RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ESTABLISHING AMOUNTS FOR FINES IMPOSED FOR CODE VIOLATIONS PURSUANT TOFULLERTON MUNICIPAL CODE SECTION 1.10.050 WHEREAS, Fullerton Municipal Code Section 1.10.050 provides that City Council shall establish the amount of fines imposed for code violations imposed pursuant to Chapter 1.10 (Administrative Citations) by resolution.
WHEREAS, the California Government Code provides authority for setting fine amounts. The existing City of Fullerton fine amounts have become ineffective to bring about code compliance in certain cases with new land uses in the City.
WHEREAS, the City Council of the City of Fullerton desires to update the existing fine amounts set forth in Resolution No. 2019-17 Administrative Citation Process and Fee Schedule Amendment adopted in 2019, consistent with the California Government Code new Short-term rental fine amounts to address the Short-term rental land use.
WHEREAS, effective code enforcement is vital to ensuring the City commitment to safeguarding the health, safety, welfare and quality of life of its residents and businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
The following sets amounts for fines pursuant to Chapter 1. 10 (Administrative Citations) and Government Code Section 36900 (a), (b), (c) and (d) and Government Code Section 53069.45. (a), (b) and (c):
For violations of the Fullerton Municipal or adopted codes, other than a Building and Safety Code violation or Short-Term Rental violation:
A fine of one hundred dollars ($100.00) for a first violation.
A fine of two hundred dollars ($200.00) for a second violation of the same ordinance within one year.
A fine of five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.
For violations of local and/or state building and safety codes:
A fine not exceeding one hundred thirty dollars ($130) for a first violation.
A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years 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.
Notwithstanding any other law, including subdivisions (A) and (B), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
A fine not exceeding one thousand five hundred dollars ($1,500) for a first violation.
A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one year.
A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one year of the first violation.
Water-theft violations committed via meter tampering are punishable as follows:
A fine not exceeding one hundred thirty dollars ($130) for a first violation.
A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year of the first violation.
A fine not exceeding one thousand three hundred dollars ($1,300) for the third violation and each additional violation of the same ordinance within one year of the first violation.
Water-theft violations committed via all other means are punishable as follows:
A fine not exceeding one thousand dollars ($1,000) for a first violation.
A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within one year.
A fine not exceeding three thousand dollars ($3,000) for each additional violation of the same ordinance within one year.
City Council rescinds Resolution No. 2019-17 and replaces with this resolution.
ADOPTED BY THE FULLERTON CITY COUNCIL ON DECEMBER 19, 2023. ___________________________
Nicholas Dunlap
Mayor
ATTEST:
___________________________
Lucinda Williams, MMC
City Clerk
___________________________
Date
Resolution No. 2023-XXX