Yuba County Municipal Code Art. 5 Enforcement

The Office of the Yuba County Sheriff and/or the Director of the County Department that has been assigned responsibility for administration of Code Enforcement services are hereby designated to enforce this Chapter.

(Ord. No. 1542; Ord. No. 1563)

To enforce the provision of this Code, an Enforcement Officer may at a reasonable time request inspection of any parcel suspected of cultivating marijuana. If the person owning or occupying the parcel refuses the request for an inspection, the Enforcement Officer shall have recourse to every remedy provided by law to secure entry, including obtaining an inspection warrant.

(Ord. No. 1542; Ord. No. 1563)

A. It is unlawful and a violation of this Chapter for any person to permit a public nuisance to exist upon real property in which such person has an ownership or possessory interest.

B. It shall be unlawful and a violation of this Chapter to do anything in contrary to the guidelines set forth in this Chapter.

C. Each person violating this Chapter shall be guilty of a separate offense for each and every day, or portion thereof, which any violation of any provision of this Chapter is committed, continued, or permitted by any such person. Any violation which persists for more than one day is deemed a continuing violation.

(Ord. No. 1542; Ord. No. 1563)

A. Any violation of this Chapter may be deemed a public nuisance and is subject to any enforcement process authorized by law or as outlined in this Code.

B. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the County of Yuba or any other governmental entity to enforce County ordinances, to abate any and all nuisances, or employ any remedy available at law or equity.

C. Issuance of a warning shall not be a requirement prior to using any enforcement provision of this Code. Violations are not tiered and are subject to enforcement without warning.

D. The remedies provided in this Chapter are cumulative to all other remedies now or hereinafter available to abate or otherwise regulate or prevent violations related to the cultivation of marijuana.

(Ord. No. 1542; Ord. No. 1563)

A. Upon making a determination that a public nuisance exists, the Enforcement Official shall notify the owner and/or the alleged violator that a public nuisance exists. As to an owner, the notice and order to abate shall be delivered by personal service or by certified, return receipt mail, with postage prepaid, addressed to the owner as such owner's name and address appears on the last equalized assessment roll or to such other address as the owner directs. As to an alleged violator whom the Enforcement Official has determined directly or indirectly contributed to the condition creating the nuisance, the notice and order to abate shall be delivered by personal service or by certified, return receipt mail, with postage prepaid, to the last known address of the alleged violator. In addition, the notice and order to abate shall be delivered by first class mail, with postage prepaid, addressed to the owner and/or alleged violator at the same addresses. A copy shall also be posted on the property. The Enforcement Official shall complete a proof of service.

B. The notice and order to abate shall describe the use or condition which constitutes the public nuisance, and shall order that the uses or conditions constituting the nuisance be abated by demolition, securing, removal, cleanup, repair or other means within a reasonable time certain, normally being three business days, as determined necessary for such abatement by the Enforcement Official. Based upon the nature and complexity of the abatement process, the Enforcement Official shall identify the date certain for compliance on the notice and order to abate public nuisance.

(Ord. No. 1542; Ord. No. 1563)

A. Any person who violates this Chapter shall be guilty of a separate offense for each and every day, or portion thereof, the violation is committed, permitted or continued. In addition to the actual abatement and/or administrative costs incurred by the County any person who has been issued a notice and order to abate public nuisance shall be assessed an administrative penalty as follows:

1. A penalty of $100.00 for each violation of this Code per day as set forth in the notice and order to abate.

2. A penalty of $200.00 for each violation of this Code per day when a second violation of this Code occurs within 18 months of a previously issued notice and order to abate.

3. A penalty of $500.00 for each violation of this Code per day for each subsequent violation of this Code beyond the second when the violation occurs within 36 months of the original notice and order to abate.

B. For the purpose of calculating the daily administrative penalty, each offense of any Section of this Chapter shall be charged as a separate violation; in addition, each marijuana plant in violation of this Chapter shall be charged as a separate violation.

C. The administrative penalty, pursuant to this Section, shall begin to accrue upon the expiration of the time to remedy the violations as set forth in the notice and order to abate public nuisance and shall continue to accrue until the date compliance with the order has been met and verified by the Enforcing Officer. In the event an appeal has been properly filed with the County, the appeal shall have no effect on the administrative penalty and said penalty shall continue to accrue during the pendency of the hearing. At the conclusion of the hearing the Yuba County Board of Supervisors is authorized to modify or waive the administrative penalty for cause and shall make express findings into the record for such modification or waiver.

(Ord. No. 1542; Ord. No. 1563)

A. All costs and penalties associated with the enforcement of this Chapter are the responsibility of the owner(s) of any parcel(s) on which a nuisance has been found to exist and such costs shall be paid within 30 days of the date of demand thereof.

B. Where costs and penalties go unpaid beyond 30 days, the Enforcement Official shall take action to confirm the costs, record a lien and place a special tax assessment pursuant to procedures as set forth in Chapter 7.36 of the Yuba County Ordinance Code.

(Ord. No. 1542; Ord. No. 1563)