Sec. 37-10. - Enforcement.

(a)

Violations.

(1)

An activity performed contrary to this chapter or registration is a violation of the Sonoma County Code and a public nuisance.

(2)

Each and every day during a portion of which a violation exists constitutes a separate and distinct offense.

(b)

Enforcing officer. The agricultural commissioner is authorized to enforce the provisions of this chapter and is the enforcing officer for purposes of Chapter 1.

(c)

Administrative remedies.

(1)

Administrative enforcement action. A violation of this chapter or registration is subject to civil enforcement and abatement methods pursuant to Chapter 1, including but not limited to Sections 1-7, 1-7.3, or an administrative citation pursuant to Section 1-7.6, at the discretion of the enforcing officer.

(2)

Civil penalties. A violation is subject to civil penalties and fines pursuant to Section 1-7.1 or Section 1-7.6, at the discretion of the enforcing officer.

(d)

Stop work order.

(1)

Issuance of stop work order. An activity performed in violation of this chapter or registration is subject to the issuance of a stop work order. Such activity must immediately stop until the agricultural commissioner authorizes the work to proceed.

(2)

Violation of stop work order. A violation of a stop work order constitutes a misdemeanor and a public nuisance, and is subject to the remedies and penalties established by the county, including as set forth in this chapter and Chapter 1.

(e)

Cannabis violations.

(1)

Unregistered cultivation. Unregistered industrial hemp cultivation will be subject to enforcement as an unpermitted commercial cannabis use pursuant to Section 26-88-252.

(2)

Noncompliance with removal or destruction requirements. Industrial hemp removal or destruction in violation of Section 37-9 may, at the discretion of the enforcing officer, be subject to enforcement as an unpermitted commercial cannabis use pursuant to Section 26-88-252.

(3)

High THC content. If a registered industrial hemp sample tests over 5% Total THC, the industrial hemp cultivation site may, at the discretion of the enforcing officer, be subject to enforcement as an unpermitted commercial cannabis use pursuant to Section 26-88-252.

(4)

Enforcement referral. A violation subject to enforcement as an unpermitted commercial cannabis use may be referred to the Department of Permit and Resource Management for enforcement action and abatement.

(5)

Prior violations.

a.

Ineligibility for registration. A person that has been subject to a final enforcement order for conducting commercial cannabis activity without the requisite land use permit or other county authorization is ineligible for registration, and ineligible to provide property owner authorization under this chapter, for a period of 2 years from the date the violation was removed.

b.

Unknowing property owners. This restriction only applies to a property owner when the property owner knew or should have known of the violation, as determined by the agricultural commissioner. It is presumed that the property owner knew or should have known of the violation. The property owner bears the burden of proving by a preponderance of the evidence that this restriction does not apply.

c.

Violations by permit holders. This restriction only applies to a permitted or otherwise authorized person when the final enforcement order is for a separate, hidden, or egregious expansion of the authorized commercial cannabis activity, as determined by the agricultural commissioner.

(f)

Suspension or revocation of registration. The agricultural commissioner has the sole discretion to suspend or revoke a registration accepted pursuant to this chapter in the event of the following:

(1)

Registration was based on inaccurate or incomplete information;

(2)

Registrant has operated in nonconformance with the county code or registration;

(3)

Registrant has failed to pay fees or penalties; or

(4)

Registrant has been subject to a final enforcement order for conducting commercial cannabis activity without the requisite land use permit or other county authorization.

(g)

Remedies are cumulative. All remedies contained in this chapter are cumulative and in addition to other remedies or penalties available under this code or by law.

(Ord. No. 6298, § IV(Exh.), 2-4-2020)