A.
Any person violating any provision of the Garden Grove Municipal Code may be issued an administrative citation by an enforcement officer and shall thereby be subject to an administrative fine as provided for in this chapter. For purposes of this chapter, a violation of the Garden Grove Municipal Code shall include any violation of the Municipal Code, any code adopted by reference by the City Council, including, but not limited to, all codes adopted by reference in Title 18 of the Municipal Code, and the failure to comply with any condition of approval imposed pursuant to any land use entitlement, any permit, license, or other authorization issued or approved pursuant to the City Council adopted ordinances, including, but not limited to, those violations specified in Section 1.22.110 herein. The violations referred to in this subsection are collectively referred to in this chapter as Municipal Code violations. For purposes of this chapter, an administrative citation for an administrative fine may be issued to any responsible person for any violation referred to in this chapter.
B.
Each and every day a violation of the Municipal Code exists constitutes a separate and distinct offense.
C.
An administrative fine shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the City of Garden Grove through the Finance Department. Except as set forth in subsection D, a citation may be issued by an enforcement officer upon the determination by such officer that a violation of the Municipal Code exists.
D.
Continuing Violations.
1.
When a continuing violation exists pertaining to a building, plumbing, electrical, or other similar structural or zoning issue that does not create an immediate danger to health or safety, a citation for such a violation shall not be issued pursuant to this chapter unless the responsible person has first been provided with a reasonable period as determined by the enforcement officer, but in no event less than five calendar days, in which to correct or otherwise remedy the violation. When such a violation creates an immediate danger to health or safety, a citation may be issued immediately.
2.
Notwithstanding subdivision (1) above, in the case of an administrative citation issued for violation of Section 9.52.030 pertaining to the illegal cultivation of cannabis, the citation may be issued immediately, except that the City will provide a reasonable period as determined by the enforcement officer, but in no event less than five calendar days, in which to correct or otherwise remedy the violation if all of the following are true:
a.
A tenant is in possession of the property that is the subject of the administrative action.
b.
The rental 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.
F.
For each violation of the Municipal Code that would otherwise be determined to be an infraction, administrative fines shall be in the following amounts:
1.
A fine of $100.00 for a first violation;
2.
A fine of $200.00 for a second violation of the same Municipal Code provision within one year from the date of the first violation; and
3.
A fine of $500.00 for each additional violation of the same Municipal Code provision within one year from the date of the first violation.
G.
In the case of an administrative citation issued for violation of Sections 8.64.030, 8.64.040 or 8.64.050(A) or any provision of Chapter 8.84 of this Code, administrative fines shall be assessed in the following amounts:
H.
In the case of an administrative citation issued for violation of Title 18 (Building Codes), administrative fines shall be assessed in the following amounts:
1.
A fine of $130.00 for a first violation;
2.
A fine of $700.00 for a second violation of the same provision within one year from the date of the first violation; and
3.
A fine of $1,300.00 for each additional violation of the same provision within one year from the date of the first violation; and
4.
A fine of $2,500.00 for each additional violation of the same provision within two years from the date of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
I.
In addition to the administrative fine schedule as set forth above, and pursuant to Government Code Section 38773.5(b), the City may recover, at its discretion, attorneys' fees and costs in any action, administrative proceeding, or special proceeding to abate any nuisance arising out of a Municipal Code violation. The recovery of attorneys' fees and costs shall be by the prevailing party, and limited to those individual actions or proceedings in which the City elects, by direction of the City Manager at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable fees incurred by the City in such matters.
J.
Nothing in this chapter shall require the City to proceed with an administrative citation and fine in lieu of the penalty provisions set forth in Chapter 1.04 or any other legal options available to the City. An administrative citation may be utilized in place of, or in addition to, any other remedy allowed by the Municipal Code or state law.
(2701 § 3, 2007; 2733 §§ 2, 3 and 4, 2008; 2737 §§ 2 and 3, 2008; 2749 § 1, 2009; 2800 § 1, 2011; 2903 § 2, 2019)