The Board of Supervisors finds that there is a need for an alternative method to enforce provisions of this Ordinance Code and Tulare County Ordinance No. 352, as amended from time to time. The Board further finds that the assessment of civil fines and penalties through an administrative hearing procedure for code violations in accordance with Government Code section 53069.4 is a necessary, alternative method of code enforcement.
(Added by Ord. No. 3213, effective 11-26-98)
The enforcement remedy of administrative assessment of civil fines and penalties established in this Chapter shall be in addition to any other administrative or judicial remedy provided by law.
(Added by Ord. No. 3213, effective 11-26-98)
(a) 
"Director": means the Director of the Tulare County Resource Management Agency, the Director of the Tulare County Health and Human Services Agency, the County Health Officer, the Tulare County Agricultural Commissioner/Sealer, or the Tulare County Fire Warden, the Tulare County Tax Collector, or their designees.
(b) 
"Property owner": means the owner of record of the property upon which a violation of this Ordinance Code or Tulare County Ordinance No. 352 exists as shown on the last equalized tax roll, the occupant of that property, and any other interested party responsible for such property or the violation.
(c) 
"Notice of Violation": means the "Notice of Violation, Order to Correct and Notice of Assessment of Civil Fines and Penalties" issued by the Director in compliance with the Chapter.
(Added by Ord. No. 3213, effective 11-26-98; amended by Ord. No. 3251, effective 3-8-01)
(a) 
Any person violating any provision of this Ordinance Code or Tulare County Ordinance No. 352, as amended from time to time, shall be subject to the assessment of civil fines and penalties pursuant to the administrative procedures established in this Chapter and authorized by Government Code section 53069.4.
(b) 
Each and every day a violation of this Ordinance Code or the Tulare County Ordinance No. 352 exists constitutes a separate and distinct violation.
(c) 
(1) 
The Director is authorized to provide for the immediate imposition of administrative fines or penalties consistent with Government Code section 53069.4, subdivision (a)(2)(B), for the violation of any local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements of this Ordinance Code or Tulare County Ordinance No. 352, as amended from time to time, if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required.
(2) 
Administrative fines or fees issued under subdivision (c) of this section may be imposed upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and the Director may hold them jointly and severally liable for the administrative fines and penalties as authorized under Government Code section 53069.4, subdivision (a)(2)(C).
(3) 
Fines or penalties that are immediately issued under subdivision (c) of this section shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day as authorized under Government Code section 53069.4, subdivision (a)(2)(D). Subdivision (c) of this section shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed pursuant to subdivision (a) of this section and section 1-23-5000 of this Chapter.
(4) 
The Director shall not impose fines for violations under subdivision (c) of this section, but may impose fines under subdivision (a) of this section and section 1-23-5000 of this Chapter, 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 commercial cannabis activity.
(C) 
The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.
(5) 
The County may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with § 17200) of Part 2 of Division 7 of, or section 26038 of, the Business and Professions Code, or any other applicable law, as authorized by Government Code section 53069.4, subdivision (a)(2)(F).
(Added by Ord. No. 3213, effective 11-26-98; amended by Ord. No. 3652, effective 2-27-25)
(a) 
The Director shall have the authority and powers necessary to determine whether a violation of this Ordinance Code or Tulare County Ordinance No. 352 exists and the authority to take appropriate action to gain compliance with the provisions of this Ordinance Code or Tulare County Ordinance No. 352. These powers include the power to issue Notices of Violation; the power to assess and collect civil fines and penalties as provided in this Chapter; and the power to enter and inspect public and private property.
(b) 
The Director is authorized to enter upon any property or premises to ascertain whether there are violations of this Ordinance Code or Tulare County Ordinance No. 352, and to make any examinations and surveys as may be necessary in the performance of his or her duties. These examinations and surveys may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence or recordings. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If the property owner or other responsible person refuses permission to enter or inspect, the Director may seek an administrative inspection warrant pursuant to the California Code of Civil Procedure.
(c) 
The Director is authorized to assess civil fines or penalties pursuant to this Chapter and shall be responsible for the implementation of the procedures set forth in this Chapter as follows:
(1) 
The Director of the Resource Management Agency, or designee, is authorized to assess civil fines or penalties pursuant to this Chapter and shall be responsible for implementing the procedures of this Chapter with respect to violations of Part III, Chapters 1, 3, 9, 15 and 27 of Part IV, Chapter 11 of Part V, Chapters 11 and 21 of Part VI, Part VII and VIII of this Ordinance Code and of Tulare County Ordinance No. 352.
(2) 
The Director of the Tulare County Health and Human Service Agency and/or the County Health Officer as appropriate is authorized to assess civil fines or penalties pursuant to this Chapter and shall be responsible for implementing the procedures of this Chapter with respect to violations of Chapters 1, 3, 7, 13 and 19 of Part IV and Chapter 7 of Part VI of this Ordinance Code.
(3) 
The Tulare County Agricultural Commissioner/Sealer is authorized to assess civil fines or penalties pursuant to this Chapter and shall be responsible for implementing the procedures of this Chapter with respect to violations of Chapters 1 and 25 of Part IV and Chapter 1 of Part VI of this Ordinance Code.
(4) 
The Tulare County Fire Chief is authorized to assess civil fines or penalties pursuant to this Chapter and shall be responsible for implementing the procedures of this Chapter with respect to violations of Chapters 1, 5 and 11 of Part IV and Chapter 15 of Part VII of this Ordinance Code.
(5) 
The Tulare County Auditor-Controller/Treasurer-Tax Collector is authorized to assess civil fines or penalties pursuant to this Chapter and shall be responsible for implementing the procedures of this Chapter with respect to violations of Article 11 of Chapter 5 of Part I and Part VI of this Ordinance Code.
(Amended by Ord. No. 3392, effective 9-10-09; amended by Ord. No. 3413, effective 9-21-10; amended by Ord. No. 3438, effective 9-13-12; amended by Ord. No. 3493, effective 4-28-16; amended by Ord. No. 3523, effective 3-1-18)