Siskiyou County Municipal Code Ch. 14 Personal Cannabis Cultivation

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Editor's note— Ord. No. 17-14, § I, adopted Dec. 5, 2017, changed the title of ch. 14 from Medical Marijuana Cultivation to Personal Cannabis Cultivation.

Pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, and Government Code sections 25845 and 53069.4, the Board of Supervisors does enact this chapter, which shall be known and may be cited as the "Siskiyou County Personal Cannabis Cultivation Ordinance."

The Board of Supervisors finds and declares the following:

(a) In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996").

(b) The intent of the proposition was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere."

(c) In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7 et seq., and referred to as the "Medical Marijuana Program") to clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances.

(d) Health and Safety Code section 11362.83, both as originally enacted, and as amended by Assembly Bill 1300, further recognize that counties and cities may also adopt and enforce any other ordinances that are consistent with the Medical Marijuana Program.

(e) Local land use authority over marijuana cultivation was upheld by the California Court of Appeal in Browne v. County of Tehama (2013) 213 Cal. App. 4th 704. The court specifically held that "[n]either the Compassionate Use Act nor the Medical Marijuana Program grants … anyone … an unfettered right to cultivate marijuana for medical purposes. Accordingly, the regulation of cultivation of medical marijuana does not conflict with either statute." Similarly, in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court concurred that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land …".

(f) The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes.

(g) The County's unique geographic and climatic conditions, which include dense forested areas receiving substantial precipitation, along with the sparse population in many areas of the County, provide conditions that are favorable to marijuana cultivation. Marijuana growers can achieve a high per-plant yield because of the County's favorable growing conditions. The Federal Drug Enforcement Administration reports that various types of marijuana plants under various planting conditions may yield averages of 236 grams, or about one-half (½) pound, to 846 grams, or nearly two (2) pounds. Based on law enforcement seizures, yields in the County have tended to be at the higher end of this range. The "street value" of a single cannabis plant is substantial. Pound prices for domestically produced high-grade cannabis sold illegally within Northern California can reach Two Thousand ($2,000.00) Dollars to Five Thousand ($5,000.00) Dollars. A single marijuana plant cultivated within the County can thus yield Four Thousand ($4,000.00) Dollars or more in salable marijuana.

(h) Comprehensive regulation of premises used for marijuana cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place.

(i) As recognized by the Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

(j) It is the purpose and intent of this chapter to implement state law by providing a means for regulating personal cannabis cultivation in a manner that is consistent with state law and which balances the needs of medical patients and their caregivers and promotes the health, safety, and welfare of the residents and businesses within the unincorporated territory of the County. This chapter is intended to be consistent with Proposition 215, Senate Bill 420, Proposition 64 and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), as amended from time to time and towards that end, is not intended to prohibit persons from exercising any right otherwise granted by state law. Rather, the intent and purpose of this chapter is to establish reasonable regulations upon the manner in which personal cannabis cultivation for medicinal or adult use may be undertaken in the unincorporated area of the County, including restrictions on the amount of cannabis that may be cultivated in any location or premises, in order to protect the public health, safety, and welfare in the County.

(k) On November 8, 2016, the voters of California adopted Proposition 64. Proposition 64 allows the recreational possession and use of cannabis, as well as the personal cultivation of up to six (6) recreational cannabis plants per residence by adults age twenty-one (21) years and older. While a local jurisdiction may ban the outdoor cultivation of these plants, it may only reasonably regulate indoor cultivation of these plants as expressed in Health and Safety Code section 11362.2.

(l) The limited immunity from specified state marijuana laws provided by the Compassionate Use Act and Medical Marijuana Program does not confer the right to create or maintain a public nuisance. By adopting the regulations contained in this chapter, the County will achieve a significant reduction in the aforementioned harms caused or threatened by the cultivation of marijuana in the unincorporated area of the County.

(m) Attempts to use the general enforcement provisions of this Code to address illegal cultivation of marijuana have been ineffective and procedures specific to marijuana are necessary to address flagrant and pervasive illegal cultivation. The provisions contained in this chapter that are specific to enforcement of the Personal Cannabis Cultivation Ordinance are intended to address these concerns and more effectively address the harms caused by noncompliant marijuana cultivation, while still accommodating the needs of legal adult users and medical patients and their caregivers.

