A. In addition to any other remedies provided by County Code or state law, and all other costs, fees, penalties and expenses which may be assessed or imposed as a result of violation of this chapter, any person who violates any provision of this chapter, including the owner of the real property on which the premises are located, shall be liable and responsible for, and shall pay to the County “administrative penalties,” as set forth below, determined by the Enforcing Officer.
Administrative Penalties Schedule
Violation | First Offense | Second Offense | Third Offense |
Exceedance of Allowed or Licensed Cultivation Area | $20 per square foot | $30 per square foot | $50 per square foot |
Non-compliance with Standard or Requirement | $1,000 | $2,500 | $10,000 |
Unlicensed Commercial Cannabis Activity | $10,000 | $25,000 | $50,000 |
1. For cultivation in exceedance of the allowed or licensed canopy, no more than twenty dollars ($20.00) per square foot per day for the first violation; no more than thirty dollars ($30.00) per square foot per day for the second violation within two (2) years; and no more than fifty dollars ($50.00) per square foot per day for the third violation within two (2) years.
2. For each violation of a standard or condition of the license, use permit or County Code, no more than one thousand dollars ($1,000) per day for the first violation; no more than two thousand five hundred dollars ($2,500) per day for a second violation within two (2) years; and no more than ten thousand dollars ($10,000) per day for each additional violation within two (2) years.
3. For each unlicensed cannabis activity, no more than ten thousand dollars ($10,000) per day for the first violation; no more than twenty- five thousand dollars ($25,000) per day for the second violation within two (2) years; and no more than fifty thousand dollars ($50,000) per day for the third violation within two (2) years.
4. In the event that the use or structure in violation may be permitted with an appropriate permit, up to a maximum of five (5) times the amount of the standard fee for each required application, approval, review, and permit.
B. Each act, omission or condition may be cited as a separate violation and each violation that continues, exists or occurs on more than one (1) day may constitute a separate violation on each day.
C. Administrative penalties shall begin accruing immediately if a courtesy notice is issued for a canopy violation, pursuant to § 12-04.16. Administrative penalties shall begin accruing after the expiration of the three (3) days provided for correction in the notice of violation and continue for each day that the violation continues. For unlicensed commercial cultivation, administrative penalties shall begin accruing on the day the violation was observed.
D. The administrative penalty may be imposed via the administrative process set forth in this chapter, as provided in Government Code Section 53069.4, or may be imposed by the court if the violation requires court enforcement without an administrative process.
E. All administrative penalties collected pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the cannabis licensing program in enforcing this chapter. (§ 2, Ord. 1557, eff. January 21, 2023)