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CABICC 2014 Initiative - Medical Marijuana Control Act - Lake County CA

CABICC 2014 Initiative - Medical Marijuana Control Act - Lake County CA

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Published by LakeCoNews
The CABICC 2014 Initiative called the Medical Marijuana Control Act for Lake County CA.
This initiative was prepared by CABICC in response to the county's Measure N also known as Ordinance 2997 which was challenged by CABICC.
The initiative seeks to regulate marijuana cultivation in the county of Lake.
Authors unknown 34 pages
Submitted to the county of Lake on April 1, 2014.
The CABICC 2014 Initiative called the Medical Marijuana Control Act for Lake County CA.
This initiative was prepared by CABICC in response to the county's Measure N also known as Ordinance 2997 which was challenged by CABICC.
The initiative seeks to regulate marijuana cultivation in the county of Lake.
Authors unknown 34 pages
Submitted to the county of Lake on April 1, 2014.

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04/02/2014

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To The Honorable Board of Supervisors of Lake County: We, the signers of this petition, registered and qualified voters and

residents of Lake County, hereby propose an ordinance as set forth herein belo and request that the proposed ordinance be i!!ediately passed by the Board of Supervisors or other ise be sub!itted to the vote of the people at the earliest regular or special election for hich this petition qualifies pursuant to the California "lections Code and other applicable la s# The te$t of the ordinance is set forth belo and on the subsequent pages# TH" %"&%L" &' L()" C&*+T, -& &.-(/+ (S '&LL&WS:

Section 1.

Title

This initiative shall be kno n and !ay be cited as the 0edical 0ari1uana Control (ct#

Section 2.

Findings, Purpose, and Intent

The findings, purpose, and intent of this initiative are the sa!e as those found in Section 2 i!!ediately belo , as e$pressed in the creation of, or a!end!ents to, sections 34563#4 and 34563#3 of Lake County 7oning &rdinance#

Section 3.

Medical Marijuana Cultivation Prohibition and i!ited "#ceptions

(rticle 63 of the Lake County 7oning &rdinance, if currently in effect in any for!, is hereby repealed in its entirety, and then, or other ise if not e$isting or in effect, is created, enacted, ordained and effectuated by the 8oters to read ith this e$act content only and no other: $%TIC " &2 S"C. 21'&2 %"() $TI*+S F*% T," C) TI-$TI*+ *F M".IC$ M$%I/)$+$ &2.1 &2.2 &2.3 &2.1 &2.3 &2.4 Findings and Purpose Intent $pplicabilit0 .e2initions *utdoor Cultivation i!its and "nviron!ental Standards Creation o2 Medical Marijuana "n2orce!ent .ivision

3399:639;#doc, %age 4 of 2<

&2.& &2.5 &2.6

.uties and Functions o2 Medical Marijuana "n2orce!ent .ivision Creation o2 Medical Marijuana "n2orce!ent *22icer Mini!u! Mandator0 7uali2ications o2 Medical Marijuana "n2orce!ent

*22icer &2.18 Collective Cultivation %egistration and Fees &2.11 Collective Cultivation Co!pliance and .ocu!entation &2.12 Medical Marijuana "n2orce!ent .ivision Co!plaint and +uisance $bate!ent Procedure &2.13 +uisance .eclared9 "n2orce!ent $uthorit0 &2.11 Su!!ar0 $bate!ent &2.13 $bate!ent procedures &2.14 "n2orce!ent &2.1& iabilit0 &2.15 Con2licts :ith *ther Codes

&2.1 =a>

Findings and Purpose /n 4??:, the voters of the State of California approved %roposition 34@ =codified as

California Health and Safety Code section 442:3#@, and entitled AThe Co!passionate *se (ct of 4??:A># =b> The regulated cultivation of !edical !ari1uana by individuals and collectives

allo s healing and relieves unnecessary suffering caused both by disease and side effects of the treat!ents of disease# =c> (ccording to nu!erous university studies, !edical publications, and independent

researchers, !ari1uana has been found to offer relief fro! a ide range of ail!ents and side effects of treat!ents for disease# =d> life# =e> The State of California and the County of Lake derive their sovereignty fro! the 'ederal policy denying that !ari1uana has !edicinal uses is rong and i!!oral,

causing unnecessary suffering to, and destruction of, personal, fa!ily, and co!!unity

3399:639;#doc, %age 3 of 2<

sa!e eternal source: the people, the citiBens, and the voters of the State and the County and have the right and sole!n duty to chart their o n destinies, including and especially as to !atters of the public health and elfare# =f> (ll citiBen patients have a right to cultivate enough !edicine to !eet their o n

personal needs on their o n property and in their o n ho!es provided they are respectful of their neighborsC right to peaceful en1oy!ent of their o n property# =g> 0any patients are not capable of cultivating their o n !ari1uana# Cultivation

involves strenuous physical activity, constant attention, and a siBeable infrastructural invest!ent# Creating regulations for collective cultivation creates access for patients ho other ise ould not be able to cultivate their o n !edicine# =h> By co!bining !ultiple s!aller gardens into one !ediu!5siBed collective garden,

econo!ies of scale can be reached ithout gro ing so large as to i!pact the surrounding co!!unity, particularly if such collective gardens follo appropriate locational and security require!ents# 0oreover, collective gardens are less likely than individual gardens to be left unattended, hich reduces the risk of garden5related cri!e, and are easier for the County to keep track of and regulate# =i> The federal govern!ent is allo ing Colorado and Washington to !ove for ard

ith !ari1uana legaliBation, and has stated that they are taking a hands5off approach to locally5regulated !ari1uana# /n his (ugust 3?, 3942 !e!orandu! to *nited States (ttorneys, Sub1ect: Duidance .egarding 0ari1uana "nforce!ent, -eputy (ttorney Deneral Ea!es 0# Cole rote, F/n 1urisdictions that have enacted la s legaliBing !ari1uana in so!e for! and that have also implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of !ari1uana, conduct in co!pliance ith those la s and regulations is less likely to threaten the federal enforce!ent priorities#G ="!phasis added#> Thus, it is i!perative that Lake County i!ple!ent Fstrong and effective regulatory and enforce!ent syste!s to control the cultivationG of !edical !ari1uana to stay in co!pliance ith prevailing federal tolerance para!eters# =1> Land use and nuisance issues arise in the absence of reasonable regulations and

3399:639;#doc, %age 2 of 2<

effective enforce!ent# To prevent such issues fro! arising, and to address the! hen and if they do, the County should pro!ulgate reasonable regulations and i!ple!ent effective enforce!ent of those regulations# =k> /n 399<, the Legislature enacted Senate Bill <39 =codified as California Health and

Safety Code sections 442:3#6 et seq#> to clarify the scope of %roposition 34@, and to provide qualifying patients and pri!ary caregivers ho collectively or cooperatively cultivate !ari1uana for !edical purposes ith a li!ited defense to certain specified State cri!inal statutes# =l> Health and Safety Code section 442:3#;2 e$pressly allo s cities and counties to

adopt and enforce ordinances that are consistent ith Senate Bill <39# The California Supre!e Court reaffir!ed the authority of local 1urisdictions to regulate land uses in City of Riverside vs. Inland Empire Patients Health and Wellness Center Inc. =@: Cal#<th 63?, 4@: Cal# .ptr# 2d <9?, 299 %# 2d <?< =3942>># =!> The CountyHs geographic and cli!atic conditions, along ith the sparse population

in !any areas of the County provide conditions that are favorable to outdoor !ari1uana cultivation, and the County has e$perienced a significant increase in the nu!ber of people !oving to the area seasonally to cultivate large a!ounts of !ari1uana, so!eti!es fro! other states# Some of these people are causing significant damage to area watersheds# Soils, fertiliBers and rodenticides are so!eti!es left behind as sites are abandoned for the inter# =n> %roposition 34@ and Senate Bill <39 pri!arily address the cri!inal la , providing

qualifying patients and pri!ary caregivers ith li!ited i!!unity fro! state cri!inal prosecution under certain identified statutes# +either %roposition 34@ nor Senate Bill <39, nor the (ttorney DeneralHs (ugust 399; Duidelines for the Security and +on5-iversion of 0ari1uana Dro n for 0edical *se adopted pursuant to Senate Bill <39, provides co!prehensive civil regulation of pre!ises used for !ari1uana cultivation# The unregulated cultivation of !ari1uana in the unincorporated area of Lake County can adversely affect the health, safety, and ell5being of the County, its residents and environ!ent# Co!prehensive civil regulation of pre!ises used for !ari1uana cultivation is

