Chapter 19.02 — JUDICIAL COMPLIANCE

The City may abate a public nuisance by filing criminal or civil actions. The expense of abatement of the nuisance shall be a special assessment against the property on which is its maintained and a personal obligation against the property owner, as authorized by Government Code Section 38773.5 and Section 19.03.020 of this title. (Ord. 04-08 § 3 Exh. B (part))

A qualified patient, person with a valid identification card, or primary caregiver, as those terms are defined in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 1111362.5 and 11362.7 et seq., shall not be subject to criminal liability under California Health and Safety Code section 11570 or other criminal abatement actions or complaints (including under Sections 19.02.010 and 19.02.030 of this chapter) for activities decriminalized pursuant to the Compassionate Use Act (Health and Safety Code Section 11362.5) and the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et seq.) Any qualified patient, person with a valid identification card, or primary caregiver owning or operating any commercial marijuana land use or cultivating marijuana in violation of this Code shall be subject to all other judicial compliance actions set forth in this Chapter 19.02 and all administrative enforcement remedies set forth in Chapter 19.03 of this Code. Nothing in this section shall prevent the criminal enforcement of other violations of this Code or state law. (Ord. No. 11-04, § 2, 5-3-11; Ord. No. 17-05, § 2(Att. A), 9-5-17)

Any provision of the Code may be enforced by a temporary restraining order, a preliminary injunction or a permanent injunction issued by the Superior Court on a suit brought by the City of Orinda. (Ord. 04-08 § 3 Exh. B (part))

The city may refer a code violation to the District Attorney for prosecution under the Penal Code and as set forth in this Section 19.02.030 of this chapter. A. Violation an infraction. No person shall violate a provision of this Code or fail to comply with a requirement of this Code. A person who violates a provision of this Code or fails to comply with a mandatory requirement of this Code or a condition related to a permit is guilty of an infraction unless this Code makes the violation of a particular provision a misdemeanor. An offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of two (2) or more violations of the same offense within the twelve (12) month period preceding the commission of the offense. For this purpose a bail forfeiture is a conviction of the offense charged. B. Penalty for infraction. Under Government Code Section 36900, the penalty by fine for an infraction is as follows: A violation determined to be an infraction is punishable by: A. A fine of one hundred dollars ($100.00) for a first violation; B.

A fine of two hundred fifty dollars ($250.00) for a second violation of the same ordinance within one year; C. A fine of five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. C. Penalty for misdemeanor. A person convicted of a misdemeanor under this Code, unless specific provision is otherwise made, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or both. D. Separate offense. Each person is guilty of a separate offense for each and every day during any portion of which the violation of this Code is committed, continued or permitted by that person. E. Place of imprisonment. Under Section 36903 of the Government Code, imprisonment in the county jail is prescribed as the place for imprisonment for each violation of a city ordinance. F. Violation of specific provisions. Violations of the Titles 5 and 9 of this Code are misdemeanors, except violations of Section 9.04.020, Chapter 9.20 and Chapter 5.08, which are infractions. (Ord. 04-08 § 3 Exh. B (part))

The compliance officer shall cause a lis pendens to be recorded against any real property which is the subject of a judicial action for code compliance, to notify interested persons of the pending enforcement action. (Ord. 04-08 § 3 Exh. B (part))

As appropriate, the compliance officer may pursue an action for an unlawful business practice pursuant to Business and Professions Code Section 17200 et seq. (Ord. 04-08 § 3 Exh. B (part))