The provisions of this article shall apply generally to all
property throughout the unincorporated territory of the county of
Placer wherein any of the conditions herein specified are found to
exist. However, nothing in this article is intended, nor shall it
be construed, to burden any defense to criminal prosecution under
the CUA, MMP, MCRSA or Proposition 64.
(Ord. 5851-B § 2, 2016)
The Placer County community development resource agency director,
the Placer County chief building official, the Placer County fire
warden, the Placer County health officer, the Placer County agricultural
commissioner, the Placer County environmental health officer, the
Placer County sheriff, and any employee designated by any of those
persons, are authorized to administer and enforce this article to
ensure compliance.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 1, 2018)
As used herein, the following definitions shall govern the construction
of this article:
mean any costs or expenses reasonably related to the abatement
of conditions which violate this article, and shall include, but not
be limited to, enforcement (including the cost associated with helicopter
use), investigation, collection and administrative costs, and the
costs associated with removal or correction of the violation.
means a structure that is accessory to any principal structure
and customarily a part thereof, which is clearly incidental and secondary
to the principal structure and is significantly smaller in area than
the principal structure and does not change the character of the principal
structure or principal use of the premises.
mean the cost of county staff and consultant time reasonably
related to enforcement, for items including, but not limited to, site
inspections, helicopter time, travel time, investigations, telephone
contacts, time spent preparing summaries, reports, notices, correspondence,
warrants and hearing packets, hearing attendance and testimony, and
the time expended by the code enforcement officer, or designee, and
auditor-controller staff, to calculate the above costs and prepare
itemized invoices. "Administrative costs" also include the cost of
the hearing officer's time.
means cannabis and cannabis products intended to be sold
for use by adults 21 years of age and over.
means any person, including a person with an identification
card, primary caregiver, or qualified patient, who is authorized by
state law to grow cannabis for personal medicinal or adult use in
compliance with local and state laws that authorize such cannabis
cultivation.
means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin. "Cannabis" does not mean "industrial hemp" as
defined by California Food and Agricultural Code Section 81000, as
may be amended, or California Health and Safety Code Section 11018.5,
as may be amended.
means any mature or immature cannabis plant (and/or cannabis
plant clone), or any cannabis seedling, unless otherwise specifically
provided herein.
means any licensed child care center, daycare center, or
childcare home, or any preschool.
means a structure or leased portion of a structure, which
is used primarily for religious worship and related religious activities.
means any person employed by the county of Placer and authorized
to administer this article or his or her authorized deputies or designees,
each of whom is independently authorized to enforce this article.
includes cultivation, possession, manufacture, processing,
storing, laboratory testing, labeling, transporting, or distribution
with intent to sell or facilitate the sale of cannabis or a cannabis
product, or the sale of cannabis or a cannabis product.
means the planting, growing, trimming, harvesting, drying,
processing or storage of one or more cannabis plants or any part thereof
in any location, indoor or outdoor, including a fully enclosed and
secure structure or accessory structure.
means any facility, location, establishment or similar entity
that distributes, delivers, or supplies medicinal cannabis to a qualified
patient or primary caregiver, pursuant to the Compassionate Use Act
of 1996 or the Medical Marijuana Program (California Health and Safety
Code Section 11362.5 et seq.). A dispensary shall include a dispensing
collective or cooperative.
means a barrier constructed of wood or other materials which
form an opaque screen.
means a barrier constructed of posts made of wood, metal
or any other rigid material connected with wire, fabric, boards or
other materials which is intended to demarcate a boundary, separate
land uses, secure animals, enclose property, exclude people and animals
from a designated area, etc. and which does not form a visually opaque
screen.
means a space within a building that has been approved by
the county and complies with the California Building Code, as adopted
by the county of Placer, or if exempt from the permit requirements
of the California Building Code, that has a complete roof enclosure
supported by connecting walls extending from the ground to the roof;
a foundation, slab or equivalent base to which the floor is secured
by bolts or similar attachments, is secured against unauthorized entry;
and is accessible through one or more lockable doors. Walls and roofs
must be constructed of solid materials that cannot be easily penetrated
or breached, such as two-inch by four-inch nominal or thicker studs
overlaid with three-eighths inch or thicker plywood or the equivalent.
Plastic sheeting, regardless of gauge, or similar products, do not
satisfy this requirement. If indoor grow lights or air filtration
systems are used, they must comply with the California Building, Electrical,
and Fire Codes as adopted by the county of Placer. Any detached, fully-enclosed
and secure structure used for the cultivation of cannabis must have
a ventilation and filtration system installed that shall prevent cannabis
plant odors from exiting the interior of the structure. Such structure
shall be located in the rear yard area of a legal parcel or premises,
and the area surrounding the structure or back yard must be enclosed
by a solid fence at least six feet in height. When this article allows
that cultivation of cannabis occur indoors, the harvest of such cannabis
shall also be accomplished indoors.
means the drying, processing, or storage of cannabis, which
may only occur within a fully enclosed and secure structure or accessory
structure.
means the person or persons qualified to serve in said capacity
and appointed by the agency director to preside over an administrative
hearing from a list of persons approved by the board of supervisors.
