Chapter 120 — CANNABIS REGULATIONS

It is the intent of the city to encourage responsible personal and commercial cannabis activities and to discourage violations of related state laws, especially those that prohibit the sale, use, or distribution of cannabis and cannabis products to minors. It is not the intent of the city to expand, reduce, or alter the penalties for violations of state cannabis laws.

(Ord. 2017-007, passed 8-22-17)

For the purposes of this chapter, the following definitions shall apply.

CANNABIS. Has the same meaning as that term is defined by Cal. Business and Professions Code § 26001. CANNABIS BUSINESS. Any business engaged in commercial cannabis activity including, but not limited to, a cannabis dispensary, and a cannabis testing laboratory.

(1) CANNABIS BUSINESS shall not include any of the following, as long as the location of such uses are otherwise regulated by this code or applicable law including Cal. Health and Safety Code §§ 1136.7 et seq. :

(a) A clinic licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 1.

(b) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 3.01.

(c) A residential care facility for the elderly licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 3.2.

(d) A residential hospice or a home health agency licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 8 and Chapter 8.5.

(2) CANNABIS BUSINESS as defined herein is not intended, nor shall it be construed, to apply to the cultivation, delivery, gift, or furnishing of cannabis by a qualified patient, a primary caregiver, or other person with an identification card as defined in Cal. Health and Safety Code §11362.7 provided such activity complies strictly with all applicable state law, including but not limited to, Cal. Health and Safety Code §§ 11362.5 and 11362.765. CANNABIS DELIVERY. Any cannabis business that, pursuant to a Type 10 or Type 12 state cannabis license, delivers, makes available, or distributes cannabis and cannabis products to a consumer.

CANNABIS DISPENSARY. Any physical location where medicinal or adult use cannabis or cannabis products are sold at retail to customers pursuant to Business and Professions Codes §§ 26000 et seq.

CANNABIS FOR PERSONAL USE. The use or possession of cannabis that does not require a license pursuant to Cal. Business and Professions Code §§ 26000 et seq.

CANNABIS TESTING LABORATORY. A laboratory licensed pursuant to Business and Professions Codes §§ 26100 et seq. that meets the accreditation criteria in the International Organization for Standardization (ISO) guidelines known as ISO 17025. A Cannabis Testing Laboratory may test for cannabinoids, pesticides, water activity (microbial growth), and other substances in cannabis and cannabis products. A Cannabis Testing Laboratory may conduct other testing unrelated to cannabis.

COMMERCIAL CANNABIS ACTIVITY. Includes the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, including industrial manufacturing activities, or sale

of cannabis or cannabis products that require a state license pursuant to Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code §§26000 et seq. ).

COMMERCIAL CANNABIS WASTE. Cannabis plants and plant materials that are discarded by a cannabis business, including but not limited to extra vegetative plants, failed clones, and harvest waste. Said waste shall be documented, shredded, blended 50/50 with shredded cardboard or paper, bagged up, and taken to a transfer station/landfill. Any reuse or recycling of the shredded materials for hemp paper or cloth shall be covered under a development agreement or conditional use permit. This definition shall not apply to indoor cultivation.

CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

CULTIVATION SITE. The location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occur.

DAY CARE. A facility, center, or home requiring a license that is issued by the State of California which provides for the care, health, safety, supervision, or guidance of a child’s social, emotional, and educational growth on a regular basis, in a place other than the child’s own home, or any facility meeting the definition of California Health and Safety Code §1596.76.

GROUP HOME. Any community care facility regulated and licensed by a federal or state agency. Unlicensed community care facilities or those community care facilities the regulation of which is not otherwise preempted by state or federal law shall not constitute group homes.

INDOOR CULTIVATION. The cultivation of cannabis for personal use within a fully enclosed and secure structure that has a complete roof in which cannabis plants cannot be seen from any public right of way. Indoor cultivation does not include any commercial cannabis activity.

