Chapter 11
MARIJUANA CULTIVATION, RELATED POSSESSION, AND SALES

Sections:

11-1    Authority and title.

11-2    Findings and purpose.

11-3    Definitions.

11-4    Application.

11-5    Sales, dispensaries and delivery.

11-6    Requirements for marijuana cultivation and possession.

11-6.1    Commerical cannabis operations.

11-6.1.1    Limited areas for commercial cannabis operations.

11-6.1.2    County commercial cannabis license.

11-6.1.2.1    County commercial cannabis operations license conditions.

11-6.1.2.2    County commercial cannabis operations license term, revocation, and renewal.

11-6.1.3    Violations are a public nuisance.

11-6.1.4    No property right or entitlement to commercial cannabis operations.

11-6.1.5    Expiration of provisions allowing commercial cannabis operations.

11-7    Public nuisance.

11-8    Notice to abate unlawful marijuana cultivation.

11-9    Contents of notice to abate unlawful marijuana cultivation.

11-10    Service of notice to abate unlawful marijuana cultivation.

11-11    Appeal hearing.

11-12    Administrative penalties.

11-13    Costs.

11-14    Special assessments and liens.

11-15    Summary abatement.

11-1 Authority and title.

The board of supervisors for the county of Colusa enacts this chapter under the authority granted to the county by Article XI, Section 7 of the California Constitution, Health and Safety Code Section 11362.83, Government Code Section 25845, Sections 19315 and 19316 of the Medical Marijuana Regulation and Safety Act (AB 266) and the Adult Use of Marijuana Act (Proposition 64). (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part).)

11-2 Findings and purpose.

The Colusa County board of supervisors finds and declares the following:

(a)  The purpose and intent of this chapter is to regulate marijuana cultivation in a manner consistent with state and federal law; promote the health, safety and general welfare of the residents in the unincorporated territory of Colusa County; and prevent potential adverse impacts from marijuana cultivation.

(b)  In 1996 California voters approved Proposition 215, the Compassionate Use Act of 1996 (CUA), codified as California Health and Safety Code Section 11362.5. The CUA is limited in scope. It only provides a limited immunity and defense from criminal prosecution for certain crimes related to the possession and cultivation of marijuana by qualified patients and their primary caregivers. The CUA does not supersede legislation prohibiting persons from engaging in conduct that endangers or affects others. Additionally, the CUA does not create an affirmative right to possess or cultivate marijuana.

(c)  In 2004 the Legislature enacted Senate Bill 420, the Medical Marijuana Program (MMP), codified as California Health and Safety Code Section 11362.7 et seq. The MMP was meant to clarify the scope of the CUA and provide qualifying patients and primary caregivers, who collectively or cooperatively cultivate marijuana for medical purposes, a limited defense to certain state criminal statutes. The MMP does not create an affirmative right to possess or cultivate marijuana.

(d)  On October 9, 2015, the Governor signed into law AB 266, the Medical Marijuana Regulation and Safety Act (MMRSA). Generally, the MMRSA provides for the licensure and regulation of medical marijuana. It also establishes the Bureau of Medical Marijuana Regulation. The MMRSA does not create an affirmative right to possess or cultivate marijuana.

(e)  Effective November 9, 2016, California voters approved Proposition 64, the Adult Use of Marijuana Act (AUMA). AUMA legalizes specified personal use and cultivation of marijuana for adults twenty-one years of age or older under state law. AUMA authorizes the county to enact and enforce reasonable regulations regarding the possession and cultivation of marijuana within the county.

(f)  Neither the CUA, MMP, MMRSA, or AUMA gives anyone the right to cultivate marijuana anywhere they choose or free of local regulation. Health and Safety Code Section 11362.5(b)(2) specifically provides that the CUA does not supersede any legislation intended to prohibit conduct that endangers others. Further, Health and Safety Code Section 11362.83 expressly allows counties to adopt and enforce ordinances that are consistent with the MMP. Additionally, Section 19315 of the MMRSA specifically provides that the MMRSA shall not be interpreted to supersede or limit local ordinances. Similarly, Section 19316 of the MMRSA affirms the right of the county to adopt ordinances regulating marijuana cultivation. Health and Safety Code Section 11362.2 also provides that the county may enact and enforce reasonable regulations regarding the possession or cultivation of marijuana.