3399:639;#doc, %age < of 2<

proper and necessary to avoid the risks of violent cri!inal activity and degradation of the natural environ!ent, that !ay result fro! unregulated !ari1uana cultivation, and that are especially significant if the a!ount of !ari1uana cultivated on a single legal parcel is not regulated and substantial a!ounts of !ari1uana are thereby allo ed to be concentrated in one place# =o> 8arious environ!ental issues can arise fro! any kind of agricultural or gardening

activity, including the cultivation of !ari1uana for !edical purposes# To address such issues, the County should identify, encourage, and publiciBe 0edical 0ari1uana Cultivation Best 0anage!ent %ractices, including but not li!ited to: WaterI Soil Conservation, "rosion and Sedi!entationI %otting SoilI (!end!ents, +utrients, and 'ertiliBersI -isease and %est ControlI .ats, 0ice, and &ther Wildlife Har!ful to CultivationI etc# =p> /t is the purpose and intent of this (rticle to i!ple!ent State la by providing a

!eans for regulating the cultivation of !edical !ari1uana in a !anner that is consistent ith State la and hich balances the needs of !edical patients and their caregivers and pro!otes the health, safety, and elfare of the residents and businesses ithin the unincorporated areas of the County of Lake# This (rticle is intended to be consistent ith %roposition 34@ and Senate Bill <39, and to ards that end, is not intended to prohibit persons fro! individually, collectively, or cooperatively e$ercising any right other ise granted by State la # .ather, the intent and purpose of this (rticle is to establish reasonable regulations upon the !anner in hich !ari1uana !ay be cultivated, including restrictions on the a!ount of !ari1uana that !ay be individually, collectively, or cooperatively cultivated in any location or pre!ises, in order to protect the public health, safety, elfare and environ!ent in Lake County, and that is in confor!ance ith the provisions of California Health and Safety Code Section 442:3#@ through 442:3#;2# =q> The li!ited right of qualified patients and their pri!ary caregivers under State la

to cultivate !ari1uana plants for !edical purposes does not confer the right to create or !aintain a public nuisance# By adopting the regulations contained in this (rticle, the County ill achieve a significant reduction in the afore!entioned har!s caused or threatened by the unregulated cultivation of !ari1uana in the unincorporated areas of Lake

3399:639;#doc, %age @ of 2<

County# =r> Based on the 'ull Ti!e "!ployee cost to the County of a Code "nforce!ent

&fficer being appro$i!ately J22#@3 per hour according to staff, and based on the cost of equipping and facilitating a Code "nforce!ent &fficer, and based on the anticipated participation in the !edical !ari1uana cultivation registration syste! being proportionally equivalent to that historically de!onstrated in other counties, a li!it of J@9#99 =fifty dollars> as a registration and regulation cost recovery fee per plant registered is found to be reasonable#

&2.2

Intent

=a> /t is the intent of the 8oters of Lake County to prohibit the large scale cultivation of !ari1uana used for non5!edical purposes, hile regulating the cultivation of li!ited a!ounts of !ari1uana for !edical purposes to acco!!odate the needs of qualified patients andKor their caregivers, in order to protect Lake CountyHs unique and sensitive environ!ent, and to preserve the public peace, health, safety and general elfare of the citiBens of, and visitors to, the County, by co!prehensively and co!pletely regulating all !edical !ari1uana cultivation ith the specific prohibitions and e$ceptions provided in this initiative ordinance# /t is also the intent of the 8oters that nothing in this (rticle shall be construed to allo persons to engage in conduct that endangers others or causes a public nuisance, or to allo the use or diversion of !ari1uana for non5!edical purposes# =b> /t is also the intent of the 8oters that the enforce!ent of regulations regarding !edical !ari1uana cultivation be pri!arily ad!inistrative in nature and handled by a ne 0edical 0ari1uana "nforce!ent -ivision under the Co!!unity -evelop!ent -epart!ent hich shall have at least one full ti!e 0edical 0ari1uana "nforce!ent &fficer ho shall use infor!al, educational, ad!inistrative, and civil abate!ent, !easures and penalties only# =c> /t is also the intent of the 8oters that no depart!ent, agency, co!!ission, officer, or e!ployee of the County of Lake shall use any County funds or resources to assist in the enforce!ent of 'ederal controlled substance la s to the e$tent that they are inconsistent

3399:639;#doc, %age : of 2<

ith California !edical !ari1uana la s, including but not li!ited to the C*( and 00%, unless such assistance is required by 'ederal or State statute, regulation, or court decision# =d> /t is also the intent of the 8oters that the County of Lake shall not accept any 'ederal funding that ould be used to investigate, cite, arrest, prosecute, or seiBe property based on offenses other ise legal under California !edical !ari1uana la s, nor participate in any task force that accepts any 'ederal funding or revenue sharing and that investigates, cites, arrests, prosecutes, or seiBes property based on offenses other ise legal under California !edical !ari1uana la s# Specifically, these prohibitions on accepting funding and task force participation shall not apply to the follo ing activities here not legal under California !edical !ari1uana la s: =4> =3> =2> =<> &2.3 -istribution or sale of !ari1uana to !inorsI Cultivation or sale of !ari1uana on public propertyI -riving under the influenceI and /nterstate or international gang activity#

$pplicabilit0

The provisions of this (rticle shall be applicable to all persons and businesses described herein hether the activities described herein ere established before or after the effective date of this (rticle# &2.1 =a> .e2initions Cultivation: The planting, gro ing, harvesting, drying, processing or storage of

one or !ore !ari1uana plants or any part thereof# =b> Collective cultivation: Cultivation by !ore than one Lualified %atient or %ri!ary

Caregiver, or in e$cess of : plants on one legal parcel# =c> "nforce!ent &fficial: (s used in this (rticle, shall !ean the Co!!unity

-evelop!ent -irector, or the 0edical 0ari1uana "nforce!ent &fficer of the ne ly created 0edical 0ari1uana "nforce!ent -ivision in the Co!!unity -evelop!ent

3399:639;#doc, %age 6 of 2<

-epart!ent# =d> 'ence: !eans a all or a barrier connected by boards, !asonry, rails, panels, ire

or any other !aterials approved by the Co!!unity -evelop!ent -epart!ent for the purpose of enclosing space or separating parcels of land# The ter! AfenceA does not include retaining alls, plastic, tarp, ba!boo coverings, corrugated !etal, or other !aterials not designed or !anufactured for use as a fence# =e> Legal parcel, (ssessorCs parcel and Contiguous parcel: Legal parcel !eans any

parcel of real property that !ay be separately sold in co!pliance ith the Subdivision 0ap (ct =-ivision 3 =co!!encing ith Section ::<49> of Title 6 of the Dovern!ent Code># (ssessorCs parcel !eans a specific plot of land designated by the Lake County (ssessor ith an (ssessorCs %arcel +u!ber, or (%+# Contiguous %arcel =either legal or assessorCs>, or contiguous, !eans a parcel that shares or touches an edge or boundary of a legal parcel ith a %er!itted residential use# 'or the purposes of this (rticle only, provided there is a %er!itted residential use on a legal parcel, additional contiguous legal or assessorCs parcels ithout a %er!itted residential use and under the sa!e possession and control shall be construed, at the discretion of the person ith possession and control, as part of the sa!e legal parcel only for purposes of deter!ining total siBe in acreage, the nu!ber of plants allo ed or prohibited, and here the plants can be cultivated# =f> 0ari1uana: shall have the sa!e !eaning as that set forth in California Health and