OUTDOOR CULTIVATION. The cultivation of cannabis that does not meet the definition of indoor cultivation. PRIMARY CAREGIVER. Has the same meaning as that term is defined by Cal. Health and Safety Code §§ 11362.7.

QUALIFIED PATIENT. Has the same meaning as that term is defined by Cal. Health and Safety Code §§ 11362.7. YOUTH CENTER. Any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. 2017-007, passed 8-22-17)

(A) Any cannabis business that does not have all applicable state licenses is prohibited within the city.

(B) Any cannabis business allowed in the city shall be permitted pursuant a development agreement, a city business license, a conditional use permit, or a combination of the three, as set forth in this chapter.

(C) At the time of application to the city, every cannabis business applicant shall submit to the Director of Community Development or his/her designee a copy of its state license or state license application required for its operation.

(Ord. 2017-007, passed 8-22-17)

REGULATIONS FOR CULTIVATION OF CANNABIS FOR PERSONAL USE

(A) It shall be unlawful for any person to cultivate cannabis outdoors for personal use within the city.

(B) It shall be unlawful for any person to cultivate cannabis for personal use within a private residence without first having secured an Administrative Cultivation Permit from the Community Development Department.

• (C) A person shall be limited to a maximum of one Administrative Cultivation Permit at a time.

• (D) An Administrative Cultivation Permit is not transferable. The Administrative Cultivation Permit shall only be used by the permittee to whom it is issued.

• (E) Administrative Cultivation Permit shall expire one year from the date of approval and may be renewed annually.

• (Ord. 2017-007, passed 8-22-17)

• (A) An applicant shall be at least 21 years of age.

• (B) The Administrative Cultivation Permit application shall require all of the following:

• (1) Written consent signed by the legal property owner of the intended cultivation.

• (2) Identification of any chemicals, fertilizers, or pesticides that will be used to cultivate plants to aid public safety officials in case of an emergency response to the location.

• (C) An applicant shall pay a nonrefundable Administrative Cultivation Permit application fee as established by resolution of the City Council.

(D) Within 60 calendar days, the city will provide written notification of the complete application to the applicant, indicating whether the application has been approved or denied.

• (Ord. 2017-007, passed 8-22-17)

(A) A private residence shall not include more than one cultivation site.

(B) A person shall not cultivate more than six living plants at a private residence. All marijuana plants and anything produced by the plants shall be kept within the permit holder’s private residence, or upon the grounds of that private residence, and not be visible by normal unaided vision from a public place.

(C) A private residence shall not also be used for a day care, youth center, or group home. The private residence shall remain occupied and is required to maintain a functioning kitchen, bathroom(s), and the use of the two-car garage for their intended purposes.

• (D) Each of the following shall apply to the cultivation site:

• (1) The cultivation site shall be located within the private residence.

(2) To prevent safety hazards, the private residence shall not have plumbing, electrical, or other utilities that violate applicable local or state regulations. To prevent persons under 21 years of age from entering the cultivation site, the cultivation site shall have lockable door(s).

(3) The cultivation site shall not produce odors, sounds, or other emissions that are detectable by persons with reasonable sensitivity.

• (E) All of the following shall be prohibited in the cultivation site:

(1) Volatile solvents including, but not limited to explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2.

(2) Dangerous poisons, toxins, or carcinogens, such as Methanol, Iso-propyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloro-ethylene, unless evidence of a current license to operate such solvents is provided.

• (3) Generators or gas products used to power electrical or lighting fixtures or equipment.

(F) Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence at any one time.

(G) Each applicant shall pass an initial inspection of their cultivation site by a city inspector to ensure that the private residence meets the requirements of § 120.13 and does not pose a health or safety risk to the Applicant or public. If the inspection is denied, the applicant will have ten calendar days to have the cultivation site re-inspected. (Ord. 2017-007, passed 8-22-17)

• (A) An Administrative Cultivation Permit may be renewed no sooner than 60 days of expiration.

