1-9.4 Issuance of Administrative Citations.
a. Except as provided in subsection (b) of this subsection, whenever an Enforcement Officer determines that an administrative violation has occurred, whether or not committed in their presence, the Enforcement Officer is authorized to issue an administrative citation to the responsible person(s). If the responsible person is a minor, the Enforcement Officer is authorized to issue an administrative citation to the parent(s) or guardian(s) having custody and control of the minor. Notification of the administrative violation to the holder of any lease, mortgage, deed of trust, or other encumbrance of record shall conform to the policies and procedures established by the issuing department.
b. When the administrative violation pertains to a continuing violation that does not create an immediate threat to health or safety, a reasonable period of time to correct the administrative violation must be afforded to the responsible person prior to issuing an administrative citation. If the administrative violation is remedied prior to the expiration of the correction period, no administrative citation shall be issued for that administrative violation. However, the responsible person shall remain liable for and shall pay the enforcement costs associated with the administrative violation.
1. Notwithstanding this subsection (b), when the violation pertains to building, plumbing, electrical or other similar structural or zoning regulations as a result of, or to facilitate, the cultivation of cannabis proscribed by this Code, an administrative citation may be immediately issued unless all of the following are true:
(a) A tenant is in possession of the property; and
(b) The property owner provides evidence that the rental or lease agreements prohibits the cultivation of cannabis; and
(c) The property owner could not have known of the illegal cannabis cultivation.
c. Each administrative violation shall constitute a separate and distinct offense subject to an administrative fine, as provided for in this Section 1-9. Each and every day an administrative violation exists shall constitute a separate and distinct offense subject to an administrative fine, as provided for in this Section 1-9.
d. An error in an administrative citation is subject to correction without affecting the validity of the citation. A copy of the notice of correction shall be served on the responsible party in accordance with subsection 1-9.5. (Ord. #222-2019, S4)