(n) While Code enforcement in the County has historically been complaint-driven, that has never been a precondition to the enforcement of this chapter. Further, the Board of Supervisors recognizes that persons affected by Code violations are frequently reluctant to file complaints, for fear of retaliation. Consequently, for purposes of clarity, no provision of this Code shall be construed to require a formal or informal complaint as a condition to enforcement of this chapter, or to prevent the enforcing officer from undertaking such enforcement on his or her own initiative.

(o) Nothing in this chapter shall be construed to allow the use of cannabis, or allow any activity relating to cannabis, including the cultivation, distribution, or consumption of cannabis, that is otherwise illegal under state or federal law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Siskiyou County District Attorney, the Attorney General of State of California, or the United States of America.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 15-18, § I, 12-8-2015; Ord. No. 17-14, § II, 12-5-2017)

(a) This chapter establishes criteria and standards for personal, noncommercial, cannabis cultivation for medicinal or adult use to the extent authorized by state law. Personal cultivation in strict compliance with both this chapter and state law does not require a local license within the unincorporated area of the County.

(b) The County shall not issue any license allowing mobile delivery of marijuana, and mobile delivery of marijuana is hereby prohibited as provided in Business and Professions Code section 19340.

(Ord. No. 15-18, § II, 12-8-2015; Ord. No. 17-14, § III, 12-5-2017)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

"Church" means a building, together with its accessory buildings and uses, maintained and controlled by a body organized to conduct religious worship and used primarily for religious worship and related activities.

"Collective" means qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients who associate by agreement in order to cooperatively cultivate marijuana for medical purposes. The term "collective" shall include "cooperative" unless the context clearly indicates otherwise.

"County Building Official" means the Deputy Director of Building for the Siskiyou County Community Development Department.

"Cultivation" means the planting and growing of one or more marijuana plant(s) or any part thereof.

"Department" means the Siskiyou County Community Development Department.

"Director" means the Director of the Siskiyou County Community Development Department.

"Enforcing officer" means the Director of the Siskiyou County Community, Development Department or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this chapter.

"Fence" means a barrier constructed of any materials or combination of materials of sufficient strength and dimension to prevent unauthorized entry. The term "fence" does not include bushes, hedgerows, plastic sheeting, cloth material (tarpaulins), or retaining walls.

"Greenhouse" means, for purposes of this chapter, an accessory structure to a residence located on the same premises, legally established with all required permits approved, secure from unauthorized entry and completely enclosed with one or more secure locking doors as the only means of ingress and egress, where plants are grown.

"Harvest" means the drying, processing, or storage of marijuana.

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code).

"Legally established residence" means a structure designed, approved, and maintained for permanent human habitation pursuant to Title 24 or Title 25 of the California Code of Regulations or constructed prior to adoption of the California Building Standards Code by the County of Siskiyou. "Legally established residence" does not include a structure that has been deemed substandard by the County Building Official or his/her authorized agents.

"Marijuana" or "cannabis" is used herein interchangeably and means any part of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" or "cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Marijuana" or "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Marijuana" or "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Outdoors" means any location that is not within a private residence or a fully enclosed and secure accessory structure or greenhouse as defined herein.

"Person" means any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city, county, district in the County of Siskiyou, the State of California, or the United States of America, or any department or agency of any thereof, or other entity, which is recognized by law as the subject of rights or duties, unless this Code expressly provides otherwise.

"Premises" means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

"Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling as defined in Health and Safety Code section 11362.2(b)(5).

"Property owner" means the owner or owners of the subject property, or his, her or their agent or agents, as shown on the last equalized assessment roll or as otherwise known.

"Public library" means a public facility in which literary, musical, artistic, or reference materials are kept for reading, reference or lending.

"Public park" means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

"Qualified patient" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7.

"Responsible party" means:

(1) Each Person, other than a minor, who commits or causes a violation of any provision of this Code to occur, exist, or continue;

(2) Each Person who is the parent or legal guardian of the minor person who commits or causes a violation of any provision of this Code to occur, exist, or continue;

(3) Each Property owner or other Person who, although not a Property owner, nevertheless has a legal right or legal obligation to exercise possession and control over any parcel of real property located within the unincorporated area of the County of Siskiyou, commits, causes, or otherwise allows the violation of any provision of this Code to occur, exist, or continue on such parcel; and

(4) In addition to the business entity itself, each Person who is an owner of that business entity in those cases in which the commission, occurrence, existence, or continuation of the violation of any provision of this Code is most reasonably attributable to that business entity and not to an employee of that business entity.