• (B) The Administrative Cultivation Permit holder may be subject to a re-inspection of the cultivation site by the city inspector upon 24 hours’ notice.

(C) Renewal of an Administrative Cultivation Permit is subject to a renewal fee as approved by resolution by the City Council.

(Ord. 2017-007, passed 8-22-17)

(A) The city may suspend or terminate an Administrative Cultivation Permit at any time for failure to comply with this chapter or state law or regulation.

(B) If a person’s Administrative Cultivation Permit is suspended, terminated, or expired, the permit holder’s marijuana plants that exceed 28.5 grams may be assessed fines by the city until both of the following are met:

• (1) The person reinstates their Administrative Cultivation Permit.

• (2) The person pays an administration penalty pursuant to § 120.61 Penalties.

(C) A person may appeal any suspension or termination of an Administrative Cultivation Permit pursuant to § 120.60.

(Ord. 2017-007, passed 8-22-17)

(A) Application for Administrative Cultivation Permit in a new private residence. An Administrative Cultivation Permit holder may apply for an Administrative Cultivation Permit for a private residence other than the private residence specified on the existing permit. If the application is approved, the former Administrative Cultivation Permit shall be immediately null and void. If the application is denied, the existing Administrative Cultivation Permit shall continue under its applicable terms and conditions. If the applicant appeals a denial of the application, the existing Administrative Cultivation Permit shall continue under its applicable terms and conditions.

(B) Application for a Different Cultivation Site within the same private residence. If a current Administrative Cultivation Permit holder applies for an Administrative Cultivation Permit for the private residence on the existing permit but for a cultivation site other than specified on the existing permit, the existing permit will terminate upon approval of the application.

(C) Application for the Same Cultivation Site in same private residence.

(1) If an additional person applies for an Administrative Cultivation Permit for the same cultivation site within the same private residence of a current Administrative Cultivation Permit holder, a permit shall not be issued if the existing permit has been terminated or suspended. If the Administrative Cultivation Permit is approved for the additional applicant, the total number of marijuana plants within a single private residence shall be limited to six. In no event shall the number of marijuana plants exceed six.

(2) An additional Administrative Cultivation Permit for the same cultivation site shall only be issued if all Administrative Cultivation Permits related to that cultivation site are in good standing with the city. (Ord. 2017-007, passed 8-22-17)

REGULATIONS FOR COMMERCIAL CANNABIS CULTIVATION

(A) A commercial cannabis cultivation business may be permitted within the city pursuant to a development agreement pursuant to California Government Code §§65864 et seq. , known as the Development Agreement Statute. The Development Agreement shall include a Risk Management Plan.

(B) A commercial cannabis cultivation business shall only be allowed in a Cannery District (CD), Industrial District (I), or Light Industrial (M-1) zoning district.

(C) A commercial cannabis cultivation business shall not cultivate outdoors anywhere within the city.

(D) All commercial cannabis cultivation businesses shall comply with all of the following:

(1) Conditional Use Permit. Concurrently with applying for a development agreement, the applicant shall obtain a conditional use permit pursuant to § 153.216 Use Permit of the Riverbank Municipal Code. Information that may be duplicative in the two applications can be incorporated by reference. The conditional use permit shall run with the development agreement and not the land.

(2) Secure building. All commercial cannabis activity shall occur entirely inside of a building that is secure, locked, and fully enclosed, with a ceiling, roof, or other enclosure. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures), and include material strong enough to prevent entry except through an open door. Notwithstanding the foregoing, the roof may be of solid translucent material provided other security measures exist to ensure that the cannabis operation cannot be seen, heard or smelled beyond the property line.

(3) Security plan. A commercial cannabis cultivation business shall comply with security requirements acceptable to the Police Chief on an individual project basis. The security requirements will specify at a minimum provisions for perimeter fencing plan, interior and exterior lighting plan, security camera layouts, security team plan, alarm system details, transportation, remote monitoring, electronic track and trace, fire suppression plan, and record keeping.