To be qualified to serve as a hearing officer, each such individual
must be an attorney at law licensed to practice in the state of California
for at least five years, in good standing and with "active" status
with the California State Bar.
means a cannabis plant, whether male or female, that has
not yet flowered and which does not yet have buds that are readily
observed by unaided visual examination.
means within a fully enclosed and secure structure or accessory
structure.
means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code).
means to compound, blend, extract, infuse, or otherwise make
or prepare a cannabis product.
means a person that conducts the production, preparation,
propagation, or compounding of cannabis or cannabis products either
directly or indirectly or by extraction methods, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis at a fixed location that packages or repackages
cannabis or cannabis products or labels or re-labels its container.
means the producing, preparing, propagating, or compounding
of cannabis or cannabis products either directly or indirectly or
by extraction methods, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis at a fixed
location that packages or repackages cannabis or cannabis products
or labels or re-labels its container.
means a cannabis plant, whether male or female, that has
flowered and which has buds that are readily observed by unaided visual
examination.
means cannabis and cannabis products intended to be sold
for use by a medicinal cannabis patient in California who possesses
a physician's recommendation.
means qualified patients, persons with valid identification
cards, and the designated primary caregivers of qualified patients
who associate by agreement, or form a cooperative in accordance with
Section 12300 of the Corporations Code, within the unincorporated
area of the county in order to collectively or cooperatively cultivate
cannabis for medicinal purposes, as provided in Health and Safety
Code Section 11362.775. The term collective shall include "cooperative"
unless the context clearly indicates otherwise.
or "outdoors" means any location within the county of Placer
that is not within a fully enclosed and secure structure or accessory
structure as defined herein.
means a "legal parcel" as defined herein and a property assigned
a separate parcel number by the Placer County assessor.
means any individual, partnership, co-partnership, firm,
association, joint stock company, corporation, limited liability company
or combination of the above in whatever form or character.
shall have the same definition as California Health and Safety
Code Section 11362.5 et seq., as may be amended, California Business
and Professions Code Section 19300 et seq., as may be amended, and
as may be amended by California Department of Public Health's "Medical
Marijuana Program."
means a single, legal parcel of property that includes an
occupied legal residence, such as a house, an apartment a condominium,
a mobile home or other similar dwelling, which is a dwelling in compliance
with the Placer County Code and has also met the requirements of this
article. Where contiguous legal parcels are under common control or
ownership, such contiguous legal parcels shall be counted as a single
"premises" for purposes of this article.
shall have the meaning set forth in Health and Safety Code
Section 11362.7(d), as may be amended and California Business and
Professions Code Section 19300 et seq., as may be amended.
means a permitted house, duplex, apartment unit, condominium,
mobile home or other similar dwelling occupied by the authorized grower
as his or her primary residence.
shall have the meaning set forth in Health and Safety Code
Section 11362.7(f), as may be amended.
means a written current recommendation signed by a licensed
California physician pursuant to Health and Safety Code Sections 11362.5
and 11352.7.
means a facility provided for treatment of drug and alcohol
dependency, including any "sober living facility" run by treatment
providers for the benefit of transitional living.
means an institution of learning for minors, whether public
or private, offering a regular course of instruction required by the
California Education Code, or any child or day care facility. This
definition includes a nursery school, kindergarten, elementary school,
middle or junior high school, senior high school, or any special institution
of education, but it does not include a vocational or professional
institution of higher education, including a community or junior college,
college or university.
means elementary school, middle school, junior high school,
high school, public park, and any establishment that advertises in
a manner that identifies the establishment as catering to or providing
services primarily intended for minors, or the individuals who regularly
patronize, congregate or assemble at the establishment are predominantly
minors. This shall not include a day care or preschool facility.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 2, 2018)
A.
When
authorized by state law, an authorized grower shall be allowed to
cultivate cannabis outdoors for personal use, subject to any regulations
in Chapter 17 of this code and the following restrictions:
1.
A
maximum of six plants on no more than 50 square feet in total is allowed
for outdoor cultivation of adult-use cannabis per private residence.
Medicinal cannabis plants may be cultivated on no more than 50 square
feet in total per private residence, regardless of the number of authorized
growers, qualified patients or primary caregivers residing in said
private residence. The total combined outdoor cultivation of medicinal
and adult-use cannabis per private residence shall not exceed 50 square
feet at any time. For the purposes of this section, the area used
to cultivate cannabis shall be measured by the aggregate area of vegetative
growth of each live cannabis plant on the premises; and
2.
All
outdoor cultivation of cannabis may only occur on a parcel with the
private residence of the authorized grower, and the authorized grower
may only cultivate cannabis on one parcel within unincorporated Placer
County and may not cultivate outdoors if there is any indoor cannabis
cultivation occurring in the authorized grower's private residence
on the parcel; and
3.