Safety Code Section 4494;# =g> 0ari1uana plant, or %lant: !eans a !ari1uana plant hose se$ can be deter!ined

by visual inspection# =h> 0edical 0ari1uana: !eans !ari1uana gro n for qualified patients, and the

designated pri!ary caregivers of qualified patients, for !edical purposes, as provided in California Health and Safety Code Section 442:3#@# =i> 0edical 0ari1uana Collective: !eans Lualified %atients andKor designated %ri!ary

Caregivers of Lualified %atients, ho associate as a collective, or ho for! a cooperative, to collectively or cooperatively cultivate 0ari1uana for !edical purposes, as provided in

3399:639;#doc, %age ; of 2<

California Health and Safety Code Section 442:3#66@, as !ay be a!ended# The ter! collective shall include AcooperativeA unless the conte$t clearly indicates other ise# =1> 0edical 0ari1uana "nforce!ent -ivision =00"->: a ne ly created division of

the Co!!unity -evelop!ent -epart!ent created by the 8oters of Lake County by this initiative ordinance to oversee and enforce co!pliance ith this (rticle# =k> 0edical 0ari1uana "nforce!ent &fficer =00"&>: a ne position created by the

8oters of Lake County by this initiative ordinance, ithin the ne ly created 0edical 0ari1uana "nforce!ent -ivision in the Co!!unity -evelop!ent -epart!ent, to oversee and enforce co!pliance ith this (rticle# (n 00"& is parallel to, equivalent in pay and position to, and has the sa!e po ers as, a 7oning Code Co!pliance &fficer# =l> &utdoor Cultivation: Shall !ean cultivation activities that are not conducted

ithin a fully enclosed, per!itted building, constructed of solid !aterials, accessible only through one or !ore locking doors# 'or purposes of this ordinance, cultivation ithin a greenhouse, ro cover, or AhoophouseA shall be considered outdoor cultivation# =!> %esticides: Shall have the sa!e !eaning as set forth in (rticle 4, -ivision :,

Section :999 of the California Code of .egulations, and (rticle 4, -ivision 6, Section 436@2 of the California 'ood and (griculture Code# =n> =o> %lant: see, 0ari1uana plant, above# %ri!ary Caregiver: Shall !ean the individual designated by the patient ho has

consistently assu!ed responsibility for the housing, health, or safety of that person, as defined in %roposition 34@ and Senate Bill <39, and in the binding opinions of the California Supre!e Court and appellate courts interpreting the!, and shall not !erely provide qualified patient=s> ith !edical !ari1uana# 'or purposes of this (rticle, the pri!ary caregiverCs pri!ary place of residence shall be ithin Lake County# =p> %re!ises: /ncludes the actual building, as ell as accessory structures, parking

areas and other on5site i!prove!ents# =q> Lualified %atient: ( person ho either has a State of California 0edical 0ari1uana

3399:639;#doc, %age ? of 2<

/dentification Card, or a reco!!endation to use !ari1uana for !edical purposes fro! a physician licensed by the State of California, and ho is entitled to the protections of the Co!passionate *se (ct of 4??: andKor the 0edical 0ari1uana %rogra! (ct of 3992# =r> .esidentK.esidentialK%er!itted .esidential *seK.esidency: The pri!ary place of

residence for persons engaging in the individual cultivation of !edical !ari1uana shall be the legal parcel on hich the !edical !ari1uana is cultivated# 'or collective cultivation, as provided in Section 63#@=1>=4>, belo , the legal parcel on hich the !edical !ari1uana is cultivated shall be the principal pri!ary residence of at least one of the pri!ary caregivers or qualified patients for ho! the !edical !ari1uana is being cultivated# 'or the purposes of this (rticle, F%er!itted .esidential *seG shall include, ithout li!it, prior legal nonconfor!ing uses and Te!porary - elling %er!its#

&2.3 *utdoor Cultivation i!its and "nviron!ental Standards; =a> Cultivation on vacant parcels is prohibited e$cept for contiguous parcels as set

forth in Section 63#<=e># Cultivation is an accessory use to an e$isting, %er!itted .esidential *se of a legal parcel, and the qualified patient or pri!ary caregiver engaged in individual cultivation !ust reside at the site of the legal parcel# =b> &utdoor cultivation by qualified patients and pri!ary caregivers, hether

conducted outside or ithin a greenhouse, ro cover, or AhoophouseA shall be co!pletely prohibited on all legal parcels ithin every 7oning -istrict, ith only the follo ing strictly li!ited e$ceptions: 4# Those legal parcels ith %er!itted .esidential *se, less than one acre in siBe: /n e$cess of < plants per parcel prohibited, provided that the restrictions of section 345<4#4; of this Code continue to apply, and all collective cultivation prohibitedI 3# Those legal parcels ith %er!itted .esidential *se, at least 4

3399:639;#doc, %age 49 of 2<

acre but less than @ acres in siBe: /n e$cess of 43 plants prohibitedI 2# Those legal parcels ith %er!itted .esidential *se, at least @ acres in siBe: in e$cess of <; plants prohibited# The foregoing li!itations shall be i!posed regardless of the nu!ber of qualified patients or pri!ary caregivers residing at the legal parcel or participating directly or indirectly in the cultivation# Cultivation of plant nu!bers belo the nu!ber prohibited by Bone or legal parcel siBe shall be allo ed if and only if all other provisions of this (rticle are !et, provided that the restrictions of section 345<4#4; of this Code continue to apply# =d> &utdoor cultivation shall not be conducted ithin :99 feet of any public or private

ele!entary, !iddle or high school# =e> &utdoor cultivation, including any topsoil, pesticides as defined by Section

63#<=!> of this (rticle, or fertiliBers used for the cultivation of !edical !ari1uana shall not be located or applied, ithin 499 feet of any spring, top of bank of any creek or seasonal strea!, edge of lake, delineated etland or vernal pool# 'or purposes of deter!ining the edge of Clear Lake, the setback shall be !easured fro! the full lake level of 6#6? feet on the .u!sey Dauge# =f> (ll persons engaging in the cultivation of !edical !ari1uana shall: 4# 3# Have a legal ater source on the pre!ises# +ot engage in unla ful or unper!itted surface dra ing of ater for such cultivation# 2# +ot allo effluent discharges of irrigation or stor! ater fro! the pre!ises, as defined in Title <9 of the Code of 'ederal .egulations, Section 433#3:, hich could result in degradation of ater quality of any ater body# <# +ot allo the off5site drift or discharge of fertiliBer or pesticides#

3399:639;#doc, %age 44 of 2<

@#

Co!ply ith the California Health and Safety Code, such that the use of haBardous !aterials shall be prohibited in the cultivation of !ari1uana e$cept for li!ited quantities of haBardous !aterials that are belo State threshold levels of @@ gallons of liquid, @99 pounds of solid, or 399 cubic feet of co!pressed gas# (ny haBardous !aterials stored shall !aintain a !ini!u! setback distance of 499 feet fro! any private drinking ater ell, spring, top of bank of any creek or seasonal strea!, edge of lake, delineated etland or vernal pool, and 399 feet fro! any public ater supply ell# The production of any HaBardous Waste as part of the Cultivation process shall be prohibited#