(4) Insurance. A commercial cannabis cultivation business shall maintain insurance in the amounts and of the types that are acceptable to the City Manager or his or her designee. The city shall be named as additional insured on all city-required insurance policies.

(5) Waste management plan. A commercial cannabis cultivation business shall submit and comply with an approved commercial cannabis waste management plan describing how cannabis waste will be documented, shredded, blended 50/50 with shredded cardboard or paper, bagged up, and taken to a transfer station/landfill. Any reuse or recycling of the shredded materials for hemp paper and cloth or other uses shall be addressed under a development agreement or conditional use permit. If applicable, the plan shall include a description of measures to be taken relating to light bulb recycling.

(6) Risk management plan. A commercial cannabis cultivation business shall submit and comply with an approved risk management plan, which is used for identifying, analyzing and responding to risk factors throughout the life of the project. The risk management plan shall contain at a minimum these five steps:

(a) Step 1 – An identification of the risks;

(b) Step 2 – An analysis of the risks;

• (c) Step 3 – An evaluation or ranking of the risks;

• (d) Step 4 – Recommended treatment for the risks; and

• (e) Step 5 – Discussion of a method to monitor and review the risks.

(7) Signage. Signage informing the public of a commercial cannabis cultivation business shall conform to the applicable zoning district requirements and include one “green cross” logo, maximum four square feet in size, lighted or unlighted, on the structure near the main entrance to each building for wayfinding. If unlighted, the sign shall be reflective. The green cross shall not count towards the maximum square footage of signage permitted for the site nor restrict the use of green crosses on other signage.

(Ord. 2017-007, passed 8-22-17)

REGULATIONS FOR CANNABIS TESTING LABORATORIES

(A) A cannabis testing laboratory may be permitted with a conditional use permit pursuant to § 153.216 Use Permits.

(B) Cannabis testing laboratories shall only be located in a General Commercial (C-2), Commercial-Industrial

(CM), Downtown General (DG), Cannery District (CD), or Research and Development (R&D) zoning districts.

(C) All cannabis testing laboratories shall obtain the proper state permit(s), maintain a city business license, and maintain compliance with all of the following:

(1) Standard operating procedures. All commercial cannabis activities shall provide a copy of their state-required standard operating procedures.

(2) Secure building. All commercial cannabis activity shall occur entirely inside of a building that is secure, locked, and fully enclosed, with a ceiling, roof, or other enclosure. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures and include material strong enough to prevent entry except through an open door.

(3) Security plan. A cannabis testing laboratory shall comply with security requirements acceptable to the Police Chief on an individual project basis. The security requirements will specify at a minimum provisions for perimeter fencing plan, interior and exterior lighting plan, security camera layouts, security team plan, alarm system details, transportation, remote monitoring, electronic track and trace, fire suppression plan, and record keeping.

(4) Insurance. A cannabis testing laboratory shall maintain insurance in the amounts and of the types that are acceptable to the City Manager or his or her designee. The city shall be named as additional insured on all cityrequired insurance policies.

(5) Waste management plan. A cannabis testing laboratory shall submit and comply with an approved commercial cannabis waste management plan describing how cannabis waste will be documented, shredded, blended 50/50 with shredded cardboard or paper, bagged up, and taken to a transfer station/landfill. Any reuse or recycling of the shredded materials for hemp paper and cloth or other uses shall be addressed under the conditional use permit.

(6) Signage. Signage informing the public of a cannabis testing laboratory shall conform to the applicable zoning district requirements and include one “green cross” logo, maximum four square feet in size, lighted or unlighted, on the structure near the main entrance to each building for wayfinding. If unlighted, the sign shall be reflective. The green cross shall not count towards the maximum square footage of signage permitted for the site nor restrict the use of green crosses on other signage.

(D) This section shall not apply to cannabis testing laboratories established pursuant to a development agreement and conditional use permit.