If
the parcel and private residence are not owned by the authorized grower,
the authorized grower must have a legal right to occupy and use the
parcel and private residence to cultivate cannabis. The authorized
grower shall obtain a written permission statement from the owner
or owners of the parcel and private residence as proof to demonstrate
that the owner or owners have acknowledged, consented to and granted
permission to the authorized grower for the cultivation of cannabis
in an amount in accordance with this article. Nothing provided in
this article requires the owner or owners of the parcel and private
residence to consent to and allow the cultivation of cannabis by an
authorized grower. Nothing provided in this article authorizes the
cultivation of cannabis in violation of the rules of a homeowners'
association, deed restrictions, or other property conditions and covenants.
If there is more than one owner of the parcel and private residence,
all owners must have acknowledged, consented to and granted permission
to the authorized grower for the cultivation of cannabis in an amount
in accordance with this article. The written statement shall be dated
and signed by the owner or owners of the parcel and private residence.
The written statement shall be valid for 12 months from the signing
of the written statement. If ownership of the parcel or private residence
changes during the 12 month period after the previous owner or owners
had granted permission for the cultivation of cannabis, the authorized
grower must obtain, within 30 days of the change of ownership, a new
permission statement, meeting the criteria set forth herein, from
the new owner or owners of the parcel and private residence. Upon
request by a code enforcement officer, the authorized grower or owner(s)
of the parcel and private residence shall provide a copy of the written
permission statement from the owner(s) as proof that the owner(s)
have acknowledged, consented to and granted permission to the authorized
grower for the cultivation of cannabis; and
4.
All
outdoor cultivation shall be set back by a minimum of 100 feet from
all parcel property lines; and
5.
All
outdoor cultivation shall not be closer to an existing private residence
on an adjoining parcel than to the private residence of the authorized
grower on the parcel containing the outdoor cultivation site; and
6.
All
outdoor cultivation shall be screened with a solid fence from all
public rights-of-way, private access easements, and exterior property
lines of the parcel where the outdoor cultivation takes place to prevent
being easily visible to individuals on adjoining parcels or to individuals
either passing through or by the subject parcel. The fence shall be
adequately secure to prevent unauthorized entry; and
7.
The
parcel where the outdoor cannabis is cultivated shall not be located
within 600 feet of any school, church, park, library, fairgrounds,
child care center, youth-oriented facility or the boundary of any
incorporated city. Such distance shall be measured in a straight line
from the fence or other enclosure to the nearest boundary line of
the premises upon which the school, church, park, child care center,
or youth-oriented facility is located. For the purposes of this article,
a youth-oriented facility is any facility used for and predominantly
occupied by individuals under 18 years of age, including (but not
limited to) a boys or girls club, an indoor or outdoor soccer field,
a little league baseball field, an amusement park, and a community
swimming facility; and
8.
The
outdoor cultivation of cannabis shall not adversely affect the health
or safety of the occupants of the parcel or any other property by
creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic,
vibration, mold, or other impacts, and shall not constitute a hazard
due to use or storage of materials, products or wastes; and
9.
All
outdoor cultivation is in accordance with any applicable regulations
set forth in Chapter 17 of this code; and
10.
All outdoor cultivation which exists prior to the enactment of this
ordinance must be in compliance with any applicable regulations in
Chapter 17 of this code and the regulations in this article.
B.
It is
hereby declared to be unlawful, a public nuisance and a violation
of this article for any person owning, leasing, occupying, or having
charge or possession of any parcel within the county of Placer to
cause or allow such parcel to be used for the outdoor cultivation
of cannabis, unless the person is authorized by state law to grow
cannabis, and such authorized grower is complying with all requirements
of this article and any applicable regulations in Chapter 17 of this
code.
C.
A public
nuisance may also be deemed to exist, if such activity produces: (1)
odors which are disturbing to people of normal sensitivity residing
or present on adjacent or nearby property or areas open to the public;
(2) repeated responses to the parcel or residence from enforcement
officers; (3) a repeated disruption to the free passage of persons
or vehicles in the immediate neighborhood, excessive noise which is
disturbing to people of normal sensitivity on adjacent or nearby property
or areas open to the public; and (4) any other impacts on the neighborhood
which are disruptive of normal activity in the area.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 3, 2018)
A.
When
authorized by state law, an authorized grower shall be allowed to
cultivate cannabis indoors for personal use, subject to the following
restrictions:
1.
The
cultivation of cannabis is on a parcel upon which the private residence
of the authorized grower is located. Each authorized grower may use
only one private residence or accessory structure for the cultivation
of cannabis.
2.
