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A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor, except to the extent state law may deem it a felony. No proof of knowledge, intent, or other mental state is required to establish a violation.
C. The County or the District Attorney, on behalf of the people of the State of California, may, in their discretion, enforce a violation of this chapter by the prosecution of a civil action and/or civil penalties, including an action for injunctive relief without first going through the administrative procedures set forth in this chapter.
D. The County or the District Attorney, on behalf of the people of the State of California, may also abate a violation of this chapter through the abatement process established by Government Code section 25845, Chapter 5 of Title 1 (Code Enforcement) of the County Code, or as set forth in this chapter.
E. Any violation of this chapter is declared to be a misdemeanor except to the extent state law may deem it a felony. Violations of this chapter may, in the discretion of the District Attorney, be prosecuted as infractions or misdemeanors. Any violations of this chapter may be prosecuted civilly, except such prosecution may be either civil or criminal or both where the violation is determined to be a criminal violation.
F. Any person that violates this chapter shall be guilty of a separate offense for each and every day, or portion thereof, on which any violation of any provision of this chapter is committed, continued or permitted by any such person.
G. Nothing in this chapter shall be construed as imposing on the Enforcing Officer or the County any duty to issue any notice hereunder, or to abate any unlawful cannabis activity, or to take any other action with regards to any unlawful cannabis activity, and neither the Enforcing Officer nor the County shall be held liable for failure to issue any notice hereunder, or for failure to abate any unlawful cannabis activity, or for failure to take any other action with regard to unlawful cannabis activity. (§ 2, Ord. 1557, eff. January 21, 2023)
The County may impose administrative penalties, deny a license application, issue a conditional license, suspend, revoke, place on probation with terms and conditions, or otherwise discipline licensees and permittees (collectively referred to as “disciplinary action”), for any of the following reasons:
A. Failure or inability to comply with one or more provisions of this chapter or any rule or regulation adopted pursuant to this chapter.
B. Failure or inability to comply with any requirement of the Yolo County Code.
C. Failure to comply with conditions or provisions of the applicable cannabis use permit.
D. Failure to comply with any state or local law, ordinance, or regulation including, but not limited to, the payment of taxes.
E. Failure to provide information required by County.
F. Failure to conduct past or current cannabis operation(s) in a manner that ensures the security of the cannabis and safeguards against diversion for illegal purposes.
G. Previous violation by an applicant, licensee or owner, or previous violation at the proposed cultivation site, of any provision of the Yolo County Code or state law related to a cannabis related activity.
H. Creating or maintaining a public nuisance where the licensee or permittee has failed to comply with reasonable conditions to abate the nuisance.
I. Failure to allow unannounced inspections of the premises by County staff or law enforcement at any reasonable time, as required under this chapter, without notice.
J. Discovery of untrue statement(s) or an omission of a material statement in a license application.
K. Failure to comply with any state or local law, ordinance, or regulation conferring worker protections or legal rights on the employees of a licensee.
L. Failure to maintain safe conditions for inspection by the County.
M. Failure to enter information or the entry of false, misrepresented or incomplete data or information into the track and trace system.
N. Failure to enter or the entry of false, misrepresented or incomplete data or information as required to be submitted to the California Cannabis Authority.
O. Failure to comply with any other requirement specified in law.
P. Except as otherwise expressly provided in state law, conviction of an owner or employee of an offense that is substantially related to the qualifications, functions, or duties of a cannabis operation. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the County shall include, but not be limited to, the following:
1. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
2. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
3. A felony conviction involving fraud, deceit, or embezzlement.
4. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
5. A felony conviction for drug trafficking.
Q. Except as provided in subsections (4) and (5) directly above, a prior conviction, where the sentence, including any term of probation, incarceration, or supervised release, is completed, for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is not considered substantially related, and shall not be the sole ground for denial of a license. Conviction for any controlled substance felony subsequent to licensure shall be grounds for revocation of a license or denial of the renewal of a license.
R. If any of the disqualifying convictions apply to an employee who is not an owner, the conviction will not constitute a basis for disciplinary action if the licensee promptly terminates the employment relationship.
S. An owner has been subject to fines, penalties, or otherwise been sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code.
T. An owner has been sanctioned by a licensing authority or a city, county, or city and county for illegal cannabis activities or unauthorized commercial cannabis activities, or has had a cannabis operations license suspended or revoked in any jurisdiction in California in the three (3) years immediately preceding the date the application is filed with the County.
U. Failure to hold the applicable cannabis license issued by the State of California, or denial, suspension, lapse or revocation of the applicable license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis business to operate within the County, until the State of California, or its respective department or division, reinstates or issues a State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis business, such revocation or termination shall also revoke or terminate the ability of a cannabis business to operate within the County of Yolo.
V. The County may recover the costs of investigation and enforcement of disciplinary action following the procedures set forth in this chapter.
W. The County may take disciplinary action against a licensee when the violation was committed by an owner, the licensee’s officers, directors, agents, independent contractors or employees while acting on behalf of the licensee or engaged in cannabis-related activity.