(5) For purposes of notice and hearing on nuisance abatement, the term "Responsible party" shall mean the Property owner and occupant of the property that is subject to the nuisance abatement case.

"School" means a place for systematic instruction in any branch or branches of knowledge, including public, parochial and nonprofit elementary or secondary schools, attendance at which satisfies the requirements of the Compulsory Education Law (Education Code Section 48200 et seq.).

"Youth oriented facility" means elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a childcare center.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 15-18, § V, 12-8-2015; Ord. No. 15-19, § I, 12-8-2015; Ord. No. 17-14, § IV, 12-5-2017; Ord. No. 20-08, § III, 5-19-2020; Ord. No. 20-11, § I, 6-16-2020)

(a) The cultivation of marijuana on any premises in violation of this chapter is hereby declared to be unlawful and a public nuisance that is subject to abatement in accordance with this chapter, Chapter 5 of Title 1, and/or any other remedy available at law or equity.

(b) Cultivation is prohibited on any parcel unless there is an occupied, legally established residence on the premises that is connected to an approved sewer system or to a County inspected and approved wastewater disposal system.

(c) Cultivation within a residence or any other structure used or intended for human occupancy is prohibited.

(1) Exemption for medicinal and personal use cultivation of six (6) or fewer plants within a private residence. The prohibition set forth in subsection (c), shall not apply to medicinal or personal use cultivation of six (6) or fewer living cannabis plants within a private residence, provided that (1) cultivation is limited to a single cultivation area no larger than one hundred (100) square feet; (2) the cultivation area is secured in a locked space that prevents unauthorized access by minors; and (3) cannabis cultivation is not visible from a public place.

(d) Outdoor cultivation on any premises is prohibited.

(e) Excepting as provided under subsection 10-14.030(c)(1), medicinal and personal use cultivation may only occur on a premises within a detached residential accessory structure to a single-family dwelling unit.

(f) Accessory structures used for cultivation shall meet all of the following criteria:

(1) The accessory structure shall be legally constructed with all applicable permits.

(2) The accessory structure shall be secure from unauthorized entry.

(3) If the accessory structure is a greenhouse, for security and visual screening purposes, it shall additionally be surrounded by a secure solid minimum six (6') foot high fence located within ten (10') feet of the greenhouse, and equipped with a lockable gate.

(g) Cultivation within an accessory structure pursuant to subsection 10-14.030(e) shall not exceed twelve (12) cannabis plants on any premises, inclusive of plants cultivated in the associated single-family residence pursuant to subsection 10-14.030(c)(1).

(h) Cultivation of marijuana in an accessory structure is prohibited on any premises located within the following areas:

(1) Within one thousand (1,000') feet of a school, public park, public library, church, or youth-oriented facility. Distance shall be measured in a straight line from either (a) the nearest exterior wall of the indoor cultivation structure or (b) the nearest fence surrounding the greenhouse cultivation structure or from the nearest exterior wall of the greenhouse cultivation structure, whichever is closer, as applicable, to the nearest property line of the nearest school, public park, public library, church, or youth-oriented facility.

(2) In any location where the marijuana plants would be visible from any public right-of-way or publicly traveled private roads at any stage of their growth.

(i) All persons and entities engaging in the cultivation of marijuana shall:

(1) Have a legal water source on the premises;

(2) Not engage in unlawful or unpermitted surface drawing of water for such cultivation; and/or

(3) Not permit illegal discharges of water from the premises.

(j) Marijuana cultivation shall not adversely affect the environment or the public health, safety, or general welfare by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of plant or animal poisons, or hazardous materials, processes, products or wastes, or by any other way.

(k) No person owning, leasing, occupying, or having charge or possession of any parcel or premises within the County shall cause, allow, suffer, or permit such premises to be used for the cultivation of marijuana in violation of this Code.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 15-18, § VI, 12-8-2015; Ord. No. 15-19, § II, 12-8-2015; Ord. No. 17-14, § V, 12-5-2017)

Editor's note— Ord. No. 17-14, §§ VI, VII, adopted Dec. 5, 2017, repealed §§ 10-14.040 and 10-14.050, which pertained to exceptions and residency requirements, and derived from Ord. No. 15-04, § I, adopted Apr. 7, 2015.