=g>

'encing, screening and security require!ents shall include all of the follo ing: 4# &n legal parcels ith %er!itted .esidential *se, ithin 7oning -istricts .4, .3, .2, and %-., regardless of legal parcel siBe, outdoor cultivation shall be co!pletely screened fro! public vie ith a fully enclosed solid fence of a !ini!u! of si$ =:> but not !ore than eight =;> feet in height, securely surrounding the entire peri!eter of the property, curtilage, or garden, ith locked gates, or doors if access is through a building incorporated into the secure fence line, to prevent unauthoriBed entry# The !ari1uana shall be shielded fro! public vie at all stages of gro th# The fence !ust be adequately secure to prevent unauthoriBed entry and include a locking gate or door that shall re!ain locked at all ti!es hen a Lualified %atient or %ri!ary Caregiver is not present ithin the Cultivation area# (ll fences shall co!ply ith the location and height li!itations of the 7oning &rdinance and fences seven =6> feet or taller shall require approval of a building per!it fro! the Lake County Building and Safety -ivision prior to construction# 3# &n legal parcels ith %er!itted .esidential *se, covered by sections 63#@=b>=3>5=<> above, outdoor cultivation shall be

3399:639;#doc, %age 43 of 2<

co!pletely screened or not visible fro! public vie and reasonably secure fro! unauthoriBed intrusion# F.easonably secureG !ay include but shall not be li!ited to, securely surrounding the entire peri!eter of the property, curtilage, or garden, ith a fully enclosed solid fence of a !ini!u! of si$ =:> but not !ore than eight =;> feet in height, ith locked gates or doors, as per section 63#@=g>=4>, i!!ediately above# The !ari1uana shall be shielded fro! public vie at all stages of gro th# The cultivation area !ust be secured fro! unauthoriBed entry at all ti!es hen a qualified patient or caregiver is not present ithin the cultivation area# (ll fences shall co!ply ith the location and height li!itations of the 7oning &rdinance and fences seven =6> feet or taller shall require approval of a building per!it fro! the Lake County Building and Safety -ivision prior to construction# =h> 4# &n legal parcels ith %er!itted .esidential *se, ithin 7oning -istricts .4, .3, .2, and %-., and on all legal parcels of less than one acre in siBe, outdoor !edical !ari1uana shall not be cultivated or other ise placed ithin 39 feet of any property line or ithin 3@ feet of any off5site residence, as !easured fro! the edge of the cultivation area# 3# &n legal parcels ith %er!itted .esidential *se, at least one acre but less than five acres in siBe, outdoor !edical !ari1uana shall not be cultivated or other ise placed ithin @9 feet of any property line or ithin 6@ feet of any off5site residence, as !easured fro! the edge of the cultivation area# 2# &n legal parcels ith %er!itted .esidential *se, at least five acres but less than t enty acres in siBe, outdoor !edical !ari1uana shall not be cultivated or other ise placed ithin @9 feet of any property line or ithin 6@ feet of any off5site residence, as !easured fro! the edge of the cultivation area#

3399:639;#doc, %age 42 of 2<

<#

(n e$ception to the li!its set forth in sub5sections 63#@ =h> =3> and =2> above can be approved by the 00"& if good cause is sho n# The approval shall be in riting and shall be returned ith the application docu!ents to the applicant ho shall !aintain the! ith the rest of the co!pliance docu!ents to be !aintained per section 63#44# (pplication for e$ceptions !ust be sub!itted in riting and include: a# 0ap dra n or photographed, sho ing actual distance fro! property line or off site residence# b# /llustration of good cause hy li!itations cannot be !et# c# Letter fro! any affected contiguous neighbor supporting the application for e$ception, including ith required conditions such as but not li!ited to greenhouses or specific strain cultivation#

=i>

0edical 0ari1uana cultivation shall not adversely affect the health or safety of nearby residents by creating e$cessive dust, glare, heat, noise, traffic, odor or other i!pacts, or be haBardous due to use or storage of fertiliBers, pesticides or astes#

=1>

The follo ing additional standards shall apply to outdoor collective cultivation: 4# The legal parcel on hich the !edical !ari1uana is cultivated shall be the principal pri!ary residence of at least one of the pri!ary caregivers or qualified patients for ho! the !edical !ari1uana is being cultivated# 3# The cultivation shall be co!pletely screened fro! public vie and secure fro! unauthoriBed intrusion, as set forth above in 63#@=g>=3># The cultivation area !ust be secure fro! unauthoriBed entry at all ti!es hen the qualified patient or caregiver is not in the i!!ediate area# 'ences and gates shall

3399:639;#doc, %age 4< of 2<

co!ply ith the height li!its specified by Section <3#44 of the 7oning &rdinance, and the definition of AfenceA provided in this (rticle# 2# +othing herein shall li!it the ability of "nforce!ent &fficials fro! entering the property to conduct co!pliance inspections necessary to ensure co!pliance ith this (rticle# The 0edical 0ari1uana "nforce!ent -ivision is authoriBed to deter!ine the nu!ber and ti!ing of inspections that !ay be required# <# The enforce!ent of regulations regarding !edical !ari1uana cultivation shall be pri!arily ad!inistrative in nature and shall be ad!inistered by the 0edical 0ari1uana "nforce!ent -ivision, under the Co!!unity -evelop!ent -epart!ent, hich shall have at least one full ti!e 0edical 0ari1uana "nforce!ent &fficer ho shall use infor!al, educational, ad!inistrative, and civil abate!ent !easures and penalties only# &2.4 Creation o2 Medical Marijuana "n2orce!ent .ivision; There is hereby created

a 0edical 0ari1uana "nforce!ent -ivision =00"-> in the Co!!unity -evelop!ent -epart!ent =also kno n as the Lake County %lanning -epart!ent> parallel to the other divisions therein# &2.& .uties and Functions o2 Medical Marijuana "n2orce!ent .ivision; The duties

and functions of the 0edical 0ari1uana "nforce!ent -ivision =00"-> are to oversee and enforce co!pliance ith this (rticle, and include but are not li!ited to: 4> Co!!unity "ducation =via in5person classes, printed guides to best

!anage!ent practices, including the +orthern California 'ar!ers Duide, and ebsite> on: (> 0edical 0ari1uana .egulations 'ound in this (rticle =including, registration application process, co!pliance, and enforce!ent>, and B> 0edical 0ari1uana Cultivation Best 0anage!ent %ractices =including

3399:639;#doc, %age 4@ of 2<

issues regarding: WaterI Soil Conservation, "rosion and Sedi!entationI %otting SoilI (!end!ents, +utrients, and 'ertiliBersI -isease and %est ControlI .ats, 0ice, and &ther Wildlife Har!ful to CultivationI etc#>I 3> 2> <> (ccepting and processing registration applicationsI .eceiving and trans!itting fees and ta$es as appropriateI and .esponding to co!!unity co!plaints: sending notice letters, follo 5up

co!pliance inspections, discretionary deter!ination of regulatory violation =nuisance per se> and of actual nuisance in fact, ad!inistrative enforce!ent per code =including su!!ary abate!ent here arranted> or referral to County Counsel for civil enforce!ent in Superior Court# &2.5 Creation o2 Medical Marijuana "n2orce!ent *22icer; There is hereby created a position of 0edical 0ari1uana "nforce!ent &fficer =00"&> in the 0edical 0ari1uana "nforce!ent -ivision =00"-># The duties and functions of the 0edical 0ari1uana "nforce!ent &fficer are the sa!e as those of the -ivision# ( 0edical 0ari1uana "nforce!ent &fficer shall be parallel to, equivalent in pay and position to, given at least the sa!e equip!ent, tools, transportation, co!!unication, and offices as, and have the sa!e po ers as, a Code "nforce!ent and 7oning Code Co!pliance &fficer at the (dvanced Level# There shall be at least one full5ti!e county e!ployee 0edical 0ari1uana "nforce!ent &fficer at all ti!es# &2.6 Mini!u! Mandator0 7uali2ications o2 Medical Marijuana "n2orce!ent

*22icer; +o 0edical 0ari1uana "nforce!ent &fficer =00"&> shall be hired be the co!!unity develop!ent director, unless ratified by a !a1ority vote of the Board of Supervisors follo ing a public hearing on the qualifications of the applicant# (pplicant should be sub1ect to the sa!e pre5e!ploy!ent screening as other e!ployees of the Co!!unity -evelop!ent -epart!ent, and shall not have any drug5related cri!inal convictions# /n addition to these require!ents, the 00"& shall !eet the follo ing require!ents, provided that these require!ents are aived if no one ith these qualifications applies, in hich case they should be follo ed closely as guidelines:

3399:639;#doc, %age 4: of 2<

4> )no ledge of, or e$perience ith, legal cannabis cultivation# 3> )no ledge of, or e$perience ith, organic far!ing and best far!ing practices# 3> )no ledge of, or e$perience ith, Boning regulations or code co!pliance# &2.18 Collective Cultivation %egistration and Fees =a> (ll collective cultivation activity of !ore than 43 plants per legal parcel !ust be

registered annually ith the 0edical 0ari1uana "nforce!ent -ivision =00"-> before plants are planted# Cultivation activity of 43 plants or less can also be voluntarily registered# .egistration docu!ent require!ents shall consist of and be strictly li!ited to these nine ite!s, of hich only the first three shall be !aintained in the 00"-Cs files, the latter si$ shall be revie ed for co!pleteness at the 00"- registration processing appoint!ent and returned to the registrant ith a Ffiled5received ti!e and dateG sta!p# 4# .egistrant -ocu!entation Copies of California State 0edical 0ari1uana /dentification Cards =00/-s> are !andatory for Lake County collective cultivation registrationI at least one such card !ust be produced by the registrant, ho shall be a patient or caregiver !e!ber responsible for garden !anage!ent and co!pliance ith this (rticle, to be used to identify the registration file# /f the registrant has applied for an 00/- and applies for registration before the 00/- has been received, the registrant can register by producing evidence of having applied in hich case the 00"- shall issue a te!porary nu!ber to be used in place of the 00/- nu!ber, hich the registrant !ust !aintain a record of# Within ten days of receiving the 00/-, the registrant shall provide the 00"- a copy of the 00/- and the te!porary nu!ber so that the registration file can be re5identified by 00/- nu!ber# See, e#g#, http:KKhealth#co#lake#ca#usK0edicalM0ari1uanaM/dentificationMCardMM00/ -M#ht!

3399:639;#doc, %age 46 of 2<

3#

Collective -ocu!entation /ncluding, if e$isting, Collective (gree!ent, (rticles of /ncorporation, or (rticles of (ssociationI or 0e!bership 'or!s, indicating agree!ent to associate to cultivate collectively, signed and redacted of all identifying infor!ation, including docu!entation of !e!bersC eligibility as qualified patients or pri!ary caregivers, such as copies of 00/- cards or current physician reco!!endationsI or docu!entation indicating that the registrant is cultivating on behalf of a storefront collective that !aintains records of pri!ary caregiver and qualified patient !e!bers, available on reasonable request#

2#

Co!pleted 00"- .egistration 'or! This for! ill be prepared by the 00"-, and ill request the 00/nu!ber of the registrant, the nu!ber of plants to be cultivated, and ackno ledg!ent that the registrant has received: a copy of this (rticle and agrees to fully co!ply there ith, including by !aintaining for at least one year, all the docu!ents required by this Section 63#49=a>=4>5=?>, including all registration application docu!ents, including (nnual Certificate of 0edical 0ari1uana Collective Cultivation .egistration and 'ee %ay!ent, Site %lan, +eighborhood Conte$t 0ap, 'encing %lan, Water docu!entation that indicates legal source require!ent is !et, Soil Conservation %lanK"ffluent -ischarge .eduction %lan, and -isease and %est 0anage!ent %lanI and a copy of +orthern California 'ar!ers Duide and other best !anage!ent practices guides and infor!ation to be produced and provided by 00"-#

<#

Site %lan States and sho s here and ho !uch land ill be planted, any required fencing, and nu!ber of plants#

@#

+eighborhood Conte$t 0ap

3399:639;#doc, %age 4; of 2<

Sho s that the site !eets all Boning and locational restrictions# :# 'encing %lan -escribes co!pliant fencing as needed =can be part of Site %lan> The above plans need not be architectural dra ings, a !odified Doogle earth photo, or carefully dra n to scale plan on at least ;#@G $ 44G for!at, or equivalent, ill suffice# The follo ing docu!ents together shall be kno n as the 'ar! %lan =including so!e !aintained as ongoing logs of operations>: 6# Water docu!entation /ndicates legal source require!ent is !et# ;# Soil Conservation %lanK"ffluent -ischarge .eduction %lan States hether plants are or ill be planted in the ground, beds, or potsI ho the cultivated area has been and or ill be a!ended, and the anticipated nutrient application schedule details and historical log !aintained in real ti!e# /ncludes a !ediu! disposal plan# /f the !ediu! is going to be reused for !ultiple seasons, describes hat efforts ill be !ade to eli!inate nutrient runoff fro! occurring during the inter rain season# ?# -isease and %est 0anage!ent %lan &utlines the far!ing operations plan for deterring disease, pest and rodent issues# /nclude anticipated preventative treat!ents as ell as ongoing treat!ents# (ll treat!ents shall be logged for each application# Log infor!ation shall include type of pesticideKfungicide used, ratio of !i$ture, date of application, and reason for application#

=b>

Collective cultivation annual registration requires pay!ent of a fee per plant, to be

set by the Lake County Board of Supervisors in accordance ith all applicable la s and regulations, and to be incorporated as part of the %lanning -epart!ent 'ee Schedule, and

3399:639;#doc, %age 4? of 2<

not to e$ceed J@9 =fifty dollars> per plant# =c> *pon receipt of a co!plete and facially valid set of registration docu!ents and

pay!ent of the required fee, the 00"- shall, i!!ediately, issue an (nnual Certificate of 0edical 0ari1uana Collective Cultivation .egistration and 'ee %ay!ent, indicating the date of registration, the 00/- +u!ber of the registrant, the nu!ber of plants registered and the total fee paid# The 00"- is authoriBed to accept such docu!ents either over the counter on de!and or by appoint!ent !ade by phone or e!ail, provided that such appoint!ent inquiries shall be responded to ithin three business days and offer an appoint!ent ithin five business days of the response to sub!it registration docu!ents and pay the registration fee# The 00"- ill also provide registrant ith a copy of all registration docu!ents ith a Ffiled5received ti!e and dateG sta!p# =d> .egistration files !aintained by the 00"- shall be identified by the 00/-

nu!ber of the individual registrant onlyNno other identifying infor!ation shall be requested or required# This syste! of enforce!ent is co!plaint5driven only# &n receipt of a co!!unity co!plaint by a neighbor orking or residing ithin :99 feet of the alleged nonco!pliant collective cultivation site, the 00"- shall send a notice to the o ner and occupant of the property co!plained of, as described in detail belo at 63#43 O 63#4@# /f the alleged nonco!pliance is not corrected ithin the ti!e prescribed and a second co!plaint is received, the 00"- ill inspect and take su!!ary or regular abate!ent !easures as arranted#

&2.11 Collective Cultivation Co!pliance and .ocu!entation =a> Collective cultivation registrants are required to 4> fa!iliariBe the!selves ith all

the relevant require!ents of state and county la , including this (rticle and the contents of the 0edical 0ari1uana "nforce!ent -ivisionCs Co!!unity "ducation ebsite, 3> to re!ain in co!pliance ith all state and local legal require!ents, including those affecting environ!ental integrity, 2> not create or allo nuisance, and <> actively pro!ote co!!unity har!ony as a good neighbor# Collective cultivation activity !ust not be visible fro! public vie #

3399:639;#doc, %age 39 of 2<

=b>

/f discovered due to co!!unity co!plaint or 0edical 0ari1uana "nforce!ent

-ivision investigation follo ing a co!plaint, the registrant !ust produce to the 00"pro!ptly on reasonable request all of the docu!ents required by Section 63#49=a>=4>5=?>, the (nnual Certificate of 0edical 0ari1uana Collective Cultivation .egistration and 'ee %ay!ent, and any e$ception approval granted per 63#@=h>=<>, hich docu!ents !ust be current and !aintained at the collective cultivation site at all ti!es#