If
the parcel and private residence are not owned by the authorized grower,
the authorized grower must have a legal right to occupy and use the
parcel and private residence to cultivate cannabis. The authorized
grower shall obtain a written permission statement from the owner
or owners of the parcel and private residence as proof to demonstrate
that the owner or owners have acknowledged, consented to and granted
permission to the authorized grower for the cultivation of cannabis
in an amount in accordance with this article. Nothing provided in
this article requires the owner or owners of the parcel and private
residence to consent to and allow the cultivation of cannabis by an
authorized grower. Nothing provided in this article authorizes the
cultivation of cannabis in violation of the rules of a homeowners'
association, deed restrictions, or other property conditions and covenants.
If there is more than one owner of the parcel and private residence,
all owners must have acknowledged, consented to and granted permission
to the authorized grower for the cultivation of cannabis in an amount
in accordance with this article. The written permission statement
shall be dated and signed by the owner or owners of the parcel and
private residence. The written statement shall be valid for 12 months
from the signing of the written statement. If ownership of the parcel
or private residence changes during the 12 month period after the
previous owner or owners had granted permission for the cultivation
of cannabis, the authorized grower must obtain, within 30 days of
the change of ownership, a new permission statement, meeting the criteria
set forth herein, from the new owner or owners of the parcel and private
residence. Upon request by a code enforcement officer, the authorized
grower shall provide the written permission statement from the owner
or owners of the parcel and private residence as proof that the owner
or owners have acknowledged, consented to and granted permission to
the authorized grower for the cultivation of cannabis; and
3.
All
indoor cultivation of cannabis may only occur inside a private residence
that is a fully enclosed and secure structure or inside an accessory
structure to a private residence that is a fully enclosed and secure
structure. There shall be no cannabis cultivation inside a private
residence or accessory structure if there is any outdoor cannabis
cultivation by any occupant of said private residence occurring on
the parcel at the same time; and
4.
A
maximum of six plants on no more than 50 square feet is allowed for
cultivation of adult-use cannabis in total per private residence that
is a fully enclosed and secure structure or inside an accessory structure
to a private residence that is a fully enclosed and secure structure.
Medicinal cannabis plants may be cultivated on no more than 50 square
feet in total per private residence that is a fully enclosed and secure
structure or inside an accessory structure to a private residence
that is a fully enclosed and secure structure, regardless of the number
of authorized growers, qualified patients or primary caregivers residing
in said private residence. The total combined indoor cultivation of
medicinal and adult-use cannabis per private residence shall not exceed
50 square feet at any time. For the purposes of this section, the
area used to cultivate cannabis shall be measured by the aggregate
area of vegetative growth of each live cannabis plant on the premises;
and
5.
The
area used for cultivation complies with California Building, Plumbing,
Mechanical, Electrical and Fire Codes as adopted by the county of
Placer, and the authorized grower: (1) has access on the parcel to
a permitted permanent water well or a connection to a public water
source drawing water, (2) does not engage in unlawful or unpermitted
surface drawing of water for such cultivation, (3) does not permit
illegal discharges of water from the parcel, and (4) has access on
the parcel to a public sewer system connection or permitted sewage
disposal system; and
6.
The
use of gas products (CO2, butane, propane, etc.) for cultivation of
cannabis or manufacturing of cannabis products is prohibited; and
7.
The
cultivation of cannabis is concealed so that it is not visible from
the exterior of the private residence or accessory structure, the
parcel, the public right-of-way, and/or neighboring properties; and
8.
The
cultivation of cannabis shall not adversely affect the health or safety
of the occupants of the private residence or the parcel or any other
property by creating dust, glare, heat, noise, noxious gases, odor,
smoke, traffic, vibration, mold, or other impacts, and shall not constitute
a hazard due to use or storage of materials, products or wastes; and
9.
All
indoor cultivation is in accordance with any applicable regulations
set forth in Chapter 17 of this code; and
10.
All indoor cultivation which exists prior to the enactment of this
ordinance must be in compliance with any applicable regulations in
Chapter 17 of this code and the regulations in this article.
B.
It is
hereby declared to be unlawful, a public nuisance and a violation
of this article for any person owning, leasing, occupying, or having
charge or possession of any parcel within the county of Placer to
cause or allow such parcel to be used for the indoor cultivation of
cannabis, unless the person is authorized by state law to grow cannabis,
and such authorized grower is complying with all requirements of this
article.
C.
A public
nuisance may also be deemed to exist if such activity produces: (1)
odors which are disturbing to people of normal sensitivity residing
or present on adjacent or nearby property or areas open to the public;
(2) repeated responses to the parcel or private residence from enforcement
officers; (3) a repeated disruption to the free passage of persons
or vehicles in the immediate neighborhood, excessive noise which is
disturbing to people of normal sensitivity on adjacent or nearby property
or areas open to the public; and (4) any other impacts on the neighborhood
which are disruptive of normal activity in the area.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 4, 2018)
It is unlawful for any person to engage in, conduct or carry
on, or to permit to be engaged in, conducted or carried on, in or
upon any parcel, premises or location within the unincorporated area
of the county of Placer, commercial cannabis activity, except for
the transportation of medicinal cannabis, medicinal cannabis products,
adult-use cannabis and adult-use cannabis products on public roads
by a state licensee transporting medicinal cannabis, medicinal cannabis
products, adult-use cannabis or adult-use cannabis products in compliance
with state law.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 5, 2018)
It is unlawful for any person to engage in, conduct or carry
on, or to permit to be engaged in, conducted or carried on, in or
upon any premises or location within the unincorporated area of the
county of Placer, manufacturing cannabis activity.