(Ord. 2017-007, passed 8-22-17)

REGULATIONS FOR CANNABIS DISPENSARIES

• (A) A cannabis dispensary may be permitted pursuant only to a development agreement.

(B) Cannabis dispensaries shall only be located in a General Commercial (C-2), Commercial-Industrial (CM), Cannery District (CD), Highway Boulevard (HB), Downtown General (DG), Downtown Core (DC), Light Industrial (M-1) or Research and Development (R&D) zoning district and at least 600 feet from a school, day care facility, or youth center. Therefore it shall be prohibited and no permit shall be issued in any other zoning district or planned development zone.

(C) All cannabis dispensaries shall obtain any applicable state permit, obtain a city business license, and maintain compliance with all of the following:

(1) Security plan. A cannabis dispensary shall comply with security requirements acceptable to the Police Chief on an individual project basis. The security requirements will specify at a minimum provisions for perimeter fencing plan, interior and exterior lighting plan, security camera layouts, security team plan, alarm system details, transportation, remote monitoring, electronic track and trace, fire suppression plan, and record keeping.

(2) Waste management plan. A cannabis dispensary shall submit and comply with an approved commercial cannabis waste management plan describing how cannabis waste will be documented, shredded, blended 50/50 with shredded cardboard or paper, bagged up, and taken to a transfer station/landfill. Any reuse or recycling of the shredded materials for hemp paper and cloth or other uses shall be addressed under a development agreement or conditional use permit. If applicable, the plan shall include a description of measures to be taken relating to light bulb recycling.

(3) Risk management plan. A commercial cannabis dispensary shall submit and comply with an approved risk management plan, which is used for identifying, analyzing and responding to risk factors throughout the life of the project. The risk management plan shall contain at a minimum these five steps:

• (a) Step 1 – An identification of the risks;

• (b) Step 2 – An analysis of the risks;

• (c) Step 3 – An evaluation or ranking of the risks;

• (d) Step 4 – Recommended treatment for the risks; and

• (e) Step 5 – Discussion of a method to monitor and review the risks.

(4) No loitering signage. A cannabis dispensary shall be posted with “No Loitering” signage and enforce it pursuant to § 130.02 Loitering.

• (Ord. 2017-007, passed 8-22-17)

REGULATIONS FOR CANNABIS DELIVERY

All cannabis delivery is prohibited within the city unless the cannabis business obtains a city business license and maintains compliance with § 120.40 and § 110.19 Delivery by Vehicle.

(Ord. 2017-007, passed 8-22-17)

APPEALS AND ENFORCEMENT

(A) Any permit applicant may appeal any adverse decision taken with respect to a permit application under this chapter to the City Council.

(B) Appeals of adverse decisions related to permit applications must be taken within 30 days after the adverse action by filing with the office of the City Clerk a written notice of appeal specifying the grounds thereof. An appeal shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council from time to time.

(C) The City Clerk, upon the filing of such appeal and payment of an appeal fee, shall place the matter upon the agenda for the next regular meeting of the City Council occurring not earlier than five days after the filing of the appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard.

(Ord. 2017-007, passed 8-22-17; Am. Ord. 2024-003, passed 8-27-24)

(A) Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Cal. Code of Civil Procedure § 731 or any other remedy available to the city.

(B) In addition to any other enforcement permitted by this chapter, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party.

(C) Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be $250 for the first offense, $500 for the second offense, and $1,000 for any subsequent offense.

(D) In addition to any other enforcement permitted by this chapter, violations of this chapter shall be subject to an administrative penalty. Any responsible party violating any provision of this chapter may be issued an administrative citation by a public official in accordance with this chapter. The administrative citation penalty for each and every cannabis plant cultivated in violation of this chapter shall be: (1) $1,000 per plant; plus (2) $100 per plant per day that the plant remains uncorrected past the deadline set forth in the administrative citation.