(a) The unlawful or unpermitted surface drawing of water for cultivation is prohibited.

(b) The discharge of contaminated water from the premises is prohibited.

(c) All chemicals used in the cultivation and/or harvest of marijuana shall be used, stored, and disposed of pursuant to applicable laws and regulations.

(d) All power sources, electrical fixtures, and electrical conveyances used in the cultivation and/or harvest of marijuana shall be installed, connected, and maintained pursuant to applicable laws and regulations.

(e) If a generator is used for any purpose related to the cultivation, harvest, or processing of marijuana, said generator shall be located at least one hundred (100') feet from all property lines and generate noise levels not exceeding forty-five (45) dB at the nearest property line.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 17-14, § VIII, 12-5-2017)

Editor's note— Ord. No. 17-14, § VIII, adopted Dec. 5, 2017, repealed § 10-14.070, which pertained to medical marijuana collectives, and derived from Ord. No. 15-04, § I, adopted Apr. 7, 2015.

Nothing in this chapter shall be construed as a limitation on the county's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.

(Ord. No. 15-04, § I, 4-7-2015)

Notwithstanding any other provision of this Code, this section may be used to enforce the provisions of this chapter.

(a) Abatement—Initiation of Proceedings. The Board of Supervisors on its own motion or an enforcing officer may invoke the provisions of this chapter in lieu of or in addition to instituting civil enforcement proceedings or a criminal prosecution as to any violation of this chapter that has occurred or is occurring or as to any other related nuisance.

(b) Notice. Any and all notices, findings and orders required by this chapter may be served by any of the following methods:

(1) By personal service on the Responsible party.

(2) By first class and certified mail, postage prepaid, return receipt requested, to the Responsible party at the address shown on the last available equalized secured property tax assessment roll for the property on which the violation occurred or exists, or any other address of each Responsible party otherwise known to the Enforcing officer, and by posting in a prominent and conspicuous place on the property at which the violation occurred or exists or abutting public right-of-way; however, if access is denied because a common entrance to the property is restricted by a locked gate or similar impediment, the property may be posted at that locked gate or similar impediment. Service by certified mail and posting shall be deemed complete on the date a notice, finding, or order has been both mailed and posted as set forth herein, a return receipt is not required.

(c) Except as to an act or condition that constitutes an immediate threat to public health or safety, or where, pursuant to Section 10-14.100(c) an administrative fine may be imposed concurrently and immediately, every abatement notice issued under this section shall permit the owner or possessor of the site upon which the nuisance exists at least five (5) calendar days in which to voluntarily abate the nuisance.

(d) Every notice of abatement issued under this section shall state:

(1) The act or condition which constitutes the nuisance or violation;

(2) Any provision of this chapter, or any other provision of the Siskiyou County Code, deemed to have been violated by the commission of the act or the existence of that condition;

(3) The maximum amount of time for voluntary abatement of the nuisance;

(4) The name, address and telephone number of the person who caused the notice to be served;

(5) The amount and basis for any administrative fine or penalty to be imposed as such fine or penalty is set forth in this chapter or in any other part of the Siskiyou County Code;

(6) For a second or subsequent notice issued under this chapter that identifies the same, ongoing violations, the second or subsequent notice may additionally include:

i. The total number of days between the prior notice and the present notice of each continuing identified violation;

ii. The amount of fine, per day, being imposed for the identified violation;

iii. The total amount of fine imposed based on subsections (a) and (b) for the identified violation of this chapter or any other part of the Siskiyou County Code;

(7) an admonishment that the County may seek recovery of its costs of investigation, enforcement, and abatement pursuant to Chapter 5 of Title 1;

(8) an order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the notice; and

(9) The time within which the owner or possessor of the site may request a hearing before the Board of Supervisors or any person or body authorized to hear the matter on its behalf, and that if so requested, a hearing will be held as provided in subsection (f).

The failure of any person to receive a notice given pursuant to this subsection (b) shall not constitute grounds for any court to invalidate any subsequent action by the County or any of its officers, agents or employees to abate the nuisance.

(e) Demand for Hearing.