(g)  Regardless of state law, the possession and cultivation of marijuana, whether used for medical purposes or not, is unlawful under the Federal Controlled Substances Act (21 U.S.C. Section 801 et seq.). Marijuana is classified as a Schedule I drug. As a Schedule I drug, marijuana is deemed under the law to have a high potential for abuse, no currently accepted medical use, and it has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful for any person to cultivate, manufacture, distribute, or dispense marijuana. The Federal Controlled Substances Act does not exempt the cultivation, manufacture, distribution, dispensation, transportation, or possession of marijuana for medical or any other purpose.

(h)  As recognized by the Attorney General’s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, the cultivation of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. Nothing in the Guidelines or any other provision of law mandates local governments, such as Colusa County, to allow, sanction or permit the establishment or operation of facilities cultivating or dispensing marijuana within their jurisdiction whether for medical or any other purpose.

(i)  The unregulated cultivation of marijuana in the unincorporated area of Colusa County can adversely affect the health, safety, and well-being of its residents. The regulation of marijuana cultivation in Colusa County is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and to preserve the use of limited water resources.

(j)  The cultivation of marijuana increases the risk of trespassing, burglary, and acts of violence in connection with the commission of such crimes or the occupants’ attempts to prevent such crimes at locations where it is cultivated. Similarly, locations where cultivation is taking place are also more prone to be attractive nuisances and interfere with the quiet enjoyment by other property owners in the area, due to offensive odors and increased growing activities at various times of the year.

(k)  Cultivation of marijuana is often associated with violations of local, state and federal environmental laws and pesticide regulations. These violations threaten harm to local waterways, groundwater quality, and endanger the public health and safety.

(l)  Indoor marijuana cultivation presents potential health and safety risks to those living within a structure where marijuana is grown, especially children. These risks include, but are not limited to, potential property crimes, increased risk of fires from grow light systems, and exposure to fertilizers, pesticides, and anti-fungus agents.

(m)  The United States Bureau of Reclamation, which controls a significant portion of the water used by the residents of Colusa County, prohibits the use of any federally controlled water for the cultivation of marijuana crops.

(n)  Water for marijuana cultivation may be illegally diverted from local creeks, streams, and rivers. These diversions unreasonably deprive downstream users of beneficial water sources. Such diversions may also impact water supplies, harm ecosystems, and negatively affect threatened or endangered species.

(o)  There are no fertilizers or pesticides approved for use in marijuana cultivation. The unapproved use of such fertilizers and pesticides may unreasonably increase the concentration of such chemicals in storm water runoff, impacting local creeks, streams and rivers.

(p)  The limited immunity from certain state marijuana laws does not confer the right to create or maintain a public nuisance. Similarly, a limited immunity does not abrogate the right and duty of the county to regulate marijuana cultivation in the unincorporated portions of the county. Through the adoption of this chapter, the county aims to prevent the adverse effects caused by the unregulated cultivation of marijuana in the county. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part).)

11-3 Definitions.

(a)  “Accessory structure” means a structure legally permitted under the Colusa County Code that is located on a parcel of property that includes a legally established and inhabited residence. Any accessory structure used for marijuana cultivation under this chapter must have properly permitted power and water sources, must be secured against unauthorized entry and be accessible only through one or more lockable doors, must be constructed of solid opaque, nontranslucent materials that cannot easily be broken through (such as two-inch by four-inch or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials), and must have a complete roof enclosure. Plastic sheeting, regardless of gauge, or similar products do not satisfy this solid material requirement and greenhouses are not permitted under this definition of an accessory structure.

