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.
"Hearing officer"
means City Manager or designee.
"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;
B. 
Damages owed to the City pursuant for engaging in unlawful business practices in accordance with Business and Professions Code Section 17200, et seq.
(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)