(a) Generally. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this Chapter, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney.
(b) Administrative Citations.
(1) In addition to the penalties provided in this section and all other legal remedies available to the City, any person in violation of this chapter is subject to an administrative citation and fine, without prior issuance of a Notice of Violation. Each and every day a violation of this chapter exists shall constitute a separate and distinct violation of this chapter.
(2) Notwithstanding subsection (b)(1), each cannabis plant present in excess of the number of cannabis plants allowed under § 6-18.03(c)(2)(iii) shall constitute a separate and distinct violation of this chapter. Any violation of §§ 6-18.03(c)(2)(iii) shall constitute a "transient" violation within the meaning of Chapter 5 of Title 1 of the Ontario Municipal Code.
(3) The amount of the administrative fine shall be in the amount set forth and amended by resolution of the City Council. If no amount has been set by resolution of the City Council, the amount of the administrative fine shall be up to One Thousand Dollars ($1,000) but not less than One Hundred Dollars ($100) per violation.
(4) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Ontario Municipal Code shall apply to administrative citations issued for violations of this chapter. To the extent there are any conflicts between the provisions of Chapter 5 of Title 1 and this chapter, the provisions of this chapter shall supersede and control administrative citations issued for violations of this chapter.
(c) Liability of Property Owners.
(1) No property owner in charge of, or in possession of, any real property within the City of Ontario shall cause, permit, maintain, conduct, or otherwise suffer or allow a public nuisance or violation of this Chapter to exist.
(2) It is the duty of every property owner, and person that controls any real property or interest therein, within the City to remove, abate, and prevent the reoccurrence of a violation of this Chapter upon such real property. Such duty of the property owner exists regardless of whether the property owner is in actual possession of their real property, and includes an obligation to remove an illegal cannabis operation which exists or creates a public nuisance upon the property owner's real property.
(3) An administrative citation may be issued to property owners for the illegal cultivation of cannabis in violation of this Chapter without prior issuance of a Notice of Violation. However, property owners shall have a reasonable time for the correction or remedy of the violation of this Chapter prior to the imposition of administrative fines or penalties provided all of the following are true:
(i) A tenant is in possession of the property that is the subject of the administrative action.
(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
(iii) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(d) Nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided in § 1-2.01 of Chapter 2 of Title 1 of the Ontario Municipal Code and/or under state law.
(e) The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by law.
(§ 2, Ord. 3059, eff. November 3, 2016, § 2, Ord. 3236, eff. January 19, 2023)