(b)  “County” means the county of Colusa, or the unincorporated area of the county of Colusa as required by the context.

(c)  “Cultivation” means the planting, growing, harvesting, drying, processing, trimming, or storage of marijuana, in any amount, at any location, in any structure or vehicle, whether indoor or outdoor.

(d)  “Enforcing officer” means the sheriff or his or her designees authorized by the sheriff to enforce this chapter.

(e)  “Industrial hemp” means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seed or resin.

(f)  “Marijuana” or “cannabis” means all parts of the plant genus Cannabis, including its different species or strains, whether growing or not, the resin, or any substance extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, resin, or any substance extracted from the plant and shall include but is not limited to marijuana as defined in California Health and Safety Code Section 11018. The terms “marijuana” and “cannabis” are used interchangeably in this chapter and have the same meaning.

(g)  “Residence” means a private parcel of land with a habitable and properly permitted structure, not a vehicle or trailer, that complies with all state and county residency requirements, and is occupied by a full-time permanent resident age twenty-one or older. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part); Ord. No. 797, § 1.)

11-4 Application.

The provisions of this chapter shall apply to activities and property in the unincorporated territory of Colusa County. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part).)

11-5 Sales, dispensaries and delivery.

The following activities are prohibited under this chapter and deemed a public nuisance:

(a)  The sale of marijuana in any amount;

(b)  The operation or establishment of a dispensary or storefront type facility, business, or operation, to distribute or dispense marijuana; and

(c)  The delivery of marijuana through a delivery service such as a mobile delivery service or other means. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part).)

11-6 Requirements for marijuana cultivation and possession.

Marijuana cultivation in the county is allowed only under the following conditions:

(a)  Cultivation for personal use is limited to individuals age twenty-one or older. The individual must be a full-time permanent resident of the residence at which the cultivation takes place. Cultivation for any other purpose is prohibited except as provided for in section 11-6.1.

(b)  Personal use marijuana cultivation is only allowed in a secured, permitted accessory structure, not an inhabited dwelling, located on the same legal parcel as the residence.

(c)  Accessory structures must be legally permitted through the Colusa County planning and building department. Legally permitted means constructed pursuant to all required permits including but not limited to a building, electrical, and/or plumbing permit and building, electrical and/or plumbing permit final from the county building unit. Should the accessory structure not require a building permit because the total area of the structure as determined by the roofline is equal to or less than one hundred twenty square feet, all other required permits including but not limited to an electrical and/or plumbing permit and an electrical and/or plumbing permit final from the county building unit must still be obtained. An accessory structure for marijuana cultivation must also meet other requirements including but are not limited to odor control filtration, ventilation systems, a water source and other utility and support systems that the county deems in its sole discretion to be required pursuant to state and county codes.

(d)  Accessory structures used for personal use marijuana cultivation must be permitted and inspected prior to any cultivation.

(e)  The accessory structure cannot be located in any front yard setback area and cannot be located between the residence on the parcel and the front yard property line, and must be set back from the side and rear property line at least ten feet.

(f)  The accessory structure must be locked and secured to the extent necessary to prevent unauthorized access or access to anyone under the age of twenty-one.

(g)  Marijuana plants or products must not be visible from the street or neighboring properties.

(h)  Personal use marijuana cultivation and possession is limited to no more than six plants per residence, no matter the number of occupants at a residence.

(i)  Personal use marijuana in excess of twenty-eight and one-half grams must be kept in an accessory structure. (Ord. No. 785, § 1 (Exh. A) (part); Ord. No. 797, §§ 2 – 4.)

11-6.1 Commerical cannabis operations.

In addition to limited personal use cultivation under section 11-6, and subject to the requirements of this chapter and the issuance by the county of a commercial cannabis cultivation license, the following commercial cannabis operations are allowed in certain areas of the county:

(a)  Industrial hemp cultivation and processing.

