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A. The City does not assume any liability, and expressly does not waive sovereign immunity, with respect to any personal cultivation or personal use activities.
B. Any cultivation or use of cannabis within the City in violation of this Chapter is hereby declared to be unlawful and a public nuisance.
C. Any party who engages in a violation of this Chapter, or who owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of the Chapter is maintained, shall be subject to the penalties and remedies provided by this Chapter.
D. Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.
E. Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and up to six (6) months imprisonment per offense per day.
F. Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to $1,000 per offense per day.
G. Each parent or legal guardian of any minor acting in violation of this Chapter shall be jointly and severally liable for said violation.
H. The City may levy a special assessment against any parcel of real property in violation of this Chapter to recover administrative fines and all related City costs including, but not limited to, staff costs, inspections costs, enforcement costs, administrative overhead, administrative hearing costs, attorneys' fees, prosecution costs, court costs, legal fees, and any other related costs. The special assessment may also be recorded against the nuisance property. If a tenant, as opposed to a property owner or landlord, is acting in violation of this Chapter, the owner or landlord shall be given notice of the violation and shall have a period of seven (7) days to initiate eviction proceedings against the tenant. If the owner or landlord fails to initiate eviction proceedings within seven (7) days, or fails to diligently prosecute the tenant's eviction, the owner or landlord shall become collaterally liable for any administrative fines, which may then be collected as a special assessment against the parcel of real property.
I. At the discretion of the City Manager's designee, any person issued an administrative fine for any violation of this Chapter may elect to participate in a voluntary community service diversion program ("community service program") as an alternative to paying any administrative fines incurred. The community service program shall be administered by the City Manager's designee. Any individual wishing to. participate in the community service program must first obtain the approval of the City Manager's designee before commencing participation. A participant in the community service program shall be granted a credit of $25 per hour worked (as verified by the City Manager's designee) toward the balance of their administrative fines owed to the City.
1. At the discretion of the City Manager's designee, a parent or legal guardian that has been issued an administrative fine based upon joint and several liability for any violation of this Chapter caused by their minor child may elect to require the minor to participate in the community service program. In such circumstance, the parent or legal guardian shall participate in the community service program along with the minor. Each parent or legal guardian shall be responsible for the safety of the minor while participating in the community service program. The parent or legal guardian and the minor shall each be granted a credit of $25 per hour worked (as verified by the City Manager's designee) toward the balance of the administrative fines owed to the City.
J. Any violation of this Chapter, or any other City or State cannabis law, by a personal cultivation permitee is grounds for revoking the personal cultivation permitee's personal cultivation permit.
1. Any decision regarding the revocation of a personal cultivation permit may be appealed to an independent neutral third party administrative hearing officer appointed by the City Manager's designee ("hearing officer"). Said appeal shall be made by a written notice of appeal from the person appealing within ten (10) days from the date of the personal cultivation permit revocation order. The appeal shall be accompanied by a written verified declaration setting forth the basis for the claim that the personal cultivation permit was improperly revoked.
2. Upon receipt of the appeal, the City shall schedule an administrative hearing to occur within ninety (90) days. The City shall provide ten (10) days advance notice of the date, time, and location of the administrative hearing to the appellant. The hearing officer's decision shall be final and binding upon the City and the appellant.
3. The costs of the administrative hearing shall be borne by the non-prevailing party.
4. Failure to properly appeal the personal cultivation permit revocation as required herein, or to appear at the properly noticed administrative hearing, shall constitute a waiver of the right to contest the permit revocation, a failure to exhaust the available administrative remedies, and a bar to any further appeals of the permit revocation.
K. These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.
[Ord. No. 555, 10/26/16.]