(A) In addition to any other remedy or penalty prescribed in this chapter, any nuisance violation may be subject to an administrative civil penalty in the following amounts:
(1) Up to $1,000 per day, or part thereof, for the first violation.
(2) Up to $2,000 per day, or part thereof, for a second violation of the same ordinance within one year;
(3) Up to $5,000 per day, or part thereof, for each additional violation of the same ordinance within one year of the first violation;
(4) Notwithstanding divisions (A)(1) through (A)(3), any nuisance resulting from a violation of local building and safety codes may be subject to an administrative penalty of up to $130 per day, or part thereof, for the first violation, up to $700 per day, or part thereof, for a second violation of the same ordinance within one year, and up to $1,300 per day, or part thereof, for each additional violation of the same ordinance within one year of the first violation;
(5) Notwithstanding any other provision of this code, any violation of Ch. 7.02, Cannabis Businesses, shall constitute a misdemeanor and shall be subject to an administrative penalty of up to $10,000 per day, or part thereof;
(6) Notwithstanding any other part of this code, any violation of 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 illegal cultivation, manufacture, or distribution of cannabis, shall be subject to immediate fines of $1,000 per day, per violation. However, a reasonable period of time to remedy the violation(s) shall be provided prior to the imposition of such fine if the responsible party proves all of the following are true at a hearing:
(a) A tenant is in possession of the property that is the subject of the administrative action;
(b) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation, manufacture, or distribution of cannabis; and
(c) The rental property owner or agent did not know the tenant was illegally cultivating, manufacturing, or distributing 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.
(7) Notwithstanding any other part of this code, any violation of a stop work notice shall be subject to an immediate fine of $2,500 per day.
(B) In determining the amount of the administrative penalty, the enforcing officer, or the court if the violation requires court enforcement without an administrative process, shall take into consideration the nature, circumstances, duration, extent, and gravity of the violation(s), any prior history of violations, the degree of culpability, economic impact, impact of the nuisance upon the community, and any other factors as justice may require.
(C) The administrative penalty may be imposed via the administrative processes set forth in this chapter, as provided in Cal. Gov't Code § 53069.4, or may be imposed by the court if the violation requires court enforcement without an administrative process.
(D) In the case of a continuing violation, if the violation does not create an immediate danger to health or safety, or is not subject to immediate fines as set forth herein, the enforcing officer or the court shall provide for a reasonable period of time, not to exceed ten calendar days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of administrative penalties.
(Ord. 960, § 1, 2017; Ord. 1,029, § 2(part), 2021)