(Ord. 5851-B § 2, 2016)
It is unlawful for any person to engage in, conduct or carry
on, or to permit to be engaged in, conducted or carried on, in or
upon any parcel, premises or location within the unincorporated area
of the county of Placer, the operation of a medicinal cannabis dispensary,
and/or processing facility, and/or testing laboratory.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 6, 2018)
The prohibitions stated in this article shall not apply to a
laboratory that is ISO 17025 accredited in chemical and forensic testing
by A2LA or a comparable accrediting body, and that conducts cannabis
testing for medical, health and safety, or forensic purposes, with
a scope of testing that includes residual solvents, foreign materials,
microbiological impurities, volatile organic compounds, mycotoxins,
heavy metals, terpenes, and volatile and non-volatile pesticides.
Such laboratories shall not be state-licensed to facilitate the distribution
or dispensing of cannabis for adult use or medicinal use, and shall
not cultivate cannabis nor store more than three pounds of processed
cannabis at any one time. A laboratory conducting such testing activities
is not considered to be involved in commercial cannabis activity under
this article.
(Ord. 5921-B § 1, 2018)
Delivery of cannabis or products made from cannabis to or from
any person, business, or location in the unincorporated area of the
county of Placer is prohibited. Notwithstanding the foregoing, a primary
caregiver may personally deliver medicinal cannabis or products made
from medicinal cannabis to a qualified patient or person with an identification
card, for whom he or she is the primary caregiver. This prohibition
shall not apply to non-commercial transportation and delivery of less
than twenty-eight and one-half (28.5) grams of cannabis or eight grams
of cannabis concentrate in compliance with the California Health and
Safety and Business and Professions Codes.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 7, 2018)
A.
Public
Nuisance. Violation of this article is hereby declared to be a misdemeanor
and a public nuisance and is subject to the enforcement process set
forth herein. Notwithstanding the foregoing, this article does not
authorize a criminal prosecution, arrest, or penalty inconsistent
with or prohibited by Health and Safety Code Section 11362.7 et seq.
In the event of any conflict between the penalties set forth in this
article and any penalties set forth in state law, the maximum penalties
allowable under state law shall govern.
B.
Abatement
Authority.
1.
The
county may, in its discretion, abate the violation of this article
by prosecution of a civil action, including an action for injunctive
relief without first going through the administrative procedures set
forth herein. The remedy of injunctive relief may take the form of
a court order, enforceable through civil contempt proceedings, prohibiting
the maintenance of the violation of this article or requiring compliance
with other terms.
2.
The
county may also abate the violation of this article through the abatement
process established by Government Code Section 25845.
C.
Abatement
Procedures.
1.
Seventy-two
Hour Notice. Whenever a code enforcement officer determines that a
public nuisance (as defined in this article) exists, he or she shall
post a 72 hour notice to abate on the property where the public nuisance
exists, and mail a copy of the same to those persons shown on the
latest county tax roll (or equivalent registry) to be the owners of
the property. The 72 hour notice to abate shall inform the owner and/or
persons in possession of the basis for the violation; explain that
if the violation is not corrected, the matter will be set for a nuisance
abatement hearing, at which time the county will seek administrative
penalties of $1,000 per adult-use cannabis plant in excess of six
plants or $1,000 per every 25 square feet, or fraction thereof, of
adult-use or medicinal cannabis outside the allowed 50 square feet,
whichever penalty amount is greater; and explain that to prevent the
imposition of said administrative penalties, administrative costs,
and abatement costs, the owner and/or persons in possession must contact
the code enforcement officer and arrange a time for the code enforcement
officer to inspect the property, and confirm that the violation(s)
have been corrected. Only one 72 hour notice to abate shall be required
per private residence per 12 month period (as measured from the date
of issuance of the prior 72 hour notice), unless ownership of the
private residence has changed. If a seventy-two (72) hour notice to
abate was given within the prior 12 months, the code enforcement officer
shall proceed directly to service of a notice of nuisance abatement
hearing and a notice to appear, as described in subsection (C)(2).
2.