(E) Notwithstanding the other provisions of this section, the city may immediately assess fines for violations of the city's building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of or to facilitate, the cultivation of cannabis, without first providing an opportunity to correct the violation, unless any of the following are true:

(1) A tenant is in possession of the property that is the subject of the administrative action;

(2) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; or

(3) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

(F) Each and every day a violation of the provisions of this chapter exists constitutes a separate and distinct offense and shall be subject to citation.

(G) Neither imposition nor payment of an administrative penalty shall relieve the responsible party from their obligation to correct the violation, nor shall it bar further enforcement action.

(Ord. 2020-009, passed 7-28-20)

(A) Administrative penalties issued under this chapter may be appealed as follows:

(1) Request for appeal hearing. Any person, corporation, entity, or responsible party against whom administrative penalties have been assessed under this chapter may appeal the violation and the issued administrative citation penalty, administrative penalty, or administrative fines by filing a written notice of appeal with the City Clerk within 30 days of the date stated on the citation or notice of violation, which shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council. The appeal fee is intended to cover the costs, expenses, and city employees' time incurred by the city in processing, preparing for, and hearing the appeal.

(2) Deposit. Any person, corporation, entity, or responsible party requesting a hearing under this section must pay a deposit to the city equal to 50% of the full amount of the penalty indicated on the notice of violation upon submitting the hearing request with the city. Failure to deposit 50% of the amount of all fines appealed within the 30 day filing period shall result in the request for an appeal hearing being incomplete and untimely, and therefore will not be accepted.

(3) Failure to timely file an appeal hearing request form with the City Clerk, along with the filing fee and deposit, shall constitute a waiver of the right to any appeal hearing, and the penalties stated on the administrative citation or notice of violation shall be deemed confirmed and final.

(4) Hardship waiver. If within the 30-day filing period, the appealing party establishes to the satisfaction of the Director of Finance or designee, by means of tax returns, pay stubs or other similar documentary evidence, and submits a declaration under penalty of perjury that paying the deposit amount would cause undue financial hardship to the appealing party, the Director of Finance or designee may grant a waiver or reduction of the deposit amount required. The Director of Finance's determination is not appealable and shall be final as to the hardship waiver request.

(B) Procedures for appeal hearings for administrative penalties under Chapter 120.

(1) Hearing officer. For any appeal of administrative penalties assessed or otherwise imposed under this chapter, the appeal shall be heard by a neutral hearing officer.

(a) The City Manager is authorized to develop policies and procedures relating to the qualification, disqualification and appointment of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative appeal hearings. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, a conflict of interest or for any other reason for which a judge may be disqualified in a court of law.

(b) The City Council or City Manager shall appoint independent hearing officers for administrative appeal hearings or contract with an organization that provides independent hearing officers.

(2) Notice. The person, business, entity, or responsible party requesting the appeal hearing under this section shall be notified by the City Clerk of the time and place set for the hearing at least ten business days prior to the date of the hearing.

(3) Conduct of appeal hearing.

(a) Testimony at the hearing. At the time set for the appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the city, the appellant, and any other competent persons with respect to the determination of a violation and nuisance or the imposition of an administrative penalty.

(b) Record of oral evidence at hearing. The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.

(c) Continuances. The hearing officer may, upon request by the person, corporation, or entity against whom a penalty is to be imposed, or upon request of the city, grant continuances from time to time for extreme or unusual cause shown, or upon the hearing officer's own motion.

(d) Oaths; certification. The hearing officer or certified shorthand reporter shall administer the oath or affirmation.

(e) Evidence rules. Cal. Gov't Code § 11513(a), (b), and (c) shall apply to all administrative hearings. At the hearing officer's sole discretion, other relevant evidence may be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence.

(f) Burden of proof. The accuracy of the notice and order containing the description of the violations or public nuisance and the actions required to abate such violation or nuisance is deemed a rebuttable presumption and the burden is on the appellant to provide such facts and information to overcome such presumption by a preponderance of the evidence.

