(A) Commercial cannabis activity allowed in compliance with this section only. Only the commercial cannabis activity permitted under this section is permitted in the city. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel in the city to cause or allow such parcel to be used for commercial cannabis activity that is not permitted in this section.
(B) Allowed commercial cannabis activity. The following commercial cannabis activity is permitted in the city. See § 5-3-15, Table 3 of this title regarding allowed uses within specific zoning districts:
1. Indoor and fully enclosed mixed light commercial cannabis cultivation;
2. Commercial indoor or greenhouse nursery;
3. Commercial medical cannabis delivery, originating from outside the city only;
4. Commercial cannabis manufacturing, volatile and nonvolatile;
5. Commercial cannabis testing; and
6. Commercial cannabis microbusinesses (outdoor cannabis cultivation and retail prohibited).
(C) Prohibited commercial cannabis activity.
1. No retail cannabis activity under state license Type 9, Type 10 or Type 12, or any subsequently established license, is permitted in the city, with the exception of the delivery of medical cannabis to qualified patients or caregivers from a location outside of the city.
2. No commercial outdoor cannabis cultivation is permitted in the city.
3. Any microbusiness use under a state license Type 12, or subsequently established license, may not include a retail or outdoor cultivation component.
(D) Location and minimum distance requirements for allowed commercial cannabis uses. The distances set forth in this section shall be measured in a straight line from property line to property line.
1. Commercial cannabis activity and uses are only permitted in zones identified in § 5-3-15, Table 3, Commercial Uses, of this title, and under the regulations set forth in this and related sections of this code.
2. No commercial cannabis activity may occur within 600 feet of a school, daycare, childcare or youth center.
3. No commercial cannabis activity, with the exception of testing laboratories, may occur within 400 feet of any residential use, park or library, or within 400 feet of land zoned for residential uses. Testing laboratories must be located at least 200 feet from any residential use, park, library or land zoned for residential uses.
4. The distance requirements in this section may be reduced by the decision maker only when the applicant can show that an actual impassible physical separation exists between the land uses, such as a major street, major highway or high wall, such that no off-site negative impacts would occur that would result in harm or potential harm to the public health, safety or welfare, unless otherwise prohibited under state law.
(E) Operator/permit holder qualifications. All commercial cannabis activity in the city requires a city cannabis permit. All cannabis permit holders and cannabis business operators must meet the following minimum qualifications. The city reserves the right to require additional qualifications through the cannabis permit application procedure.
1. Commercial cannabis permit holders and business operators must be 21 years of age or older.
2. Commercial cannabis permit holders and business operators shall be subject to a background search by the California Department of Justice and local law enforcement.
3. Permits for commercial cannabis uses shall not be permitted for operators with felony convictions, as specified in Cal. Penal Code § 667.5(c), and Cal. Penal Code § 1192.7(c). Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, embezzlement, or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
4. Commercial cannabis permit holders must meet the minimum qualifications established by the state for the applicable state license type.
(F) Commercial cannabis permits.
1. No commercial cannabis activity may take place in the city without a commercial cannabis permit.
2. The city is not obligated to issue any commercial cannabis permits.
3. Commercial cannabis permits are valid for one year. Renewal may be automatic when required fees and taxes are paid in full, and no violations exist for the subject permit holder.
4. No commercial cannabis permit holder may commence business operations until the necessary state license(s) is/are obtained. “Business operations” does not include tenant improvements or other necessary pre-operational activities. “Business operations” means participating in commercial cannabis activities which require a state license.
5. All commercial cannabis permit holders must obtain a city business license. Additional permits or entitlements may be required depending on construction or improvements necessary to a building or site.
6. The total number of commercial cannabis permits granted for each state license type may be established by a City Council resolution.
7. The city may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this section, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of this code, or any other local, state or federal law.
8. No property interest, vested right or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such permit holder, as such permits are revocable. Permits issued pursuant to this section are not transferable to another individual or to another physical location without written city approval.
(G) Application and permit procedures.
1. Applications and forms. The City Manager may create necessary applications and forms, with input from the City Council, for commercial cannabis permits.
2. Application process. The City Manager may create the application process, with input from the City Council, for commercial cannabis permits. The process may vary for different license types.
(a) Such process will require Planning Commission review and approval of permits issued.
(b) Such process may include a request for proposal (“RFP”) process that includes City Council approval for certain license types, where deemed necessary.
