Bellflower Municipal Code Ch. 14.28 Enforcement

A violation of this title constitutes a misdemeanor. The City Attorney may, at his or her discretion, reduce a violation to an infraction. Any violation of this title may also be abated as a public nuisance. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.

(Ord. 1323 § 5, 8/28/17)

In addition to any other general functions, powers, and duties given to the City Attorney by this code or California law, the City Attorney is authorized to:

A. Prosecute on behalf of the people all criminal and civil cases for violations of this title including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief; and

B. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this title.

(Ord. 1323 § 5, 8/28/17)

A. In addition to any other enforcement remedy, the code enforcement officer may, pursuant to Title 1, Chapter 1.12, issue an administrative citation to any person responsible for a violation of this title.

B. An administrative citation issued for a violation of this title may be appealed in accordance with the procedures set forth in Title 1, Chapter 1.12.

(Ord. 1323 § 5, 8/28/17)

A. In addition to any other penalty authorized by law, the City Manager may suspend or revoke a cannabis business permit for the following reasons:

1. Upon learning or discovering facts that require permit denial under this title that were not previously disclosed or reasonably discoverable; or

2. If the permittee violates any condition imposed by this title or by the terms of the permit.

B. Notice of Suspension or Revocation. If after having determined that adequate grounds exist the City Manager elects to suspend or revoke a cannabis business permit, the City Manager, or designee, must serve a notice of suspension or revocation on the permittee. The notice must state the reason(s) for the action and provide information regarding the right to a hearing before the City Manager. Except as otherwise provided, the suspension or revocation of the permit does not become effective until the time for filing a request for hearing has passed or, if a request for hearing is timely filed, until the decision of the City Manager has become final.

C. The notice of suspension or revocation will be sent to the business address indicated on the permit. Service is deemed complete one business day after deposit in the United States mail.

D. A permittee that has been served with a notice of suspension of revocation may, within five business days, request a hearing before the City Manager. The request must be made on a form approved by the City Manager.

E. If a timely request for a hearing is made by the permittee, the City Manager will schedule a hearing within 30 days. The hearing may be held in the office of the City Manager or at an alternative location in City Hall designated by the City Manager. The permittee will be notified of the time and place of the hearing at least 10 days before the scheduled date.

F. If the City Manager determines, in his or her sole discretion, that the continued operation of the cannabis business presents an imminent threat to the public health, safety or welfare, the suspension or revocation becomes effective immediately upon notice thereof. In such a case, if the permittee requests a hearing before the City Manager, the hearing will be scheduled within seven business days. The permittee will be notified of the time and place of the hearing at least 48 hours before the scheduled date. Notice may be given by any means reasonably calculated to provide actual notice to the permittee including, without limitation, mailed notice or telephonic notice.

G. The permittee may present written and/or oral testimony and evidence at the hearing and will be provided 30 minutes for a presentation. Formal rules of evidence and procedure applicable in a court of law do not apply. The City Manager may, in his or her sole discretion, provide the permittee additional time to present evidence, testimony and argument.

H. The City Manager will issue a written decision within 10 business days of the hearing. If the suspension or revocation was made immediately effective, the City Manager's written decision will be issued within five business days of the hearing. The City Manager's decision will become final unless timely appealed in accordance with Section 14.28.050.

I. Effect of Revocation. If a cannabis business permit is revoked, the former permittee is presumptively disqualified to apply for a new permit for a period of two years from the effective date of the revocation. This presumption may be overcome upon a showing of good cause as to why a permit should be issued following a revocation. Any such showing must be made to the City Manager's satisfaction.

(Ord. 1323 § 5, 8/28/17)

A. If authorized by this title, a decision of the City Manager with respect to a cannabis business permit may be appealed to the City Council, provided that a request for review (appeal) is filed with the office of the City Manager within 10 calendar days from the date on which notice of the City Manager's decision was served on the permittee.

B. An appeal must be on a form provided by the City Clerk and contain the following information:

1. The name, address and telephone number of the person making the appeal;

2. A description of the decision, determination or order which is the subject of the appeal and the date such decision, determination or order was made or issued;

3. A complete description of all grounds for appeal, together with any evidence in support of the appeal; and

4. Such other information as may be required by the City Clerk.

C. Failure to provide all of the information required by this section within the 10 day appeal period will result in an automatic waiver of the right of appeal.

D. Upon receipt of a complete appeal, the City Clerk will schedule a hearing before the City Council within 45 days. The Council may, in its discretion, continue the matter to a subsequent meeting or from time to time.

E. At the conclusion of the hearing, the City Council may affirm, reverse, or modify the decision of the City Manager. The City Council's decision is final.

F. Judicial Review. A final decision of the City Council may be judicially reviewed pursuant to Code of Civil Procedure Section 1094.6.

(Ord. 1323 § 5, 8/28/17)