This Chapter is adopted pursuant to the City's police powers;
Government Code Sections 38771-38773.7, 53069.3, including any successor
statutes; and Civil Procedure Code Section 731, including any successor
statutes, for the purposes of designating unlicensed cannabis facilities
as public nuisances; authorizing abatement of such nuisances; and
imposing criminal and civil penalties upon persons for causing or
permitting such public nuisances. Nothing contained in this chapter
is intended to, nor will it, preclude the City from pursuing any other
available civil or criminal remedies concurrently or in addition to
the proceedings established by this chapter to enforce this Code.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
The City Council finds as follows:
A. Unlicensed
cannabis facilities result in blight, decrease property values and
deprives surrounding residents and owners of the right to comfortable
enjoyment of life and property.
B. Unlicensed
cannabis facilities are obnoxious, constitute a public nuisance, and
are an immediate threat to public safety which must be abated to prevent
their proliferation.
C. Unlicensed
cannabis facilities must be removed as quickly as possible to minimize
harm to persons and property in the community.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
For prohibitions regarding cannabis cultivation and distribution,
see Title 14.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter. Words and phrases undefined in this
chapter have the same meaning as set forth in Section 17.04.110; the
Adult Use of Marijuana Act; the Compassionate Use Act; the Medical
Marijuana Program Act; or the Medical Marijuana Regulation and Safety
Act:
"Commercial cannabis activity"
includes cultivation, possession, manufacture, processing,
storing, laboratory testing, labeling, transporting, distribution,
or sale of cannabis or a cannabis product.
"Facility"
means a building or other structure at which commercial cannabis
activity occurs including, without limitation, a medical marijuana
collective.
"Incidental expenses"
include, without limitation, actual expenses, City administrative
costs and other costs of the City of all previous code enforcement
efforts, the preparation of the abatement work specifications, contracts,
and staff time in inspecting the work, as well as the costs of printing,
posting and mailings required by this chapter.
"Responsible person"
means any person or persons creating, causing, committing
or maintaining any public nuisance as defined by this chapter including,
without limitation, any person owning, leasing, occupying or having
charge or possession of real property.
"Unlicensed cannabis facility"
means any facility within the City that does not possess
a valid permit issued in accordance with this Code to conduct commercial
cannabis activity.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
It is unlawful and it is declared to be a public nuisance for
any responsible person to allow an unlicensed cannabis facility to
operate on real property. This section is not the exclusive definition
or designation of what constitutes a nuisance within this City. It
supplements and is in addition to other regulatory codes, statutes,
and ordinances enacted by the City, state, or any other legal entity
or agency having jurisdiction.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
The City Manager, City Attorney, and Building Official are authorized
to abate public nuisances summarily or otherwise in the manner provided
by this chapter.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
Except as specifically provided otherwise by this chapter, the procedural requirements set forth in Chapter
8.36 apply to abating unlicensed cannabis facilities.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
The costs of abatement may be recovered as set forth in this
chapter or other applicable law.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
In addition to any abatement costs incurred by the City for
closing or removing unlicensed cannabis facilities from private property,
failure to voluntarily abate an unlicensed cannabis facility after
notification will result in the penalties set forth in this chapter.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
A. Any
person who violates any provision of this chapter for which no other
penalty is otherwise provided is guilty of a misdemeanor.
B. Any
responsible person failing to cease operating an unlicensed cannabis
facility or removing it upon direction by the City Manager, or designee,
within the prescribed time period may be liable to the city for a
maximum civil penalty of $5,000 per violation per day.
C. Filing
a suit for civil penalties is not a bar against, or a prerequisite
for, taking other enforcement action, whether criminal, civil or administrative,
against a responsible person.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
Nothing in this chapter is intended to limit the city's additional
remedies for recovering taxes or damages in accordance with any applicable
law including, without limitation:
A. Cannabis taxes owed by the unlicensed cannabis facility pursuant to Chapter
3.37 of this code;
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)
A. The
City Attorney is authorized, without further direction from the City
Council, to undertake any or all of the following as to unlicensed
cannabis facilities:
1. Commencing
a civil action in the superior court to enforce all or any of the
provisions of any abatement order;
2. Commencing
a civil action to abate a public nuisance as an alternative to or
in conjunction with an administrative proceeding pursuant to this
chapter;
3. Filing
a civil action to recover the amount of a confirmed accounting from
a responsible person;
4. Filing
a criminal action to enforce this Code;
5. Enjoining
unlicensed cannabis facilities as unfair business practices that are
presumed to nominally damage each and every resident of the community
in which the unlicensed cannabis facility operates.
B. Any
person acting for the interests of itself, its members, or the general
public may bring an action for injunctive relief to prevent future
violations or to recover actual damages.
C. The
remedies provided by this chapter are cumulative and in addition to
any other criminal or civil remedies.
D. Where
a civil action is filed, the prevailing party is entitled to reasonable
attorneys' fees, but is limited by the amount of attorneys' fees claimed
by the City pursuant to
Government Code Section 38773.5. If the court
issues an order or a judgment which finds a public nuisance to exist,
and orders or approves the abatement of the public nuisance, or where
the court validates an accounting, the court will also award the City
its actual costs of abatement, including, without limitation, reasonable
attorneys' fees incurred by the City in such judicial proceeding.
(Ord. 1338 § 5, 5/22/17; Ord. 1348 § 2, 11/13/17; Ord. 1349 §
2, 11/27/17)