3. Application forwarded. A commercial cannabis permit application will only be forwarded to the Planning Commission for consideration if the application is complete and applicant(s) has/have passed the applicable background screening requirements. All applicants must agree to enter into an operating/development agreement, pursuant to subsection (H) of this section.
4. Application denied. A commercial cannabis permit application may be denied by the Planning Commission if one or more of the following findings are made:
(a) The application does not meet all requirements of this section;
(b) Approval would very likely result in harm to public safety, health or welfare;
(c) Potential negative impacts of the use cannot be mitigated with conditions or through this section’s requirements; or
(d) The applicant has not paid all fees or taxes due to the city.
5. Appeals. Any Planning Commission decision to deny or grant a commercial cannabis permit application may be appealed to the City Council by an affected party by submitting a written appeal request to the City Clerk within ten days of the decision. Additionally, any Council member may request that any Planning Commission decision regarding a commercial cannabis permit be called up and decided by the City Council. Requests by Council members to call up a decision must be made within ten days of the Planning Commission decision. Appeals will be noticed and scheduled for the next available date for a public hearing before the City Council. City Council decisions on appeals and decisions called up to the Council are final.
6. Notice requirements.
(a) At least one public hearing shall be held on an application for a commercial cannabis permit, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing, and by posting the notice on the property involved at least ten days prior to such hearing.
(b) Notice shall be mailed or delivered at least ten calendar days before the scheduled hearing to the following:
(1) The owner(s) of the subject property(ies) being considered in the application, or the owner’s agent, and the applicant, if applicable;
(2) Each local agency expected to provide schools, water or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
(3) All owners of real property shown on the latest equalized assessment roll within a radius of 300 feet of the exterior boundaries of the subject property;
(4) Any person who has filed a written request for notice with the Planning Director; and
(5) Additional means of distribution may be used at the discretion of the City Clerk. Additional means of distribution may include mailing of notices not otherwise required, or posting notices in the immediate area of the property.
7. Permit fees. Commercial cannabis permit fees shall be set by resolution of the City Council. No permit shall be issued until fees are paid in full.
8. Approval. Commercial cannabis permits may contain additional conditions of approval.
9. Suspension, revocation and renewal. Any commercial cannabis permit issued under this section may be immediately suspended by the City Manager for any of the reasons listed in subsections (G)9.(a) through (G)9.(i) of this section. Any permit issued under this section may be revoked or not renewed by the city, following notice and opportunity for a hearing, upon any of the following:
(a) An operator ceases to meet any of the minimum qualifications listed in this section, fails to comply with the requirements of this section or any conditions of approval of the permit;
(b) An operator/permit holder’s state license for commercial cannabis operations is revoked, terminated or not renewed;
(c) The commercial cannabis operation fails to become operative within 18 months of obtaining its commercial cannabis permit;
(d) Once operational, the business ceases to be in regular and continuous operation for three consecutive months;
(e) State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the city receives credible information that the federal government will commence enforcement measures against such businesses and/or local governments that permit them;
(f) Circumstances under which the permit was granted have significantly changed and the public health, safety and welfare require the suspension, revocation or modification;
(g) The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application;
(h) The operator/permit holder/business is not current on city taxes or fees, or is not current on payments required through an operating agreement; or
(i) The permit holder/operator’s state license for commercial cannabis operations is suspended. The city shall not reinstate the permit until documentation is received showing that the state license has been reinstated or reissued. It shall be up to the city’s discretion whether the city reinstates any permit.
10. Notice of revocation or nonrenewal. If the city proposes to revoke or not renew a permit, written notice of the proposed revocation or nonrenewal must be served on the permit holder at least 15 days prior to the date the proposed revocation or nonrenewal becomes effective. The notice shall be served personally or sent via certified mail and contain:
(a) A statement explaining the grounds for the revocation or nonrenewal; and
(b) A statement that the permit holder may appeal the action according to subsection (G)11. of this section, and that the failure to appeal the notice of revocation or nonrenewal will constitute a waiver of all rights to an appeal hearing, and the revocation will be final.
11. Appeal of proposed revocation or nonrenewal. Any applicant or permit holder may appeal a proposed permit revocation or nonrenewal by filing a written appeal with the City Manager’s office within ten days from the date of the notice of revocation or nonrenewal. The written appeal must contain the following:
(a) A brief clear statement, including material facts, to support the appellant’s position and the relief sought;
(b) The signature of the permit holder with verification under penalty of perjury of the truth of the statements in the written appeal; and
(c) Any required appeal fee, which may be approved via resolution of the City Council.