Service of Notice of Nuisance Abatement Hearing and Notice to Appear. If the nuisance continues to exist after the expiration of the 72 hour period, a code enforcement officer may set the matter for hearing by issuing a notice of nuisance abatement hearing. If the matter is set for hearing, the code enforcement officer shall post the property upon which the public nuisance exists and shall mail, by first-class mail and certified mail, return receipt requested, copies of said notice to those persons known to be in possession of the property, if any, and to persons shown on the latest county tax roll (or equivalent registry) to be the owners of the property at least 10 days prior to the hearing. Once the notice of nuisance abatement hearing is posted on the property, administrative penalties shall be imposed in accordance with Section 8.10.120 on any owner(s) and/or person(s) in possession ("respondent(s)"). The code enforcement officer shall also issue to respondent(s) a notice to appear, setting forth the amount of administrative penalties due based on the violations of this article observed on the parcel by the code enforcement officer. Said notice to appear should be mailed and posted on the property in the same fashion as the notice of nuisance abatement hearing.
3.
Contents
of Notice of Nuisance Abatement Hearing. The notice of nuisance abatement
hearing shall contain, at a minimum, the following information:
a.
A heading, "Notice of Nuisance Abatement Hearing";
b.
A notice to appear before a hearing officer at a stated time and
place to show cause why the alleged violations should not be found
to be a nuisance and abated pursuant to Placer County Code, Chapter
8, Article 8.10;
c.
A street address, assessor's parcel number, legal description, or
other description sufficient to identify the premises affected;
d.
A description of the conditions on the property that are in violation
of the provisions of this article;
e.
A statement that if a violation is found to have existed at the time
the notice of nuisance abatement hearing was posted on the property,
the county shall be entitled to recover from respondent its administrative
and abatement costs, and any administrative penalties imposed by the
hearing officer. All such costs may be specially assessed and a lien
recorded against the subject property. Said special assessment may
be collected at the same time and in the same manner as ordinary county
taxes and is subject to the same penalties and the same procedure
and sale in case of delinquency as are provided for ordinary county
taxes (California Government Code Section 25845);
f.
A statement that if respondent(s) fail to appear at the hearing or
to raise any defense or assert any relevant point at the time of hearing,
the county will assert, in later judicial proceedings to enforce a
notice of decision or an order of abatement, that respondent(s) have
waived all rights to assert such defenses or such points;
g.
A statement that respondents' failure to appear and respond at the
hearing will result in administrative and/or judicial abatement and
termination of uses in violation of this article.
4.
Conduct
of Nuisance Abatement Hearing.
a.
All hearings conducted under this article shall be held before a hearing officer, as defined in Section 8.10.030.
b.
At the time and place set for the hearing, the hearing officer shall
hear testimony and receive written and/or documentary evidence relating
to the alleged violations. Additional procedural rules may be adopted
by resolution of the board of supervisors. The county shall record
the hearing.
c.
If an initial showing is made by the county, sufficient to persuade
the hearing officer that a public nuisance existed on the property
at the time the notice of nuisance abatement hearing was posted, the
respondent(s) will then have the burden of proving that no public
nuisance existed on the property at that time. Therefore, the respondent(s)
should be prepared to introduce oral and documentary evidence proving
why the respondents' use of the property is not a public nuisance
as defined in this article.
d.
Respondents' failure to sustain the burden of showing that no public
nuisance existed on the property may result in a decision by the hearing
officer that a public nuisance did exist, and that the county is entitled
to recover its administrative costs and administrative penalties.
e.
If the hearing officer finds that a public nuisance continues to
exist on the property, and the respondent(s) fail to abate the nuisance
promptly, the county may abate the nuisance itself. If the county
abates the nuisance, in addition to being able to recover its administrative
costs and administrative penalties, the respondent(s) may be responsible
for abatement costs.
f.
All administrative costs, abatement costs, and administrative penalties
may be specially assessed against the property by the auditor-controller's
office and added to the respondents' tax bill as a special assessment,
to the maximum extent allowed by law. Such special assessments have
the same priority, for collection purposes, as other county taxes
and, if not paid, may result in a forced sale of the property.
g.
If the hearing officer finds that a public nuisance exists on the
property that is a violation of this article, the county will contend
that the respondent(s) are bound by such finding in any subsequent
judicial action to enforce the hearing officer's order.
h.
The county shall preserve the record of the hearing, and all photographs
and demonstrative and documentary evidence used in the hearing, for
a period of three years.
5.
Decision
of Hearing Officer.
a.
Within three days after the hearing is closed, the hearing officer
shall render his or her written decision relating to the existence
or nonexistence of the alleged public nuisance. If a violation is
found to have existed at the time the notice of nuisance abatement
hearing was posted, the decision shall include a statement that the
county is entitled to recover its administrative costs and administrative
penalties. If the hearing officer determines that the violation continues
to exist, the decision shall also order that the owner of the property,
or persons known to be in possession of the property, abate the violation
within a reasonable time, not to exceed 10 days from the date the
decision is placed in the mail. The decision shall contain findings
of fact and conclusions of law. A copy of the decision shall be mailed
by certified mail, return receipt requested, to the person or persons
shown on the last county tax roll (or equivalent registry) to be the
owners of the property which is the subject of the hearing and any
other respondent(s) identified in the nuisance abatement proceedings.