&2.12 Medical Marijuana "n2orce!ent .ivision Co!plaint and +uisance $bate!ent Procedure =a> (ny person residing or orking in Lake County ithin :99 feet of an allegedly nonco!pliant !edical !ari1uana cultivation site !ay co!plain of such to the 00"-# Co!plaints !ust be in riting and !ust specify the location co!plained of# *pon request for anony!ity, Co!plainantsC na!es shall be kept private, and shall not under any circu!stances be disclosed to anyone# &n first co!plaint, 00"- ill i!!ediately ithin 3 business days of discovering property o ner and occupant addresses, send letters to the property o ner and to property occupant advising of their duty 4> to co!ply ith all state and local !edical !ari1uana cultivation regulations, su!!ariBed on the 00"- ebsite and in letter enclosure and 3> to prevent and abate any nuisance in fact, giving 49 days to fully co!ply, sub1ect to inspection and abate!ent, including su!!ary# =b> &n a second co!plaint, !eeting the require!ents described in =a> above, ithin a 4@5day period, 00"- shall inspect the site and deter!ine if there is 4> regulation violation, andKor 3> nuisance in fact, and if so, hether they rise to: (> the level of su!!ary abate!ent, as defined in Section 63#4< belo , hich includes i!!ediate destruction of the plants so offending, ith hearing to follo abate!ent specifically to address the issue of Fi!!ediate threatG, or B> only the level of regular abate!ent including opportunity to co!ply pro!ptly, or to appeal and be heard before abate!ent# =c> ( co!plaint that alleges an i!!ediate threat to public health or safety ill be

3399:639;#doc, %age 34 of 2<

pro!ptly investigated by 00"-, and if ell founded, is sub1ect to su!!ary abate!ent as described in Section 63#4<, belo # =d> Co!plaints by !ultiple neighbors that a cultivation site is a nuisance, including by odor, shall be prioritiBed by the 00"- for pro!pt enforce!ent# The period for co!pliance in =a>=3> above shall be reduced fro! 49 days to @ days in these cases# &dor and other issues !ay be re!edied on a case5by5case basis by pro!ptly installing or constructing a fully5enclosed greenhouse ith odor filters#

&2.13 +uisance .eclared9 "n2orce!ent $uthorit0 =a> The cultivation of !ari1uana plants in e$cess of the a!ounts specified by this (rticle for individuals and collective or cooperative organiBations, on any legal parcel is hereby declared to be unla ful# (ny violation of this ordinance shall constitute a public nuisance and shall be sub1ect to abate!ent as provided by all applicable provisions of la # (ny person ho violates a provision of this (rticle is sub1ect to civil actions and ad!inistrative penalties# =b> (ny person, fir!, partnership, association, corporation or other entity hether a principal agent, e!ployee or other ise, ho o ns or is a tenant upon the property upon hich !edical !ari1uana is cultivated, e$cept as provided for in Sections 63#@, or o ns the !edical !ari1uana that is cultivated at the legal parcel or other ise violates any of the provisions of this ordinance can be charged ith an infraction at the discretion of the district attorney# =c> /f charged as an infraction, the violation shall be punishable by a fine not e$ceeding Three Hundred -ollars =J299#99> for the first violation, 'ive Hundred -ollars =J@99#99> for the second violation ithin one year, and &ne Thousand -ollars =J4,999#99> for each additional violation ithin one year# Such person, fir!, partnership, association, corporation or other entity

3399:639;#doc, %age 33 of 2<

!ay be charged ith a separate offense for each and every day, or portion of a day, that a violation e$ists# =d> (ll re!edies prescribed under this chapter shall be cu!ulative and the election of one or !ore re!edies shall not bar the county fro! the pursuit of any other re!edy for the purpose of abating or other ise regulating or preventing public nuisances# =e> %ri!ary responsibility for enforce!ent of this ordinance shall vest ith the 0edical 0ari1uana "nforce!ent -ivision# =f> +othing herein shall confer on any person the right to !aintain a public or private nuisance# "$cept for actions arising out of this chapter, no provision of this chapter shall be dee!ed a defense or i!!unity to any action brought against any person by the -istrict (ttorney, the State of California, the *nited States, or any other person# &2.11 Su!!ar0 $bate!ent. *nla ful !ari1uana cultivation in violation of Sections 63#@=a> through =f> of this (rticle, that constitutes an i!!ediate threat or danger to the health, safety and elfare of the public !ay, therefore, be su!!arily abated in accordance ith Dovern!ent Code Section 3@;<@# The County !ay nevertheless recover its costs for abating the nuisance in the !anner set forth in Section 63#4@=b>44, and any person=s> deter!ined to be responsible !ay nevertheless be sub1ect to civil actions and ad!inistrative penalties as specified in Section 63#42 P Section 63#4:=b> of this (rticle# &2.13 $bate!ent procedures. Whenever an "nforce!ent &fficial deter!ines that a violation of this Chapter e$ists that results in a public nuisance, he or she shall direct in riting that the public nuisance be abated ithin ten =49> business days# /f the condition=s> continue beyond ten =49> business days and are not abated by the property o ner or tenant, the "nforce!ent &fficial shall be authoriBed to abate the nuisance# =a> +otice and *rder to $bate )nla:2ul Marijuana Cultivation. Whenever

3399:639;#doc, %age 32 of 2<

an enforce!ent official deter!ines that a public nuisance as described in this (rticle e$ists on any property ithin the unincorporated area of Lake County he or she is authoriBed to notify both the o ner and the occupant=s> of the pre!ises through issuance of a A+otice and &rder to (bate *nla ful 0ari1uana Cultivation#G =b> Contents o2 +otice# The +otice set forth in Section 63#4@=a> shall be in riting and shall: 4# Contain a heading, A+otice and &rder to (bate *nla ful 0ari1uana Cultivation,A in letters of not less than three5fourths =Q> of an inch in height# 3# Contain the street address, legal description, (ssessors %arcel +u!ber or other description sufficient to identify the pre!ises affected# 2# /dentify the o ner=s> of record of the property upon hich the nuisance e$ists, and if kno n identify the occupant=s> if other than the o ner=s># <# Contain a description of the condition causing the nuisance, including the code section=s> violated# @# State the action=s> required to correct the violation=s># Where the "nforce!ent &fficial has deter!ined that the condition causing the nuisance can be abated by the property o ner or tenant, the notice shall state the action hich ill be required to co!ply ith this (rticle# :# /dentify the County depart!ent and "nforce!ent &fficial responsible for the enforce!ent action ith contact infor!ation including County office location and telephone nu!ber# 6# State that the o ner or occupant is required to abate the unla ful

3399:639;#doc, %age 3< of 2<

!ari1uana cultivation ithin ten =49> business days after the date that said +otice is dee!ed served# ;# State the date of service, and contain the signature of the "nforce!ent &fficial issuing the +otice# ?# Set forth instructions to the property o ner describing procedures for scheduling a hearing before the Board of Supervisors for the purpose of presenting infor!ation as to hy !ari1uana being cultivated is not in violation of this (rticle and therefore should not be considered a public nuisance# 49# Contain a state!ent that if the property o ner=s> or occupant=s> fails to request a hearing, all rights to appeal any action of the County to abate the nuisance are aived# The ritten request for hearing shall specify hy !ari1uana being cultivated is not in violation of this (rticle and therefore should not be considered a public nuisance and shall be sub!itted on a for! provided by the county included ith the notice including a request for this infor!ation and the instruction that it is required# 44# Contain a state!ent that if the ork is not co!pleted ithin the ti!e specified on the notice, or a hearing has not been requested in accordance ith Section 63#4@=d> of this (rticle, or a ti!e e$tension has not been granted to co!plete the abate!ent, the county !ay abate the nuisance ithout further notification and the property o ner ill be responsible for all costs associated ith the investigation and abate!ent of the nuisance=s># The costs of such abate!ent action !ay be !ade a special assess!ent against the pre!iseI !ay be paid through a Code "nforce!ent -ebt .eduction (gree!entI or alternatively !ay be referred to debt collection agency# =c> Service o2 +otice. Such notice shall be dee!ed properly served if a copy thereof is

