(a)
Any permit applicant may appeal any adverse action taken under this
chapter to the City Council.
(b)
All appeals taken under this chapter must be taken within thirty
(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 (5) 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. No. 1251-17; Ord. No. 1255-18 § 7.]
(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 Section 731 of the Code of Civil Procedure 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 five hundred
($500.00) dollars for the first offense within a 12-month period,
seven hundred fifty ($750.00) dollars for the second offense within
a 12-month period, and one thousand ($1,000.00) dollars for any subsequent
offense within a 12-month period.
(d)
Enhancements for egregious violations.
(1)
In addition to any other enforcement permitted by this chapter, the city may double any administrative penalty for egregious violations of this chapter. Egregious violations include (i) the unpermitted use of volatile solvents in connection with indoor cultivation, (ii) a permittee under Article II, Regulation of Cannabis Cultivation for Personal Use, allowing a minor to consume cannabis from that permittee's indoor cultivation, (iii) for the unpermitted use of volatile solvents in connection with cannabis business, or (iv) a cannabis business allowing minors to consume or possess cannabis or cannabis products.
(2)
If a cannabis business receives four (4) or more penalties for
violating this chapter within any 12-month period, that business shall
be immediately prohibited from operating within the city.
(3)
If a person receives four (4) or more penalties for violating Article II, Regulation of Cannabis Cultivation for Personal Use, within any 12-month period, that permittee's penalty shall be doubled upon the fourth violation and each subsequent violation thereafter.
[Ord. No. 1251-17; Ord. No. 1255-18 § 7.]
(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 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, or maintaining the violation of
this chapter or state or county law.
(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.
[Ord. No. 1251-17; Ord. No. 1255-18 § 7.]
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this chapter, or any part thereof is for any reason
held to be unconstitutional, such decision shall not affect the validity
of the remaining portion of this chapter or any part thereof. The
City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more section, subsection,
subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