X. Upon the occurrence of three (3) final and conclusive notices of violation (“Notice” or “NOV”) of any provision of this chapter within a two (2) year period, all licenses held by the licensee or owner shall be automatically deemed terminated and revoked. For purposes of this section, a NOV is deemed final and conclusive upon the expiration of the time period set forth to appeal the notice in § 12-04.19 or upon a hearing officer’s determination of a violation.
Y. Upon termination, or revocation of a license, the licensee shall remain ineligible for a license for a minimum of two (2) years. The County, in its discretion, may extend the ineligibility time period up to, but not in excess of ten (10) years, depending on the egregious nature of the violation(s). (§ 2, Ord. 1557, eff. January 21, 2023)
All violations observed during an inspection shall be written on a courtesy notice and a copy of the notice shall be supplied to the licensee. The violations in subsections A-C are considered to be more serious in nature and may require additional steps of enforcement.
A. Canopy.
1. In the event canopy exceeds the maximum square footage allowed by the license, the Enforcing Officer may issue a courtesy notice. If the licensee fails to abate the over canopy amount identified in a courtesy notice within the deadline provided to correct the violation, a NOV may be issued for the violation pursuant to § 12-04.19, below.
2. The courtesy notice shall identify the licensee, the premises, the allowed or licensed maximum canopy, the actual canopy as measured by the Enforcing Officer, the date the courtesy notice was provided and the administrative penalty the licensee is subject to, as outlined in § 12-04.25(A).
3. Issuance of a warning shall not be a requirement prior to enforcement of this section.
4. The licensee may request the Director of Environmental Health to review the courtesy notice. The Director of Environmental Health may conduct an inspection as part of the review. The determination of the Director of Environmental Health is final and is not subject to appeal.
5. Depending on the severity or repetition of the violation, the Enforcing Officer has discretion to enforce a canopy violation with a courtesy notice or with the notice of violation enforcement procedures set forth in § 12-04.19. A licensee, permittee or any other person is not entitled to a courtesy notice prior to a notice of violation being issued.
C. Track and trace. If a pattern or history of repeated non-compliances for track and trace are observed, the following disciplinary actions may be taken by the enforcing officer:
a. Upon the occurrence of three repeated violations with track and trace within a twelve (12)-month period, the Enforcing Officer may note on the courtesy notice a final warning is being given and upon the occurrence of a fourth non-compliance of track and trace within a twelve (12)-month period a notice of violation may be issued to the licensee.
b. If the violation is corrected pursuant to the most recent courtesy notice but the same conduct is committed within sixty (60) days of the correction, the violation will be deemed continuing and a notice of violation may be issued to the licensee. (§ 2, Ord. 1557, eff. January 21, 2023)
A. Notice of violation.
1. In addition to the enforcement provisions provided for in § 12.04-16, above, the County may issue a notice of violation (“Notice” or “NOV”) to any person that is in violation of any provision of this chapter or other applicable statutes or regulations.
2. A notice of violation shall be in writing and include the following:
a. Licensee and the property owner(s), as listed on the application for the cannabis operation license;
b. If applicable, name(s) listed as designated recipients for service of process, as identified on the application and, if different, as named on the Secretary of State Statement of Information;
c. The address of the violation if known, otherwise the approximate location;
d. A general description of the violation;
e. A statement of whether the violation is correctable and, if so, that the violation shall be corrected within three (3) calendar days of the date of the notice of violation;
f. The amount of the administrative penalty pursuant to § 12-04.25 and, if the violation is correctable, notice that the administrative penalty will accrue for each day that the violation continues to exist after the expiration of the three (3)-day time frame in which to correct the violation;
g. The date of the notice;
h. A statement that the violation determination may, within five (5) calendar days after the date the notice was deemed served pursuant to § 12-04.18(A)(3), be appealed by providing the Clerk of the Board of Supervisors with a request in writing for a hearing to appeal the determination of the Enforcing Officer, setting forth the detailed factual and/or legal basis, as applicable, for the appeal, with payment of any applicable appeal fee; and
i. A statement that unless an appeal hearing is requested within the time prescribed in the notice, the Enforcing Officer can abate or otherwise correct the nuisance at the expense of the property owner and/or the licensee. It shall also state that the abatement costs and the administrative penalty may be made a special assessment added to the county assessment roll and become a lien on the real property where the violation has occurred, on the real property owned by those persons violating this chapter, or be placed on the unsecured roll.
3. Service of notices.
a. A notice issued by the Enforcing Officer shall be served upon the licensee and the property owner (if different from licensee) in one of the following manners:
i. By delivering it personally; and/or
ii. By first class mail, postage pre-paid, or overnight mail addressed to (i) the property owner at the address shown on the last equalized assessment roll or as otherwise known to the Enforcing Officer, and (ii) the street address designated by the licensee in the application for receipt of service of process; and/or
b. Date of service shall be deemed to be the date of personal service, or five (5) days after notice is deposited in the United States mail, or one (1) day after notice is delivered to a location or deposited in a box maintained by an overnight delivery service, as applicable.
c. In the event that, after reasonable effort, the Enforcing Officer is unable to serve the notice as set forth above, service shall be accomplished by posting a copy of such Notice conspicuously along the frontage of the real property subject to the Notice, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the licensee and any person known by the Enforcing Officer to be in possession of the property. Service shall be deemed to have been completed upon posting.
d. If the notice is properly and timely served, the failure of any property owner or licensee to receive such notice shall not affect the validity of the proceedings conducted herein and shall not affect the validity of service or the validity of any administrative penalty imposed pursuant to this chapter upon any person.
