§ 120.61  PENALTIES.
   (A)   Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Cal. Code of Civil Procedure § 731 or any other remedy available to the city.
   (B)   In addition to any other enforcement permitted by this chapter, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party.
   (C)   Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be $250 for the first offense, $500 for the second offense, and $1,000 for any subsequent offense.
   (D)   In addition to any other enforcement permitted by this chapter, violations of this chapter shall be subject to an administrative penalty. Any responsible party violating any provision of this chapter may be issued an administrative citation by a public official in accordance with this chapter. The administrative citation penalty for each and every cannabis plant cultivated in violation of this chapter shall be: (1) $1,000 per plant; plus (2) $100 per plant per day that the plant remains uncorrected past the deadline set forth in the administrative citation.
   (E)   Notwithstanding the other provisions of this section, the city may immediately assess fines for violations of the city's building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of or to facilitate, the cultivation of cannabis, without first providing an opportunity to correct the violation, unless any of the following are true:
      (1)   A tenant is in possession of the property that is the subject of the administrative action;
      (2)   The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; or
      (3)   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.
   (F)   Each and every day a violation of the provisions of this chapter exists constitutes a separate and distinct offense and shall be subject to citation.
   (G)   Neither imposition nor payment of an administrative penalty shall relieve the responsible party from their obligation to correct the violation, nor shall it bar further enforcement action.
(Ord. 2020-009, passed 7-28-20)