§ 158.032 ENFORCEMENT AND PENALTIES. — Eureka Zoning Code

(A) Violations. Any activity that conflicts with this chapter is unlawful, constitutes a public nuisance, and is subject to the remedies and penalties provided for in this section.

(B) Enforcement authority.

(1) The City Manager has the primary responsibility to enforce this chapter, in partnership with the Enforcement Officer as provided in Municipal Code § 10.35 (Administrative Citations) et seq.

(2) The City Manager will coordinate enforcement of this chapter as needed with the Development Services Director, Police Chief, City Attorney, Building Official, Public Works Director, and/or any other city official(s) as appropriate.

(C) Inspections, access, and entry.
(1) Pre-approval inspections, access, and entry.

(a) An applicant requesting a commercial cannabis license must allow city staff to access the property subject to the application.

(b) An owner's or owner's authorized agent's signature on the application form authorizes city staff to enter the subject property to evaluate a proposed project.

(2) Post-approval inspections, access, and entry.

(a) After a commercial cannabis license is approved, the licensee must allow city staff to access the property to determine continued compliance with the license and mitigation measures.

(b) A licensee must allow city staff to examine facility records to ensure compliance with the terms of the commercial cannabis license.

(D) Remedies.

(1) Available actions. To correct and/or abate a violation of this chapter, the city may take any or all of the actions below. Actions taken will reflect the nature and severity of the violation, threats to the public health and safety, a licensee's history of violations, and other relevant factors as determined by the city.

(a) Notice of violation. The city may issue a Notice of Violation as provided in Municipal Code § 10.45 (Notice of Violation) that specifies a date by which the violation must be corrected.

(b) Administrative citation. The city may issue an Administrative Citation as provided in Municipal Code § 10.39

(Administrative Citations) which imposes an administrative fine for the violation.

(d) Revoke license. The city may revoke the cannabis license as provided in § 158.032(F) (License Revocation).

(e) Withhold other permits. The city may deny or withhold additional permits and approvals for the property subject to the violation.

(f) Approve license with conditions. If the violation occurred prior to issuance of a commercial cannabis license, the city may approve the license subject to the condition that the violation be corrected.

(g) Stop work. With or without revoking a commercial cannabis license, the city may stop work, in whole or in part, on any building, structure, lot, or use.

(h) Termination of utility service. The city may terminate utility service or services to the building, structure, lot, or use.

(i) Criminal citations. The city may issue a criminal citation, or file a criminal complaint in-lieu of, subsequent to, or in conjunction with an administrative citation.

(j) Other remedies. The city may exercise any and all other remedies and enforcement powers granted by law.

(2) Remedies are cumulative. The remedies and enforcement powers established in this section are cumulative, and the city may exercise them in any order or combination and at any time.

(E) License suspension.

(1) Grounds for suspension. The City Manager may suspend a commercial cannabis license for one or more of the reasons described in § 158.032(F)(1) (Grounds for Revocation).

(2) Notice. The city must provide written notice to the licensee of the license suspension. The city may suspend the license after failure to correct a violation by a date specified, or immediately, if circumstances warrant.

(3) Effect. Suspension of a commercial cannabis license means all commercial cannabis operations must immediately cease, and may not be resumed until the suspended license is re-instated.

(4) Corrected violations. Once all violations are corrected, the city may re-instate a suspended license without a hearing, and commercial cannabis operations may resume.

(5) Administrative hearing.
(a) If all violations are not corrected by the date specified in the written notice, an administrative hearing will be held in the same manner as license revocations. See § 158.032(F) (License Revocation).
(b) At the hearing, the City Manager may continue the license suspension, re-instate the license, re-instate the license with modifications and/or conditions, or revoke the license.
(F) License revocation.

(1) Grounds for revocation. The City Manager may revoke a commercial cannabis license for one or more of the following reasons:

(a) The license was issued based on false or misleading information in the application.
(b) The licensee has failed or refused to allow inspections for compliance.
(c) One or more conditions of license or use permit approval have been violated, or have not been complied with, or fulfilled.
(d) The licensee has violated a requirement in this chapter.
(e) The licensee's state license has been revoked, terminated, or not renewed.
(f) The licensee has violated the Eureka Municipal Code, any city regulation, or state law.
(g) The licensee has failed to take appropriate action to evict or otherwise remove persons conducting commercial cannabis activities who do not maintain the necessary permits or licenses in good standing with the city or state.
(h) The licensee has been convicted for possession or delivery of any form of illegal drugs.
(i) The licensee has conducted the commercial cannabis facility in a manner that constitutes a public nuisance.

(2) Notice of proceedings. The city must provide written notice of the license revocation proceedings to the licensee and any person who previously requested notice. The notice will state the nature of the violation and the date and place of the administrative revocation hearing.

(3) Administrative hearing. Before any action is taken on a pending revocation, an administrative hearing must be conducted not less than 15 days and not more than 60 days from date of notice. The City Manager will serve as the hearing officer and the hearing must be conducted consistent with Municipal Code § 10.51 (Conduct of Hearings).

(4) Decision. Following the Administrative Hearing, the City Manager may revoke the license upon finding that one or more of the grounds for revocation in § 158.032(F)(1) (Grounds for Revocation) applies. Alternatively, the City Manager may:

(a) Allow the permit holder additional time to correct the violation or non-compliance;
(b) Modify the license conditions of approval; or
(c) Determine that the violation has been corrected and end abatement proceedings.
(5) Notice of decision. The City Manager will issue a written decision within five days of closing the administrative hearing. Written notice of the decision must be provided to the licensee and any other persons who previously requested notice.

(6) Appeals. The City Manager's decision may be appealed to the City Council in accordance with Municipal Code § 39.01 et seq. (Appeals).

(7) Effective date. If the City Manager's decision is not appealed, the decision is final and effective 30 days after the decision is made. For decisions appealed to the City Council, the decision is final when the City Council makes a final decision on the appeal.

(8) Effect of revocation.

(a) The revocation of a license has the effect of terminating the approval and denying the privileges granted by the license.

(b) The prior holder of a revoked license may not apply for a new license for the same or substantially similar use on the property or in any other location in the city within one year of the permit revocation.

(G) Effect of use permit expiration/revocation. If a Conditional Use Permit or Minor Use Permit required for a commercial business expires or is revoked, the commercial cannabis license for the business is automatically revoked without requiring further action by the city.

(Ord. 933-C.S., passed 7-19-22)