(1) If the owner or possessor of the site demands a hearing within the time set forth in subsection (e)(2), the Board of Supervisors or the person or body authorized to hear the matter on behalf of the Board shall set the matter for hearing to be held pursuant to subsection (f). If no demand for a hearing is made within the time provided in the abatement notice, the Board of Supervisors or the person or body authorized to act on its behalf may set the matter for hearing to be held pursuant to subsection (f) whenever a hearing is deemed necessary to substantiate the need for abatement by the County or the public interest will be served. The Board of Supervisors or the person or body authorized to act on its behalf may dispense with a public hearing and elect to proceed under the provisions of subsection (g) if it determines that a sufficient factual basis exists to warrant abatement by the County.

(2) Any recipient of a notice to abate may contest the factual or legal grounds of the notice by completing a Request for Hearing form and returning it to the Director of the Department that issued the notice within ten (10) days from the date the notice was served.

(3) The failure of a Responsible party to file an appeal in accordance with the provisions of this section shall constitute a waiver of the Responsible Party's rights to administrative determination of the merits of the notice to abate and the amount of any associated penalty or fine. If no appeal is filed, or if the appeal is abandoned in writing, or by a failure to appear at a hearing without being excused, the notice to abate shall be deemed a final administrative order, a forfeiture of any penalty or fine, and a failure to exhaust the Responsible party's administrative remedies.

(f) Hearing Procedures.

(1) The enforcing officer with jurisdiction to cause the abatement of the alleged nuisance shall first describe the acts or conditions constituting a nuisance and the basis for any administrative fine or penalty to be imposed, and shall then present evidence specifically addressing the grounds set out in the notice of abatement. Thereafter, the objector may present evidence to refute the enforcing officer's allegations.

(2) A hearing held under this subsection shall be conducted pursuant to rules of procedure adopted or approved by the Board of Supervisors. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this chapter except to the extent that the Board of Supervisors otherwise provides by rule of procedure. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(3) At the conclusion of the hearing, the Board of Supervisors or the person or body authorized to act on its behalf shall determine, based on the evidence before it:

(i) Whether the acts or conditions specified in the notice of abatement exists;

(ii) Whether those acts or conditions constitute a nuisance;

(iii) If a nuisance is determined to exist, whether it should be abated by the county;

(iv) If a nuisance is determined to exist, or to have existed when the notice of violation was given, whether a fine or penalty shall be imposed, and the amount thereof; and

(v) If a nuisance is determined to exist, any civil administrative penalty that will be assessed pursuant to section 10-14.100.

(4) If the Board or person or body authorized to act on its behalf finds that the alleged nuisance does exist and should be abated, abatement of the nuisance shall be ordered. An order to abate a nuisance is final immediately, unless the order or a provision of this code expressly provides otherwise.

(g) Abatement by Owner or County. A copy of the written findings of fact and order of abatement shall be served personally or by mail upon all persons upon whom the notice of abatement was served. The order may direct that any occupancy, use or activity cease immediately if its existence or continuation is found to be an immediate threat to health or safety. Otherwise, abatement shall be commenced by the owner within five (5) calendar days of the service of the findings of fact and the order, or any longer period provided in the order, and shall continue with reasonable diligence until complete. If the work is not commenced and completed in that manner, the enforcing officer or other designated county officer or employee shall proceed to abate the nuisance. The cost of abatement, including, but not limited to, the costs of inspection, actual work done, and the abatement proceedings, shall constitute the cost of the abatement within the meaning of Government Code section 25845 and may be specially assessed against the parcel of land upon which the abatement occurs as provided in that section. The cost of abatement may also be recovered in a civil action brought by the county to abate any existing nuisance or to enjoin any pending or threatened violation of this Code.

(h) Nonexclusive Remedy. This section is an alternative to and does not supersede any other provision of law that authorizes a nuisance to be abated or enjoined.

(Ord. No. 15-18, § III, 12-8-2015; Ord. No. 20-08, § IV, 5-19-2020; Ord. No. 20-11, § II, 6-16-2020)

(a) Any responsible party or property owner may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer. A responsible party or property owner abating unlawful marijuana cultivation hereunder shall notify the enforcing officer upon completion of abatement and shall provide evidence that the unlawful marijuana cultivation has been lawfully disposed of or lawfully relocated to another premises in compliance with this chapter or outside the county. Evidence of abatement may include, but is not limited to, leaving cut plants in place as directed by the enforcing officer so as to allow inspection of the cuttings by the enforcing officer prior to disposal or relocation of the cuttings. Abatement shall not be deemed completed until evidence of the abatement, as provided in the directions of the enforcing officer, is verified by an enforcing officer.

