A. Revocation or modification. A Cannabis Use Permit may be revoked or modified as provided by the provisions of Sec. 8-2.217(f). In addition to the grounds for revocation or modification set forth in Sec. 8-2.217(f), a Cannabis Use Permit may, following a noticed public hearing, be revoked or modified for any one or more of the following grounds:
1. Any act or omission by a property owner or permittee in contravention of the provisions of this Article;
2. Unresolved violation by the applicant or permittee, or unresolved violation at the proposed cultivation site, of any provision of the County Code or State law related to the cannabis use;
3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved that is contrary to public health, safety or general welfare;
4. Cessation of all uses authorized by the Cannabis Use Permit for a period of three or more consecutive years;
5. Failure to continue to pay monetary or other obligations described in Section 8-2.1410(E), including applicable taxes, as they become due; or
6. Failure to comply with any requirement of this or other applicable sections of the County Code or with State law.
B. Enforcement. The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity, including the County Code Enforcement Ordinance.
1. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Article. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Article shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental state is required to establish a violation.
2. Any condition caused or allowed to exist in violation of any of the provisions of this Article shall be deemed a public nuisance and shall, at the discretion of County, create a cause of action for penalty pursuant to the County Code, and any other action authorized by law.
3. Each day that a violation of this article exists shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the County Code or otherwise authorized by law. Additionally, any violation of this Article shall be subject to injunctive relief, disgorgement of any payment to the County of any and all monies unlawfully obtained, costs of abatement, costs of restoration, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The County may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the cannabis activity or persons related thereto, or associated with, the cannabis activity.
C. Cultivation site restoration. Upon revocation of a Cannabis Use Permit or abandonment of a permitted cultivation site, the permittee and/or property owner shall remove all materials, equipment, and improvements on the site that were used in connection with the cannabis use and that are not adaptable to non-cannabis permitted use of the site, including but not limited to concrete foundations and slabs, bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, cannabis waste products, imported soil or soil amendments not incorporated into native soil, generators, pumps, and structures.
If any of the above described or related material or equipment is to remain, the permittee and/or property owner shall prepare a plan and description of the non-cannabis continued use of such material or equipment on the site. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement. For purposes of this Subsection, “abandonment” shall mean failure to obtain a County Cannabis License to cultivate on the permitted cultivation site for three consecutive years.
(Ord. 1541, eff. October 14, 2021)