Siskiyou Declares Cannabis Cultivation a Public Nuisance

Online Marijuana Crime Reporting

Cover Image by CannabisVera from Pixabay

In a 5 yea to zero vote and no comments or rebuttals from the public, the Siskiyou County Board of Supervisors passed a public hearing for the second reading of an Ordinance that seeks to amend Subsection (C)(1) of Section 10-14.100 of the Siskiyou County Code. The proposed amendment pertains to administrative fines and aims to declare unlicensed commercial cannabis cultivation as a public nuisance.

This public hearing is a continuation from January 16, 2024, and it serves as an opportunity for community members and stakeholders to express their views and concerns regarding the proposed changes to the County Code. The Board of Supervisors is committed to ensuring transparency and public participation in the decision-making process, and this hearing is a crucial part of that commitment.

The proposed amendment to Subsection (C)(1) of Section 10-14.100 is significant as it addresses the regulatory framework surrounding commercial cannabis cultivation in Siskiyou County. By declaring unlicensed commercial cannabis cultivation as a public nuisance, the County aims to enforce compliance with licensing requirements and uphold the integrity of the cannabis industry within its jurisdiction.

Subject/Summary of Issue:

Staff proposes amending Subsection (c)(1) of Section 10-14.100 of the Siskiyou County Code regarding administrative fines to add aditional language declaring commercial cannabis activity undertaken without a license as required by the Business and Professions Code to be a public nuisance. The County Code already prohibits, to the greatest extent that is compatiable and consistant with state law, Commercial Cannabis Activity within the unincorporate area.  However, the proposed additional language for Section 10-14.100 is proposed to ensure that the County may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action under AB 1684. Under recent legislation amending Government Code section 53069.4, a local agency that passes an ordinance declaring such activity to be a public nuisance and also provides for immediate imposition of administrative fines (which the County Code provides for), may refer cases to the Attorney General for enforcement. 

County Counsel Recommended Motion:

That the Board: (1) Introduce, waive the second reading of an ordinance amending Subsection (c)(1) of Section 10-14.100 of the Siskiyou County Code to declare unlicensed cannabis cultivation to be a public nuisance; (2)  Find the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15061(b)(3); and (3) Adopt the ordinance.

AN ORDINANCE OF THE COUNTY OF SISKIYOU

AMENDING SUBSECTION (C)(1) OF SECTION 10-14.100 OF THE SISKIYOU COUNTY CODE REGARDING ADMINISTRATIVE FINES 

THE BOARD OF SUPERVISORS OF THE COUNTY OF SISKIYOU ORDAINS AS FOLLOWS:

SECTION I:  Subsection (c)(1) of Section 10-14.100 of the Siskiyou County Code, entitled “Immediate imposition of penalty or fine”, is hereby amended to read as follows (additions are shown in underline italics):

“(c)  Immediate imposition of penalty or fine. 

1. Pursuant to Government Code Section 53069.4(a)(2)(B), or as that section may be amended from time to time, commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code is declared to be a public nuisance and the enforcing officer may immediately impose a civil penalty for the violation of zoning restrictions or building, plumbing, electrical or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required.  When civil penalties are immediately imposed the penalties shall be limited up to one thousand dollars ($1,000.00) per day per violation, not to exceed ten thousand dollars ($10,000.00) per day, for each day the violation(s) continues. 

A civil penalty imposed under this subsection shall be imposed upon the property owner and, if any, upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity.  The property owner and each owner of the occupant business entity, if any, shall be held jointly and severally liable for the civil penalty.  If the Responsible party abates the nuisance or violation within the voluntary time period provided on the notice to abate, the director of the enforcing Department may cancel the civil penalty.

SECTION II:  This ordinance amendment has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (i.e., the “general rule exemption because it can be seen with certainty that the proposed amendment does not have the potential to result in a significant impact on the environment.”)

SECTION III:  Constitutionality:  If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance.  The Board of Supervisors hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

SECTION IV:  This ordinance shall become effective 30 days after its passage and shall, within 15 days of adoption, be published once in a newspaper of general circulation, printed and published in the County of Siskiyou.

source: https://bosagenda.co.siskiyou.ca.us/PublishedMeetings.htm

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