Upon the county's receipt of the decision, a code enforcement officer
may post a copy of said decision at the property, as deemed appropriate
in the officer's sole discretion.
b.
The decision of the hearing officer shall be final and conclusive
on the date the certified mail set forth in subsection (C)(5)(a) is
deposited in the mail.
c.
Notwithstanding any other provisions of this code, if a final decision
of the hearing officer finds that a violation exists and the public
nuisance is not voluntarily abated within 10 days of said decision
being placed in the mail, the county may abate the public nuisance
by cutting and/or removing all cannabis plants from the property,
pursuant to a warrant issued by a court of competent jurisdiction.
6.
Cost
Recovery.
a.
The owner(s) and/or any person(s) in possession of the private residence
and/or parcel named as respondents in a nuisance abatement action
shall be responsible for paying all of the county's abatement costs,
administrative costs, and administrative penalties. The code enforcement
officer, or designee, shall keep an accounting of the abatement and
administrative costs for each case. Upon completion of the abatement
of the nuisance, whether by the county, the owner, or other person
in possession, the code enforcement officer, or designee, shall post
a copy of the bill at the property and mail a copy of the bill to
the owner, and any other persons named as respondents in the nuisance
abatement action, requesting payment of the county's abatement and
administrative costs, as well as all administrative penalties. The
bill shall also state that failure to pay the costs and penalties
within 15 days from the date the bill was deposited in the mail may
result in the placement of a special assessment and the recording
of a lien against the property.
b.
If the county's costs and penalties are not paid within 15 days from
the date the bill was deposited in the mail, the code enforcement
officer, or designee, shall render an itemized report to the clerk
of the board of supervisors for submittal to the board of supervisors
for hearing and consideration regarding a proposed special assessment
and lien. The report shall include the names and addresses of the
owner of record and any persons known to be in possession of the property,
and an itemized account of the county's abatement costs, administrative
costs, and administrative penalties.
c.
At least 15 days prior to said hearing, the clerk of the board of
supervisors shall give notice, with an affidavit of service, of said
hearing to all persons named in the code enforcement officer, or designee's,
report and the code enforcement officer, or designee, shall post the
property with a copy of the notice. The notice shall describe the
property by assessor's parcel number and street address, or other
description sufficient to enable identification of the property, and
contain a statement of the amount of the proposed special assessment
and lien. The notice shall also contain a statement that the board
will hear and consider objections and protests to the proposed special
assessment and lien at the designated time and place.
d.
At the time and place fixed in the notice, the board of supervisors
shall hear and consider the proposed special assessment and lien,
together with objections and protests thereto. At the conclusion of
the hearing, the board of supervisors may make such modifications
and revisions to the proposed special assessment and lien costs it
deems just and may order that the proposed special assessment and
lien be specially assessed and recorded against the property by the
auditor-controller's office. The special assessment shall have the
same priority as other county taxes.
e.
The notice of lien shall, at a minimum, identify the record owner
or possessor of the property, set forth the date upon which the decision
of the hearing officer was issued, describe the real property subject
to the lien, set forth the amount of the costs and penalties incurred
to date and, if applicable, the date upon which the abatement was
completed. If the abatement has not yet been completed, the notice
shall so state and shall also indicate that the lien is a partial
lien and that additional abatement costs will be incurred in the future.
f.
A copy of any notice required by this article or decision of either
the hearing officer or board of supervisors pursuant to this article
may be recorded in the office of the county recorder of Placer County,
except revocation of a bond or performance guarantee.
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Where a notice has been served as required by this article and
a hearing body has determined that sufficient grounds do not exist
for nuisance abatement, or where the owner of an affected premises
has corrected the condition that was the basis for initiation of enforcement
action, the official shall record a satisfaction release and removal
of notice of nuisance abatement hearing.
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In the event that administrative and/or abatement costs have
been incurred in the investigation/processing of a violation for which
a notice is required, the release of such notice shall not be recorded
until all such costs have been reimbursed to Placer County. The release
of any such notice may also be conditioned on the payment of administrative
penalties, to the maximum extent allowed by law.
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D.
Summary Abatement. Notwithstanding any other provision of this article, when any unlawful cannabis cultivation constitutes an immediate threat to the public health or safety, and where the procedures set forth in subsection C of this section would not result in abatement of that nuisance within a short enough time period to avoid that threat, the director of the Placer County community development resource agency, or designee, may direct any officer or employee of the county to summarily abate the nuisance. The code enforcement officer shall make reasonable efforts to notify the persons identified in subsection (C)(2) of this section but the formal notice and hearing procedures set forth in this article shall not apply. The county may nevertheless recover its costs for abating that nuisance in the manner set forth in this article.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 8, 2018)
This article is cumulative to all other remedies now or hereafter
available to abate or otherwise regulate or prevent public nuisances
under this article.