12. Appeal hearing procedure.
(a) Upon receipt of a valid written appeal, the City Manager shall schedule an appeal hearing no earlier than ten days and no later than 30 days from the receipt of the appeal.
(b) A hearing officer, appointed by the City Manager, will conduct the appeal hearing.
(c) The hearing officer may only consider evidence that is relevant to whether the permit should be revoked or not renewed. However, the formal rules of evidence shall not apply to the hearing.
(d) The person contesting the action will be given the opportunity to testify and present witnesses and evidence concerning the action. Unless requested in advance, by the person contesting the action, a representative of the city is not required to attend the hearing, provided that any such appearance may be made at the discretion of the City Manager.
(e) The hearing officer may continue the hearing and request additional information from either party prior to issuing a written decision.
(f) After considering all of the testimony and evidence submitted at the hearing, the hearing officer must issue a written decision within a reasonable time after the hearing, to uphold or deny the recommended action and must list in the reasons for that decision. The hearing officer will use preponderance of evidence as the standard of evidence in deciding issues. The decision of the hearing officer will be final.
(g) If the hearing officer determines that the action should not be upheld, the city will promptly refund the applicable amount of the appeal hearing fee.
(h) The city shall serve the recipient of the notice of appeal or nonrenewal with a copy of the hearing officer’s written decision by certified mail.
(H) Operating/development agreement required. All commercial cannabis permit holders shall enter into an operating or development agreement with the city, approved by the City Council, prior to beginning commercial operations. Such agreement shall set forth the terms and conditions under which the commercial cannabis activity will operate, that are in addition to the requirements of this code, including, but not limited to, payment of fees, charges, and contributions as mutually agreed, and any such other terms which promote the public health, safety, and welfare.
(I) Development and operational standards and security requirements.
1. Development and operational standards.
(a) Building requirements. All structures used in commercial cannabis uses shall be located in structures designed for that occupancy or use, and in compliance with the Building Code, per Title 4 of this code. Commercial cannabis uses that provide access to the public including, but not limited to, employees, vendors, contractors, business partners, members, customers or patients shall meet this code and state requirements for accessibility, including accessible parking, accessible path of travel, restrooms, and washing facilities.
(b) Emissions control. All commercial cannabis uses shall utilize appropriate measures in construction and, where applicable, operations to prevent the emissions of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.
(c) Hours of operation. Hours of operation for commercial cannabis uses may be established in permit conditions.
(d) Odor control and ventilation. Commercial cannabis uses shall comply with all current and future state laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this section. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent and nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls odor, humidity, and mold.
(e) Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor and mixed light cultivation operations shall be fully contained, so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.
(f) Runoff and stormwater control. Runoff containing sediment, or other waste or by-products, shall not be allowed to drain to the storm drain system, waterways or adjacent lands. Prior to beginning grading or construction, the operator shall prepare and implement a stormwater management plan and an erosion and sediment control plan, approved by the city. The plan must include a best management practices for erosion control during and after construction, and a permanent drainage and erosion control measures pursuant to this code.
(g) Energy use. Use of renewable resources for indoor cultivation and mixed light operations is encouraged, and the city’s commercial cannabis permit application procedures may award credit for use of renewable resources.
(h) Fencing. Fencing shall be consistent with the surrounding area and shall not diminish the visual quality of the site or surrounding area. Razor wire, chain-link and similar fencing shall not be permitted.
(i) Weights and measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.
(j) Tracking. Commercial cannabis operators shall comply with any track and trace program established by the city or state agencies. Commercial cannabis operators must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the city upon request. The City Manager may require commercial cannabis operators to comply with a county track and trace system if deemed appropriate.
(k) Restriction on alcohol sales and consumption. No alcoholic beverages may be sold, dispensed or consumed on or about the premises of any commercial cannabis use business.
(l) Hazardous materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tanks, above-ground storage tanks and AB 185 (hazardous materials handling) requirements, and maintain any applicable permits for these programs from appropriate agencies and officials.