3399:639;#doc, %age 3@ of 2<

either: 4# 3# -elivered to both the occupant=s> and o ner=s> personallyI -elivered in any other !anner as prescribed by local la to both the occupant=s> and o ner=s># Service of such notice in the foregoing !anner upon the property o nerHs agent shall constitute service of notice upon the o ner# =d> ,earing Procedure. ( hearing before the Board of Supervisors regarding a +otice and &rder to (bate *nla ful 0ari1uana Cultivation !ay be requested by filing a ritten request for a hearing ith the Lake County Co!!unity -evelop!ent -epart!ent ithin 49 business days of service of the +otice and &rder to (bate *nla ful 0ari1uana Cultivation# The ritten request for hearing shall specify hy !ari1uana being cultivated is not in violation of this (rticle and therefore should not be considered a public nuisance# 4# When a hearing is requested as provided for in the +otice and &rder to (bate *nla ful 0ari1uana Cultivation, the Board shall proceed to hear the testi!ony of the "nforce!ent &fficial, hisKher assistants or deputies, the testi!ony of the o ner or hisKher representatives, the occupant, and the testi!ony of other co!petent persons concerning the conditions constituting such nuisance, the esti!ated cost of abate!ent, and other !atters hich the Board !ay dee! pertinent# (ny person affected !ay be present at such hearing, !ay be represented by counsel, present testi!ony, and !ay cross5e$a!ine the "nforce!ent &fficial, and other itnesses# The hearing !ay be continued fro! ti!e to ti!e# 3# The hearing request shall not be dee!ed co!plete and shall not be for arded to the Board of Supervisors unless it specifies hy the !ari1uana cultivation that is sub1ect to abate!ent in the +otice and &rder to (bate *nla ful 0ari1uana Cultivation is not in violation of this (rticle# The revie authority for deter!ining the adequacy of the hearing

3399:639;#doc, %age 3: of 2<

request shall be the Co!!unity -evelop!ent -irector or his or her designee# 2# The filing of a request for hearing that has been dee!ed co!plete in accordance ith Section 63#4@=d> =3> shall stay the effectiveness of the +otice and &rder to (bate *nla ful 0ari1uana Cultivation until such ti!e as the case has been decided by the Board of Supervisors# <# *pon receipt of a co!plete request for hearing filed in accordance ith this Section, the "nforce!ent &fficial shall schedule a hearing before the Board of Supervisors# +otice of the hearing shall be sent by first class !ail postage prepaid to the property o ner and occupant and any other persons filing the request for hearing# The notice shall state the date, ti!e and place of the hearing = hich in no event shall be sooner than ten =49> days fro! the date of !ailing or posting such notice>, the specific sections of this (rticle that are alleged to be in violation and constitute the public nuisance, and shall direct the o ner=s> and any other persons ho filed to appear and sho cause hy the specified condition or use should not be declared a public nuisance and abated# @# *pon the conclusion of the hearing, the Board of Supervisors !ay ter!inate the abate!ent proceedings, or it !ay uphold the +otice and &rder to (bate *nla ful 0ari1uana Cultivation, prescribing the require!ents of such abate!ent and prescribing the ti!e for the co!pletion of such abate!ent# 6. /f a request for a hearing is not filed ithin the ti!e specified in Section 63#4@=b> of this (rticle, the "nforce!ent &fficial !ay order or cause the abate!ent to be perfor!ed on or after the 44th business day follo ing the service of the +otice and &rder to (bate *nla ful 0ari1uana Cultivation# &2.14 "n2orce!ent.

3399:639;#doc, %age 36 of 2<

=a>

Whenever the "nforce!ent &fficial beco!es a are that an o ner or occupant has failed to abate any unla ful !ari1uana cultivation ithin ten =49> business days of the date of service of the +otice to (bate *nla ful 0ari1uana Cultivation, unless ti!ely appealed, or ithin ten =49> business

days of the date of the decision of the Board of Supervisors requiring such abate!ent, the "nforce!ent &fficial !ay take one or !ore of the follo ing actions: 4# "nter upon the property and abate the nuisance ith County or State personnel# The "nforce!ent &fficial !ay apply to a court of co!petent 1urisdiction for a arrant authoriBing entry upon the property for purposes of undertaking the ork, if necessary# 3# .equest that the County Counsel co!!ence a civil action to redress, en1oin, and abate the public nuisance#

=b> $d!inistrative Civil Penalties. 4# (cts, o!issions, or conditions in violation of this (rticle that continue, e$ist, or occur on !ore than one day constitute separate violations on each day# 8iolations continuing, e$isting, or occurring on the service date, the effective date, and each day bet een the service date and the effective date are separate violations# 3# /n deter!ining the a!ount of the ad!inistrative penalty, the "nforce!ent &fficial, or the court if the violation requires court enforce!ent ithout an ad!inistrative process, shall take into consideration the nature, circu!stances, e$tent, and gravity of the violation or violations, any prior history of violations, the degree of

3399:639;#doc, %age 3; of 2<

culpability, econo!ic savings, if any resulting fro! the violation, and any other !atters 1ustice !ay require# 2# The "nforce!ent &fficial !ay co!!ence the ad!inistrative process by issuance of a +otice of 8iolation and %roposed (d!inistrative %enalty, hich shall state the a!ount of the proposed ad!inistrative penalty and the reasons therefore# The +otice of 8iolation and %roposed (d!inistrative %enalty !ay be co!bined ith a +otice to (bate *nla ful 0ari1uana Cultivation issued pursuant to Section 63#4@=b> of this (rticle# The +otice of 8iolation and %roposed (d!inistrative %enalty shall be served by certified !ail addressed to all of the follo ing: i# The o ner of the property on hich the violation e$ists, at the address sho n on the last equaliBed assess!ent roll or as other ise kno n to the "nforce!ent &fficialI ii# (nyone kno n to the "nforce!ent &fficial to be in possession of the property sub1ect to the +otice, at the street address of the propertyI and iii# (ny other person kno n to the "nforce!ent &fficial ho has caused, per!itted, !aintained, conducted, or other ise suffered or allo ed the violation to e$ist# The failure to serve any person described in this subsection shall not affect the validity of service or the validity of any penalties i!posed upon any other person# <# The contents of the +otice of 8iolation and %roposed (d!inistrative %enal shall be in the !anner in (rticle 8///, Section 425<?#3 of Chapter 42 of the Lake County Code# @# /f any person to ho! the +otice of 8iolation and %roposed (d!inistrative %enalty is issued requests an (d!inistrative (ppeal

3399:639;#doc, %age 3? of 2<

hearing before the Board of Supervisors, the notice of hearing, conduct of hearing, and hearing procedure shall be in accordance ith (rticle 8///, Section 425@2 of Chapter 42 of the Lake County Code# :# /nterest shall accrue on all a!ounts due under this section, fro! the effective date of the ad!inistrative penalty order, as set forth in this section, to the date paid pursuant to the la s applicable to civil !oney 1udg!ents# 6# /n addition to any other legal re!edy, henever the a!ount of any ad!inistrative penalty i!posed pursuant to this Section has not been satisfied in full ithin ?9 days and has not been ti!ely appealed to the Superior Court in accordance ith Dovern!ent Code section @29:?#<, subdivision =b>, or if appealed, such appeal has been dis!issed or denied, this obligation !ay be enforced as a lien against the real property on hich the violation occurred# i# The lien provided herein shall have no force and effect until recorded ith the County .ecorder# &nce recorded, the ad!inistrative order shall have the force and effect and priority of a 1udg!ent lien governed by the provisions of Code of Civil %rocedure section :?6#2<9, and !ay be e$tended as provided in Code of Civil %rocedure sections :;2#449 to :;2#339, inclusive# ii# /nterest shall accrue on the principal a!ount of the lien re!aining unsatisfied pursuant to the la applicable to civil !oney 1udg!ents# iii# %rior to recording any such lien, the enforcing officer shall prepare and file ith the Clerk of the Board of Supervisors a report stating the a!ounts due and o ing# iv# The Clerk of the Board of Supervisors ill fi$ a ti!e, date, and place for the Board of Supervisors to consider the report and

