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 county fire chief, 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; Ord. 6336-B, 8/19/2025)
As used herein, the following definitions shall govern the construction of this article:
"Abatement costs"
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.
"Accessory structure"
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.
"Administrative costs"
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.
"Adult-use cannabis"
means cannabis and cannabis products intended to be sold for use by adults 21 years of age and over.
"Authorized grower"
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.
"Cannabis"
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.
"Cannabis plant"
means any mature or immature cannabis plant (and/or cannabis plant clone), or any cannabis seedling, unless otherwise specifically provided herein.
"Child care center"
means any licensed child care center, daycare center, or childcare home, or any preschool.
"Church"
means a structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.
"Code enforcement officer"
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.
"Commercial cannabis activity"
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.
"Cultivation"
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.
"Dispensary"
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.
"Fence (solid)"
means a barrier constructed of wood or other materials which form an opaque screen.
"Fence (other than solid)"
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.
"Fully enclosed and secure structure"
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.
"Harvest"
means the drying, processing, or storage of cannabis, which may only occur within a fully enclosed and secure structure or accessory structure.
"Hearing officer"
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.
"Immature cannabis plant"
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.
"Indoors"
means within a fully enclosed and secure structure or accessory structure.
"Legal parcel"
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).
"Manufacture"
means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
"Manufacturer"
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.
"Manufacturing"
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.
"Mature cannabis plant"
means a cannabis plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.
"Medicinal cannabis"
means cannabis and cannabis products intended to be sold for use by a medicinal cannabis patient in California who possesses a physician's recommendation.
"Medicinal cannabis collective"
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.
"Outdoor"
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.
"Parcel"
means a "legal parcel" as defined herein and a property assigned a separate parcel number by the Placer County assessor.
"Person"
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.
"Person with an identification card"
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."
"Premises"
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.
"Primary caregiver"
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.
"Private residence"
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.
"Qualified patient"
shall have the meaning set forth in Health and Safety Code Section 11362.7(f), as may be amended.
"Recommendation"
means a written current recommendation signed by a licensed California physician pursuant to Health and Safety Code Sections 11362.5 and 11352.7.
"Residential treatment facility"
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.
"School"
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.
"Youth-oriented facility"
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.
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.
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.
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)