(4) Rights of parties.

(a) Each party shall have the following rights among others: to call and examine witnesses on any matter relevant to the issues of the hearing; to introduce documentary and physical evidence; to cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party first called that witness to testify; to rebut the evidence against him or her; and to represent himself or herself or to be represented by anyone of his or her choice.

(b) If a party does not proficiently speak or understand the English language, that party may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have been a resident of the premises or have had any personal relationship with or involvement in the parties or issues of the case prior to the hearing.

(5) Official notice. In reaching a decision, the hearing officer may take official notice, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or which may appear in any of the official records of the city or Stanislaus County or any of their departments.

(6) Hearing officer's decision. Within 30 days of the hearing, the hearing officer shall serve a written order stating the decision made and the reasons for the decision. The order shall become final on the date of service of the order, and a copy shall be served on the appellant by first class mail to the address provided by appellant in the written notice of appeal, and on the City Clerk by first class mail.

• (7) Right to judicial review.

(a) The failure of the person, corporation, entity, or responsible party contesting the administrative penalty under this section to appear at the appeal hearing shall result in a forfeiture of the right to appeal the administrative penalty and shall constitute a failure to exhaust administrative remedies.

(b) Subject to the above provisions of division (B)(7)(a) above, any person aggrieved by an administrative decision of a hearing officer on an administrative penalty may obtain review of the administrative decision by filing an appeal in a court of competent jurisdiction within 20 days after service of the decision in accordance with the provisions of Cal. Gov't Code § 53069.4(b).

(Ord. 2024-003, passed 8-27-24)

(A) The city shall be entitled to recover its abatement and enforcement costs incurred in obtaining compliance with this chapter. Costs incurred by the city are recoverable even if a public nuisance, Municipal Code, or other violation of law is corrected by the property owner or other responsible party.

(B) The cost of abating a public nuisance or enforcing this chapter shall either be a special assessment and lien on the subject property or the personal obligation of the owner of the subject property or the responsible party. If there is more than one responsible party, each party shall be jointly and severally liable for the costs.

(C) For purposes of this chapter, the following additional definitions shall apply:

(1) ABATEMENT COSTS include the actual and reasonable costs incurred by the city to abate a public nuisance. These costs include all direct and indirect costs to the city that result from the total abatement action, including but not limited to, investigation costs, costs to enforce the Municipal Code and any applicable state or county law, clerical and administrative costs to process paperwork, costs incurred to provide notices and prepare for and conduct administrative appeal hearings, and costs to conduct actual abatement of the nuisance. Costs include personnel costs, administrative overhead, costs for equipment such as cameras and vehicles, staff time to hire a contractor, and reasonable attorneys' fees incurred by the city.

(2) ENFORCEMENT COSTS include all actual and reasonable costs incurred by the city to enforce compliance with the Municipal Code and any applicable state, county, or city public health and safety law that are not included within abatement costs. Enforcement costs shall also include, but are not limited to, costs of fringe benefits for personnel, administrative overhead, costs of equipment, costs of materials, costs related to investigations, costs related to issuing and defending administrative or court citations, costs incurred investigating and abating violations of the Municipal Code or state or county law violations, and reasonable attorneys' fees related to these activities.

(3) RESPONSIBLE PARTY means a person or entity responsible for creating, causing, committing, contributing to, or maintaining the violation of this chapter or state or county law, or any person or entity that owns, occupies, leases, manages, or maintains the property on which the violation has taken place.

(4) SUBJECT PROPERTY means the real property that is the subject of any abatement or enforcement action by the city for which the city incurred costs and seeks recovery under this chapter.

(D) In any action, administrative proceeding, or special proceeding to abate a nuisance under this chapter, the prevailing party shall be entitled to recover attorneys' fees. Recovery of attorneys' fees by the prevailing party may be limited to individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding, shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

(Ord. 2024-003, passed 8-27-24)