations of the same ordinance within one year may apply for a hardship waiver to reduce the amount of the fine, which the city will grant upon showing the responsible person has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden. Any person wishing to apply for a hardship waiver shall complete a hardship waiver form and submit it within no more than 15 calendar days from the date of service of the administrative citation with any supporting documents to the Code Enforcement Division of the Community and Economic Development Department. The city will stay payment of any owed fines until issuing a written determination on the application once it receives a completed hardship waiver form. The Community and Economic Development Director, or designee, may request additional documentation or information regarding the request prior to issuing a determination. A determination may grant in full, grant in part or deny the application for a hardship waiver. Such determination shall be final. The city shall deem failure of any responsible person to submit all requested additional documentation and information within the established deadlines a failure to exhaust the responsible person administrative remedies regarding any reductions of the fines and the responsible person shall pay all owed fines within 30 days of the deadline.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

(A) Any recipient of an administrative citation may contest the citation by delivering a completed request for hearing form to the Community and Economic Development Department Code Enforce- ment Division within 15 days from the date of service of the administrative citation, together with an advanced deposit of the fine or a completed advance deposit hardship waiver form with any supporting documents.

(B) Once the city receives a completed advance deposit hardship waiver form, it stays payment of the fine until the Director of Community and Economic Development, or designee, issues a written determi- nation granting or denying the advance deposit hardship waiver. Such determination shall be final.

(C) If the determination denies the advance deposit hardship waiver, the responsible party shall pay the full amount of the fine within ten days from the date of service of the determination.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

(A) The city will not deem a request for hearing to contest an administrative citation before a Hearing Officer complete until the responsible party files a request for hearing form with the Code Enforcement Division within 15 calendar days from service and the responsible party has either deposited the fine in full or the city has granted an advance deposit hardship waiver. The city shall set a date for a hearing before the Hearing Officer not less than 15 nor more than 60 days from the date of a completed request for hearing. The city shall notify the person requesting the hearing of the time and place for the hearing at least ten business days prior to the hearing date.

(B) The Hearing Officer shall only consider evidence relevant to whether the violation(s) occurred and whether the appellant is a responsible person as defined in this chapter.

(C) The person contesting the administrative citation shall have the opportunity to testify and present witnesses and relevant evidence concerning the charges set forth in the administrative citation.

(D) The failure of the person contesting the administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of any fines paid and a failure to exhaust their administrative remedies.

(E) The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(F) Neither the enforcement officer nor any other representative of the city shall be required to attend the hearing nor shall the Hearing Officer require submittal of any evidence, other than the citation, that may exist among the public records of the city on the violation. However, the enforcement officer or any city employee or agent has the discretion to make such appearance and/or submission.

(G) The enforcement officer must provide a copy of any additional records concerning the administrative citation submitted to the Hearing Officer for consideration at the hearing to the person requesting the hearing at least ten days prior to the date of the hearing. No other discovery is permitted, although formal rules of evidence shall not apply.

(H) The Hearing Officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

(A) After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold, modify or revoke the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final.

(B) If Hearing Officer decision upholds the citation, the city shall keep the fine deposited. If the city granted an advance deposit hardship waiver, the city must receive full payment of the fine within 30 days of the service of the decision. If the Hearing Officer decision revokes the citation, the city shall refund the fine deposit within 30 days of the service of the decision.

(C) The city shall serve the administrative citation recipient with a copy of the Hearing Officer written decision within 20 days from the date the hearing concluded.

(D) The city shall not directly or indirectly condition any employment, performance evaluation, compensation and/or benefits of the Hearing Officer upon the fine amount or number of administrative citations upheld by the Hearing Officer.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

(A) (1) The city may pursue legal and equitable remedies for collection of unpaid fines and penalties at its discretion.

(2) Pursuit of one remedy does not preclude the pursuit of any other remedies until the city has collected the total fines and penalties owed by a person under this chapter.

(B) The city may refuse a land use approval issuance or other city approval pertaining to the property, real or personal, to any responsible person with unpaid and/or delinquent fines, subject of the citation issued pursuant to this chapter.

(C) Any code violation shall constitute a nuisance. To compel code compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien against the property where a property-related violation occurred in accordance with the provisions of Chapter 6.01. When the city incurs actual abatement costs, it may recover any unpaid delinquent civil fines, interest and penalties as such a lien against the property of the responsible person, who is the owner of the property where the violation occurred.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

A person wishing to contest a decision of the Hearing Officer on an administrative citation may seek review by filing an appeal for the Superior Court to hear in accordance with the time lines and provisions set forth in Cal. Gov’t Code § 53069.4.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)

Except as specifically provided herein, the city shall serve all notices given by this chapter in accordance with § 1.12.090 provisions. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted herein.

(Ord. 3273, passed - -2019; Ord. 3329, passed - -2024)