(b) Failure of the responsible party or property owner to provide evidence of abatement in the method directed by the enforcing officer shall be subject to a fine of five thousand and no/100ths dollars ($5,000.00) for cultivations in the size of thirteen (13) cannabis plants or more.

(Ord. No. 21-03, § II, 3-16-2021; Ord. No. 21-05, § I, 4-6-2021; Ord. No. 21-19, § I, 12-7-2021)

In addition to any other remedies provided by this Code or State law, there is hereby imposed the following civil penalty for each violation of this chapter and/or each violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements as a result of, or to facilitate, unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required, as imposed by the enforcing officer:

(a) Where a reasonable period of time to correct or remedy the violation prior to imposition of the penalty has been provided, up to five thousand dollars ($5,000.00) per day per violation for each day that the violation continues.

(b) The enforcing officer shall have the sole and exclusive discretion to impose the civil penalties set forth in this section. The enforcing officer shall not impose a penalty set forth in this section, unless the enforcing officer's department has established a written policy setting forth how civil penalties are determined. Such policy may take into account the facts and circumstances of the violation including, but not limited to, whether or not the violation poses a threat to human health, safety or to the environment; the seriousness or gravity of the violation; the length of time the violation has existed; the culpability of the person in violation or the willfulness of the violation; the sophistication of the persons creating or causing the violation; the extent of the violation and its effect on adjoining properties; attempts, if any, to comply with the applicable ordinances; and any other information which might be relevant to the determination of penalty to be imposed by this section.

(c) Immediate imposition of penalty or fine.

(1) Pursuant to Government Code Section 53069.4(a)(2)(8), or as that section may be amended from time to time, commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code is declared to be a public nuisance and the enforcing officer may immediately impose a civil penalty for the violation of zoning restrictions or building, plumbing, electrical or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. When civil penalties are immediately imposed the penalties shall be limited up to one thousand dollars ($1,000.00) per day per violation, not to exceed ten thousand dollars ($10,000.00) per day, for each day the violation(s) continues.

A civil penalty imposed under this subsection shall be imposed upon the property owner and, if any, upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity. The property owner and each owner of the occupant business entity, if any, shall be held jointly and severally liable for the civil penalty. If the Responsible party abates the nuisance or violation within the voluntary time period provided on the notice to abate, the director of the enforcing Department may cancel the civil penalty.

(2) Exception to immediate imposition of penalty or fine. Pursuant to Government Code § 53069.4(a)(2)(E) prior to the imposition of administrative fines or penalties, the enforcing officer shall provide for a reasonable period of time, no longer than five (5) days from the time and date of notice, to correct the violation after considering the circumstances of the case, if all of the following are true:

(i) A tenant is in possession of the property that is the subject of the administrative action.

(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits commercial cannabis activity.

(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.

(e) Interest. Any administrative fine and penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the thirtieth day after the penalty becomes a final decision or order.

(f) Right to Judicial Review. Pursuant to Government Code § 53069.4, within twenty (20) days after service of the final order or decision pursuant to the hearing held under subsection (d), a person contesting the final administrative order or decision may seek review by filing an appeal with the Superior Court.

(g) Enforcement and Collection of Fines. The County may collect any past due fine or late payment charge, and may also recover its collection costs, by use of all available legal means. The failure of any person to pay a fine assessed under this chapter, or a late payment charge or collection costs related to a notice to abate, by the due date shall constitute a debt to the County. The County may seek payment of the debt by use of all available legal means, including, but not limited to, the following:

(1) The county may refer the debt for collection.

(2) The County may file a civil action in the Superior Court or the Small Claims Court to recover the debt including, but not limited to, the remedies of money judgment or foreclosure.

(Ord. No. 15-18, § IV, 12-8-2015; Ord. No. 20-08, § V, 5-19-2020; Ord. No. 20-11, § III, 6-16-2020; Ord. No. 23-12, § I, 12-5-2023; Ord. No. 24-02, § I, 2-6-2024)