Port Hueneme Municipal Code § 3999.5 Remedies cumulative

In addition to other remedies set forth in this Code, violations of this Chapter may be prosecuted as infractions or misdemeanors at the City Attorney's discretion and may be abated as public nuisances. The remedies provided by Sections 3997 through 3999.5 are cumulative and in addition to any other criminal or civil remedies. For purposes of Sections 3997 through 3999.5, violations of this Chapter include (i) violation of the provisions of this Chapter; (ii) violation of any Implementing Resolution; (iii) violation of any administrative policy or procedure promulgated by the City Manager; (iv) violation of the terms and conditions of a Certificate of Approval, development agreement, indemnification agreement, operations plan, development permit, or other permit or agreement associated with a facility; and (v) violation of terms and conditions of a Ministerial Permit issued for cannabis cultivation for personal use.

(Ord. No. 797, § 4, 6-3-24)

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 Chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief.

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

(Ord. No. 797, § 4, 6-3-24)

A. Suspension or Revocation. In addition to any other penalty authorized by law, the director may suspend or revoke a Certificate of Approval for the following reasons:

1. Upon learning that an applicant provided false, misleading or materially incomplete information in connection with its application for a Certificate of Approval or discovering facts that require denial of an application for a Certificate of Approval under this Chapter that were not previously disclosed by the applicant; or

2. Upon occurrence of a violation under this Chapter.

B. Notice of Suspension or Revocation. If the Director elects to suspend or revoke a Certificate of Approval, the Director shall provide written notice of suspension or revocation to the holder of the Certificate at the address of the facility. The notice shall state the basis for the suspension or revocation and provide information regarding the right to appeal. Unless the Director determines there is an imminent threat to public health, safety and welfare and makes the suspension or revocation effective immediately, suspension or revocation of the Certificate of Approval shall not become effective until the time for filing an appeal has passed or, if an appeal is timely filed, until the City Manager has rendered a final decision on the appeal.

(Ord. No. 797, § 4, 6-3-24)

A. A notice of suspension or revocation of a Certificate of Approval may be appealed to the City Council, provided that a request for review (appeal) is filed with the office of the City Manager within ten (10) calendar days from the date on which the written notice of suspension of revocation was mailed to the holder of the certificate. If a request for review is untimely, the City Council may, but is not required to, extend the time for commencing such review for good cause shown.

B. A request for review must be on a form provided by the Community Development Department and contain the following information:

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

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

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

4. Such other information as may be required by the Director.

C. Upon receiving a timely request for review, the City Council, will schedule and conduct a de novo appeal review of the decision of the Director, which shall be heard as soon as the schedule of the City Council permits, but in any event not later than twenty-one (21) business days of receiving the request. At the conclusion of the hearing, the City Council may conclude any of the following:

1. The Director's decision is affirmed;

2. The Director's decision is modified; or

3. The Director's decision is reversed.

D. The City Council's decision may include such terms and conditions as the City Council may determine to be in the interest of public health and safety, including revocation, suspension, or continuation of a Certificate of Approval (with or without modification to conditions of approval).

E. The City Council's decision is final.

F. Notwithstanding any provision of this Chapter to the contrary, any decision or act which is subject to appeal under the sections pertaining to cannabis businesses and/or facilities shall be appealable to the City Council after all other intervening appeals have been exhausted.

(Ord. No. 797, § 4, 6-3-24)

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

(Ord. No. 797, § 4, 6-3-24)

Should a cannabis Certificate of Approval be revoked, the former holder of the Certificate is presumptively disqualified to apply for a new Certificate of Approval in accordance with this Chapter. This presumption may be overcome upon a showing of good cause as to why a Certificate of Approval should be issued following a revocation. Any such showing must be made to the Director's satisfaction.

(Ord. No. 797, § 4, 6-3-24)

If the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, the City is entitled to recover its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the City in such judicial proceeding.

(Ord. No. 797, § 4, 6-3-24)

The remedies provided by this Chapter are cumulative and in addition to any other criminal or civil remedies including, without limitation, those set forth elsewhere in this Code.

(Ord. No. 797, § 4, 6-3-24)