Article 1 — B. Public Nuisance Abatement

1. Any commercial cannabis operation that is conducted in violation of any provision of this Chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 7 of Article V.

   2. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the commercial cannabis operation permittee and the property owner where the nuisance is occurring.

• C. The remedies described in this Section are not mutually exclusive. Pursuit of any one remedy shall not preclude the City from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

• D. Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

• (Ord. 17-1637 § 2)

615220. Service of Notices.

Any notice required by this Chapter is deemed issued and served upon the earliest date that either: the notice is deposited in the United States mail, postage prepaid, addressed to the most recent mailing address provided to the City pursuant to the requirements of this Chapter; or, the date upon which personal service of the notice is provided to a responsible party. (Ord. 17-1637 § 2)

615230. Prohibitions.

• A. Any commercial cannabis operation in violation of the Adult Use of Marijuana Act, the Medicinal and Adult-Use of Cannabis Regulation and Safety Act, this Chapter, or any other applicable State law is expressly prohibited.

• B. It is unlawful for any commercial cannabis operation in the City, or any agent, employee or representative of such commercial cannabis operation, to permit any breach of peace or any disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct at the site of the commercial cannabis operation.

• (Ord. 17-1637 § 2)

615240. Nonconforming Use.

No use which purports to have engaged in a commercial cannabis activity of any nature prior to the enactment of this Chapter shall be deemed to have been a legally established use under the provisions of this Code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status. (Ord. 17-1637 § 2)

615250. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council of the City of Carson hereby declare that they would have adopted this Chapter and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. (Ord. 17-1637 § 2)