(m) Hours of operation. Indoor cultivation activities may be conducted seven days a week, 24 hours per day, as needed, unless otherwise conditioned in the use permit or otherwise prohibited by the base zone. Outdoor processing activities, deliveries and shipping shall be limited to the hours from 8:00 a.m. to 8:00 p.m., unless a use permit is obtained that allows otherwise.
(n) Waste management.
(1) A waste management plan addressing the storing, handling and disposing of all waste by-products of the cultivation and processing activities shall be submitted for review and approval by the city. This plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose or reuse the wastes in compliance with any regulations adopted by the City Council through resolution or ordinance.
(2) All garbage and refuse on the site shall be accumulated or stored in non-absorbent, watertight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight-fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on this site shall not be accumulated or stored for more than seven calendar days and shall be properly disposed of before the end of the seventh day. All waste, including, but not limited to, refuse, garbage, green waste and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated from cannabis operations must be properly stored and secured to prevent access by the public.
(o) Wastewater discharge. A wastewater management plan shall be submitted identifying the amount of wastewater, excess irrigation and domestic wastewater anticipated, pre-treatment method (when applicable), as well as the disposal method. All cultivation operations shall comply with all state regulations, any regulations adopted by the City Council through resolution or ordinance, and the discharger shall submit to the city verification of compliance with the waste discharge requirements of the applicable Regional Water Quality Control Board, or waiver thereof. Excess irrigation water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, grey water or bio-retention treatment systems. All wastewater discharged to the city sewer system shall comply with this code. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.
(p) Water supply. An on-site water supply source adequate to meet all on-site uses on a sustainable basis shall be provided. Trucked water shall not be allowed, except as noted below and for emergencies requiring immediate action as determined by the City Manager. The on-site water supply shall be considered adequate with documentation of any one of the following sources:
(1) Municipal water. The public water supplier providing water service to the site has adequate supplies to serve the proposed use;
(2) Recycled water. The use of recycled process wastewater from an on-site use or connection to a municipal recycled water supply for the cultivation use, provided that an adequate on-site water supply is available for employees and other uses; or
(3) Other water source. Other water source approved by the city.
2. Security requirements.
(a) Security plans. A commercial cannabis business must comply with a security plan that is approved by the City Manager, in consultation with the Police Department, that includes, but is not limited to, building security specifications, lighting, cameras and alarms to preserve the safety of persons and to protect the business from theft, including employee theft. The plan shall include storage and transportation information, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products and any currency.
(1) The Police Chief may require additional information be included in the security plan.
(2) All security plans will be held by the city in a confidential file and shall be exempt from disclosure as a public record, unless otherwise prohibited by law or otherwise ordered by a court.
(b) Security measures. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the Chief of Police or his or her designee(s), these security measures shall include, but shall not be limited to, all of the following:
(1) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business;
(2) Establishing limited access areas accessible only to authorized commercial cannabis business personnel;
(3) Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe or vault. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft and loss;
(4) Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably occur. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Chief of Police or his or her designee(s), and that it is compatible with the city’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police or his or her designee(s) upon request. Video recordings shall be maintained for a minimum of 45 days. Video recordings shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business. All surveillance equipment, records and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system;
(5) Areas where cannabis is grown, tested, cured, manufactured or stored shall have camera placement in the room facing the primary entry door at a height which will provide a clear unobstructed view of activity without sight blockage from lighting hoods, fixtures or other equipment;
(6) Cameras shall also be placed at each location where weighing, packaging, transport preparation, processing or labeling activities occur;
(7) At least one camera must be dedicated to record the access points to the secured surveillance recording area;
(8) Sensors and/or “key card” (proximity entry readers) access shall be installed to detect entry and exit from all secure areas such that the identity of those entering and exiting the facility is known. Any visitors to the establishment must be screened and have their identity thoroughly documented. Deadbolts must be placed on all doors entering and exiting the facility, along with doors used after regular business hours;
(9) Panic buttons shall be installed in all commercial cannabis businesses;
(10) Having a professionally installed, maintained and monitored alarm system;
(11) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building;
(12) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage;
(13) Each commercial cannabis business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the Chief of Police or his or her designee(s) regarding any security-related measures and/or operational issues;
(14) The commercial cannabis business shall cooperate with the city whenever the Chief of Police or his or her designee(s) makes a request, upon reasonable notice to the commercial cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this title;
(15) A commercial cannabis business shall notify the Chief of Police or his or her designee(s) within 24 hours after discovering any of the following:
A. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief of Police or his or her designee(s);
B. Diversion, theft, loss or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business;
C. The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers or employees or agents of the commercial cannabis business; and
D. Any other breach of security.
(16) Weapons and firearms are prohibited on the property, unless legally carried by a business owner or approved and properly licensed armed security personnel.