B. Recordation of notices.
1. The Enforcing Officer may record a notice of violation with the Yolo County Recorder on the property which is the subject of the notice of violation upon expiration of the time limit for compliance if the violation has not been cured within the time limit (if not required immediately) set for compliance, or the property owner and/or licensee fail to provide sufficient evidence to establish reasonable doubt that a violation exists.
2. In those cases where the violation is related to a requirement to secure permits, the recorded notice shall identify the property and shall further set forth the fact that the building, structure or work does not have the required permit(s) and is in violation of County codes and that the property owner has been so notified. This may be done in addition to any other legal remedy that the County may employ.
3. If a notice is recorded, the Enforcing Officer shall serve and record a removal of notice of violation when the violation no longer exists or all required work to correct the violation has been completed. The removal of notice of violation need not be issued until outstanding administrative penalties have been paid or a lien for those administrative penalties has been recorded. A fee shall be paid by the property owner and/or licensee for processing the removal of notice of violation. (§ 2, Ord. 1557, eff. January 21, 2023)
A. In the event a license is terminated for any reason while cannabis goods remain on the premises, the following actions may be taken at the sole cost and expense of the licensee:
1. The cannabis goods may be destroyed by the licensee;
2. At the licensee’s request, the cannabis goods may be destroyed by the County; or
3. The licensee can arrange for the removal of all cannabis goods from the premise by a licensed distributor. The cannabis goods shall be removed from the premises within fourteen (14) calendar days of the termination of the license. (§ 2, Ord. 1557, eff. January 21, 2023)
A. A notice of violation may be appealed by providing the Clerk of the Board of Supervisors with a request in writing for a hearing to appeal the determination of the Enforcing Officer.
B. The appeal must be filed within five (5) calendar days after the date the notice was deemed served pursuant to § 12-04.18(A)(3).
C. The appeal shall set forth the detailed factual and/or legal basis, as applicable, for the appeal, with payment of any applicable appeal fee. An appeal hearing shall not be granted without payment of an appeal fee.
D. The County may deny an appeal hearing and summarily dismiss any appeal for failure to file an appeal in the time and manner required under this chapter, failure to provide detailed factual and/or legal basis for the appeal, or for the failure to attend the appeal hearing, and the notice will become final and conclusive upon the summary dismissal.
E. Absent timely appeal, the notice shall be deemed final and conclusive and the Enforcing Officer may take the disciplinary action set forth in the notice and/or enter upon the property and abate the nuisance by county personnel, or by private contractor under the direction of the Enforcing Officer. The Enforcing Officer may, but need not, apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary in the sole discretion of the Enforcing Officer. (§ 2, Ord. 1557, eff. January 21, 2023)
A. In order to hear appeals or other hearings brought under this chapter, the Board of Supervisors authorizes the use of a hearing officer appointed pursuant to Yolo County Code § 1-5.09.
B. The hearing officer may continue the appeal hearing from time to time for good cause.
C. The hearing officer shall consider the matter de novo.
D. The appellant shall be given an opportunity at the hearing to present and elicit testimony (including by cross-examination) and other evidence regarding whether the violation(s) listed on the Notice constitute a violation of this chapter, and/or to contest the proposed amount of administrative penalty. Failure of the appellant to appear and present evidence at the hearing shall be deemed a withdrawal of the request for hearing and shall constitute a failure to exhaust administrative remedies.
E. The appellant may choose to be represented by an attorney; however, formal rules of evidence or procedure shall not apply, including rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
F. The standard of proof shall be by a preponderance of the evidence and the burden of proof to establish the existence of the violation shall be borne by the County. The burden of proof that the violation has been corrected shall be borne by the appellant.
G. The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter, at its sole cost, who has been certified as an interpreter by either the State of California or the County of Yolo.
H. After the hearing, the hearing officer shall render their written decision affirming, reversing or modifying the determination made by the Enforcing Officer about the alleged violation. If the violation is affirmed, the decision shall include a statement that the County is entitled to recover its abatement costs and administrative penalties. If the hearing officer determines that the violation continues to exist, the decision shall also order that the owner of the property and/or the Licensee correct the violation within the timeframe required by the hearing officer.
I. A copy of the decision shall be served on the parties upon whom the Notice was served pursuant to § 12-04.18(A)(3) or in the manner agreed upon by the parties. The decision shall be final and conclusive when signed by the hearing officer and served as provided by this subsection.
J. Payment of abatement costs and an administrative penalty specified in the hearing officer’s decision shall be made to the County within twenty (20) calendar days of the decision, unless timely appealed to the Superior Court in accordance with Government Code section 53069.4, subdivision (b). (§ 2, Ord. 1557, eff. January 21, 2023)
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