3399:639;#doc, %age 29 of 2<

any protests or ob1ections to it# v# The Clerk of the Board of Supervisors shall serve the o ner of the property ith a hearing notice not less than ten =49> days before the hearing date# The notice !ust set forth the a!ount of the delinquent ad!inistrative penalty that is due# +otice !ust be delivered by first class !ail, postage prepaid, addressed to the o ner at the address sho n on the last equaliBed assess!ent roll or as other ise kno n# Service by !ail is effective on the date of !ailing and failure of o ner to actually receive notice does not affect its validity# vi# (ny person hose real property is sub1ect to a lien pursuant to this Section !ay file a ritten protest ith the Clerk of the Board of Supervisors andKor !ay protest orally at the Board of Supervisors !eeting# "ach ritten protest ob1ection !ust contain a description of the property in hich the protesting party is interested and the grounds of such protest or ob1ection# vii# (t the conclusion of the hearing, the Board of Supervisors ill adopt a resolution confir!ing, discharging, or !odifying the lien a!ount# viii# Within 29 days follo ing the Board of SupervisorsH adoption of resolution i!posing a lien, the Clerk of the Board of Supervisors ill file sa!e as a 1udg!ent lien in the Lake County .ecorderHs &ffice# i$# &nce the County receives full pay!ent for outstanding principal, penalties, and costs, the Clerk of the Board of Supervisors ill either record a notice of satisfaction or provide the o ner ith a notice of satisfaction for recordation at the Lake County .ecorderHs &ffice# This notice of satisfaction ill cancel the CountyHs lien under this section#

3399:639;#doc, %age 24 of 2<

$#

The lien !ay be foreclosed and the real property sold, by the filing of a co!plaint for foreclosure in a court of co!petent 1urisdiction, and the issuance of a 1udg!ent to foreclose# There shall be no right to trial by 1ury# The County shall be entitled to its attorneyHs fees and costs#

;#

(d!inistrative penalties i!posed pursuant to this Section shall also constitute a personal obligation of each person ho causes, per!its, !aintains, conducts or other ise suffers or allo s the nuisance to e$ist# /n the event that ad!inistrative penalties are i!posed pursuant to this section on t o or !ore persons for the sa!e violation, all such persons shall be 1ointly and severally liable for the full a!ount of the penalties i!posed# /n addition to any other re!edy, the county !ay prosecute a civil action through the office of the county counsel to collect an ad!inistrative penalty i!posed pursuant to this section#

?#

%ay!ent of ad!inistrative penalties under this Section does not e$cuse or discharge any continuation or repeated occurrence of the violation that is the sub1ect of the +otice of 8iolation and %roposed (d!inistrative %enalty# The pay!ent of ad!inistrative penalties does not bar the County fro! taking any other enforce!ent action regarding a violation that is not corrected#

49#

/n addition to any other re!edy prescribed in this (rticle, any nuisance as described in this (rticle !ay be sub1ect to an ad!inistrative penalty of up to one thousand dollars =J4,999> per day# The ad!inistrative penalty !ay be i!posed by the ad!inistrative process set forth in this section, as provided in Dovern!ent Code section @29:?#<, or !ay be i!posed by the court if the violation requires court enforce!ent ithout an ad!inistrative process#

&2.1&

iabilit0; The provisions of this (rticle shall not be construed to protect the 0edical 0ari1uana cultivation site o ners, operators and e!ployees, the

3399:639;#doc, %age 23 of 2<

!e!bers of collectives andKor cooperatives associated ith 0edical 0ari1uana cultivation site, and the property o ner=s> of record for each site fro! prosecution pursuant to any la s that !ay prohibit the cultivation, sale, andKor possession of controlled substances# 0oreover, cultivation, sale, possession, distribution, and use of !ari1uana re!ain violations of federal la as of the date of adoption of the ordinance creating this Section, and this Section is not intended to, and does not protect any of the above described persons fro! arrest or prosecution under those federal la s# 0edical 0ari1uana cultivation site o ners, per!ittees, operators and e!ployees, the !e!bers of collectives andKor cooperatives associated ith cultivation sites, and the property o ner=s> of record for each cultivation site assu!e any and all risk and any and all liability that !ay arise or result under state and federal cri!inal la s fro! operation of a 0edical 0ari1uana cultivation site# 'urther, to the fullest e$tent per!itted by la , any actions taken under the provisions of this Section by any public officer or e!ployee of the County of Lake or by Lake County itself shall not beco!e a personal liability of such person or a liability of the County# &2.15 Con2licts :ith *ther Codes; /f this (rticle is found to be in conflict ith any other Chapter, Section, Subsection, or Title, or any regulation, rule, require!ent, or practice pro!ulgated thereunder, the provisions of this (rticle shall prevail#

Section 1.

$rrest and Citation Po:ers o2 MM"*

Section 345:4#2 of Chapter 34 of the Lake County Code is hereby !odified as follo s, to insert the language underlined# :4#2 (rrest and Citation %o ers: =a> The follo ing officers and e!ployees of the Lake County Building /nspection -epart!ent and %lanning -epart!ent are hereby designated enforce!ent officers and given arrest and citation po ers pursuant to Section ;2:#@ of the %enal Code: 4# %lanning -irector 3# "nviron!ental &fficer =&rd# +o# 343;, 4K4<K4??2>

3399:639;#doc, %age 22 of 2<

2# -irector of Building and Safety <# 7oning Code Co!pliance &fficer @# 0edical 0ari1uana "nforce!ent &fficer

Section 3#

Con2licts

(ll ordinances or resolutions in conflict here ith are hereby repealed to the e$tent of such conflict and no further# Section 4. State:ide %egulation This initiative, and the provisions herein, shall be read consistent ith any state ide regulation of !edical !ari1uana or legaliBation of !ari1uana for adult use that is pro!ulgated by the legislature or by voter approval in the future# Section &. Initiative +ot to be $!ended *ther Than b0 -oters This initiative and every part thereof can only be a!ended by the voters of the County of Lake and cannot be a!ended by the Lake County Board of Supervisors, including by enacting any other legislation related to outdoor !edical !ari1uana cultivation hatsoever, e$cept as specifically provided above, or until the Legislature or the 8oters of the State of California pass state ide legislation controlling and regulating !ari1uana cultivation for !edical or other use, at hich ti!e the Board of Supervisors shall have only the po er to increase nu!erical plant li!its found in this initiative ordinance, but not to decrease the!, or until three years fro! the effective date of this initiative ordinance at hich ti!e the Board of Supervisors shall have all po er to a!end# Section 5. Special or %egular "lection The voters of the County of Lake hereby e$pressly request that this initiative be set for a special or regular election at the earliest ti!e allo able by la # Section 6. Severabilit0 Should any provision of this initiative ordinance, or its application to any person or circu!stance, be deter!ined by a court of co!petent 1urisdiction to be unla ful, unenforceable or other ise void, voidable, or invalid, that deter!ination shall have no effect on any other provision, or the application of this initiative to any other person or circu!stance and, to that end, the provisions hereof are severable# By approving this ordinance the voters intend that each section and sub5section be e$plicitly severable, part5 by5part, phrase5by5phrase, and ord5 by5 ord, thus that the !ini!u! language held invalid be severed#

3399:639;#doc, %age 2< of 2<

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