(Ord. 5851-B § 2, 2016)
It is a misdemeanor and a public nuisance to violate any of
the provisions of this article and the county shall have the authority
to cause the abatement and removal thereof in accordance with the
procedure prescribed in this article. The violation of any provision
of this article shall be and is hereby declared to be contrary to
the public interest and shall, at the discretion of the county, create
a cause of action for injunctive relief. Any person that violates
the provisions of this article may be subject to administrative remedies,
as set forth herein. Unless otherwise expressly provided, the remedies,
procedures and penalties provided by this section are cumulative to
each other and to any others available under state law or other county
ordinances.
A.
For violation of Section 8.10.040 (Outdoor cannabis cultivation), where the grower occupies a private residence on the subject parcel, an administrative penalty of $1,000 per adult-use cannabis plant in excess of six plants or $1,000 per every 25 square feet, or fraction thereof, of adult-use or medicinal cannabis cultivation outside the allowed 50 square feet, whichever penalty amount is greater. Where the grower does not occupy a private residence on the subject parcel, each and every cannabis plant is subject to a one thousand dollar ($1,000.00) administrative penalty, whether said cannabis plants are for medicinal or adult use.
All other violations of Section 8.10.040 are subject to an administrative penalty of $1,000 per violation type (e.g., lack of owner permission statement, non-compliance with setback requirement, inadequate screening, etc.), regardless of the number of plants in violation, and are in addition to the penalties based on number and square footage of plants.
B.
For violation of Section 8.10.050 (Indoor cannabis cultivation), where the grower occupies a private residence on the subject parcel, an administrative penalty of $1,000 per adult-use cannabis plant in excess of six plants or $1,000 per every 25 square feet, or fraction thereof, of adult-use or medicinal cannabis cultivation outside the allowed 50 square feet, whichever penalty amount is greater. Where the grower does not occupy a private residence on the subject parcel, each and every cannabis plant is subject to a one thousand dollar ($1,000.00) administrative penalty, whether said cannabis plants are for medicinal or adult use.
All other violations of Section 8.10.050 are subject to an administrative penalty of $1,000 per violation type (e.g., lack of owner permission statement, cultivation-related Building Code violation, unlawful surface drawing of water, etc.), regardless of the number of plants in violation, and are in addition to the penalties based on number and square footage of plants.
C.
For violation of Section 8.10.060 (Prohibition of commercial cannabis activity), an administrative penalty of $5,000 per day.
D.
For violation of Section 8.10.070 (Prohibition of manufacturing cannabis activity), an administrative penalty of $5,000 per day.
E.
For violation of Section 8.10.080 (Prohibition of medicinal cannabis dispensaries), an administrative penalty of $5,000 per day.
F.
For violation of Section 8.10.090 (Prohibition of delivery of cannabis), an administrative penalty of $500 for each separate violation.
G.
At the nuisance abatement hearing, the hearing officer shall determine the total amount of administrative penalties at the time of the hearing, and that amount shall be reflected in the decision and awarded to the county. Administrative penalties shall not be awarded if the property owner establishes all of the following: (1) that, at the time he or she acquired the property, a violation of this article already existed on the property; (2) the property owner did not have actual or constructive notice of the existence of that violation; and (3) prior to the nuisance abatement hearing, the property owner initiates and pursues, with due diligence, good faith efforts, to meet the requirements of this code. In his or her decision, the hearing officer may compromise the amount of any administrative penalties. When determining whether to compromise any penalty amount, the hearing officer shall take into consideration the nature, circumstances, and gravity of the violation(s), any prior history of violations, the degree of culpability, the financial burden to the person(s) upon whom the penalty has been imposed, the degree to which the proposed compromise will facilitate collection of the penalties without the need for further legal action, and any other matters justice may require. If at the time of the hearing the nuisance has yet to be abated, the decision shall state that the administrative penalties shall continue to accrue as specified in subsections C through E of this section until the nuisance is abated. The decision of the hearing officer shall be final and conclusive on the date the decision is deposited in the mail.
H.
All
money and assets collected in payment of penalties for violations
of this article and all money and assets collected for recovery of
costs of enforcement of this article shall be used to offset the cost
of enforcement of this article.
(Ord. 5851-B § 2, 2016; Ord. 5920-B § 9, 2018)
Nothing in this article shall be construed as imposing on any
code enforcement officer or the county of Placer any duty to issue
a notice to abate, nor to abate any violations of this article and
neither the code enforcement officer, nor the county, shall be held
liable for failure to issue an order to abate any violation of this
article.
(Ord. 5851-B § 2, 2016)
The provisions of this article are declared to be separate and
severable. The invalidity of any clause, phrase, sentence, paragraph,
subdivision, section or portion of this article, or the invalidity
of the application thereof to any person or circumstance shall not
affect the validity of the remainder of this article, or the validity
of its application to other persons or circumstances.
(Ord. 5851-B § 2, 2016)