(J) Employees.
1. All employees of commercial cannabis businesses must be at least 21 years of age or older.
2. All employees of commercial cannabis businesses shall be subject to a background search by the California Department of Justice and local law enforcement. Permits for commercial cannabis uses shall not be permitted for operators with felony convictions, as specified in Cal. Penal Code § 667.5(c) and Cal. Penal Code § 1192.7(c). Permits for commercial cannabis uses shall not be permitted for operators with criminal convictions that substantially relate to the qualifications, functions or duties of the business or profession, including a felony conviction involving fraud, deceit or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
3. Each owner or operator of a commercial cannabis business shall maintain on-site a current register of all the employees currently employed by the commercial cannabis business, and shall produce such register to the Chief of Police or his or her designee(s), or any other city official authorized to enforce this code for purposes of determining compliance with this chapter.
4. The Police Chief is authorized to implement an employee permit system, whereby any employee or volunteer of a commercial cannabis business, must obtain a work permit from the city. At a minimum, such program shall require the issuance of a permit that must be visibly displayed at all times by the employee or volunteer when he or she is working, and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers. The Police Chief may establish a fee for the cost of issuing such permit.
(K) Inspections. Commercial cannabis uses and operations shall be subject to inspections by appropriate local and state agencies, including, but not limited to, the Departments of Health Services, Agriculture/Weights and Measures, the city’s Police Department, and city management. Cannabis operations shall be inspected at random times for conformance with this code and permit requirements. Unless otherwise allowed under the law, the inspection shall be conducted during regular business hours, with at least 24 hours’ notice. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the commercial cannabis operation to immediately cease operations.
(L) Monitoring. Administrative monitoring shall be required for each commercial cannabis use and operation to be granted a permit. An annual monitoring fee may be adopted by resolution of the City Council and collected by the city.
(M) Health and safety. Commercial cannabis uses shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, run off or wastes.
(N) Taxes. Commercial cannabis uses shall comply with all city taxes, including any that may be enacted by the voters or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.
(O) Liability and indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this section shall not become a personal liability of any public officer or employee of the city. To the maximum extent permitted by law, the permittees under this section shall defend (with counsel acceptable to the city), indemnify and hold harmless the city, the City Council and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “city”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called “action”) against the city to attack, set aside, void or annul, any cannabis-related approvals and actions, and strictly comply with the conditions under which such permit is granted, if any. The city may elect, in its sole discretion, to participate in the defense of said action, and the permittee shall reimburse the city for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing.
(P) Violations and enforcement.
1. Public nuisance. Any activity performed contrary to the provisions of this section is hereby declared to be a public nuisance.
2. Violation. Any violation of a term, condition or the approved plans and specifications of any permit issued pursuant to this section shall constitute a violation.
3. Separate offense. Each and every day during any portion of which any violation is committed, continued, or allowed to continue shall be a separate offense.
4. Remedies.
(a) In addition to the revocation and suspension provisions in this section and any or all available remedies under the law, the following remedies shall be available to the city or other enforcement agency regarding violations of this section:
(1) Administrative enforcement pursuant to Title 1, Chapter 18 of this code, and any other applicable section;
(2) Civil enforcement pursuant to this code; and
(3) Criminal enforcement if allowed under state law.
(b) City Council may, by resolution, adopt specific fines, fees and penalty amounts for violations and enforcement costs related to this section. In any enforcement action brought pursuant to this section, whether by administrative or judicial proceedings, each person who causes, permits, suffers or maintains the unlawful cannabis use, shall be liable for all costs incurred by the city, including, but not limited to, administrative costs and any and all costs incurred to undertake, or to cause or compel any responsible person to undertake, and any abatement action in compliance with the requirements of this section. In any action by the agency having jurisdiction to abate unlawful cannabis uses under this section, whether by administrative or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorneys’ fees incurred. Recovery of attorney fees under this subsection (P)4.(b) shall be limited to those actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorney fees. In no action, administrative proceeding, or special proceeding, shall an award of attorney fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
(Ord. 632, passed 12-19-2017)