(b)  State licensed commercial cannabis operations holding one or more of the following state license classifications under California Business and Professions Code Section 26050(a):

(1)  Type 1A – Cultivation; Specialty indoor; Small.

(2)  Type 2A – Cultivation; Indoor; Small.

(3)  Type 3A – Cultivation; Indoor; Medium.

(4)  Type 4 – Cultivation; Nursery.

(5)  Type 5A – Cultivation; Indoor; Large.

(6)  Type 6 – Manufacturer 1.

(7)  Type 7 – Manufacturer 2.

(8)  Type 8 – Testing.

(9)  Type 11 – Distributor.

(10)  Type 12 – Microbusiness. (Ord. No. 797, § 5 (part); Ord. No. 799, § 1.)

11-6.1.1 Limited areas for commercial cannabis operations.

Commercial cannabis operations may only be operated in the following areas within the county:

(a)  Industrial hemp cultivation and processing may only be conducted at the same locations allowed for state licensed commercial cannabis operations.

(b)  State licensed commercial cannabis operations, other than industrial hemp cultivation, may only be conducted in an M-2 heavy industrial zoning district, with an existing Regional Water Quality Control Board approved wastewater permit, within the sphere of influence of the city of Colusa for which a city annexation application has been filed with the Colusa local agency formation commission and only on parcels which as of January 7, 2019, have the following county assessor parcel numbers:

017-030-054

017-030-055

017-030-078

017-030-082 through 017-030-084

017-030-094 through 017-030-096

017-130-005 through 017-130-008

017-130-011 through 017-130-012

017-130-025

017-130-028

017-130-029

017-130-031

017-130-035

017-130-037 through 017-130-040

017-130-043

017-130-068

017-130-075

017-130-084

017-130-085

017-140-001 through 017-140-011

(c)  Commercial cannabis operations are not allowed in any area less than six hundred feet from an existing school, church or park, or residence.

(d)  Commercial cannabis operations involving the distribution of cannabis are not allowed to distribute or deliver cannabis, any cannabis product, or any product derived from cannabis to any location in the unincorporated portion of the county. (Ord. No. 797, § 5 (part).)

11-6.1.2 County commercial cannabis license.

(a)  All commercial cannabis operations in the county are prohibited unless operating under a county commercial cannabis license issued by the county community development director or his designee.

(b)  A county commercial cannabis license may only be issued after the community development director has found the following requirements have been met:

(1)  Submittal of a complete license application to the community development department on a form provided by the department. License applications shall include the following:

(A)  A site plan, floor plans, and a general description of the nature, square-footage, and type of proposed cannabis operation.

(B)  An odor management plan. The plan must detail how the contemplated use will be properly ventilated and exhaust air filtered to neutralize the odor from cannabis so it is not detected by a person with a normal sense of smell outside of the business premises or on an adjoining property.

(C)  A security plan describing physical and operational security measures sufficient to deter theft, eliminate diversion, mitigate other potential crime, and appropriately secure cannabis and cannabis-derived products. The plan shall provide for a video surveillance system that effectively and clearly records images of the area under surveillance at all times. It will also provide for permanently mounted electronic surveillance cameras in fixed locations placed in such a manner to record activity occurring within twenty feet of all points of entry and exit, areas where cannabis goods are weighed, packed, stored, loaded and unloaded for transportation, prepared or moved in the facility, security rooms, and areas storing the surveillance-system storage device. Camera resolution shall be sufficient to allow for the identification of any person and activities in all areas under surveillance. Furthermore, the surveillance system and plan shall provide for the retention of recorded video images for at least 90 days. The security plan shall be subject to review and approval by the county sheriff in addition to the community development director.

(D)  A safety plan including a hazardous materials business plan to the extent required by the county certified unified program agency.

(E)  A waste management plan.

(F)  Documentation, including copies of title documents, leases, or similar agreements, showing that the person or entity seeking the license owns the real property where the commercial cannabis operation will take place or has permission from the real property owner to engage in a commercial cannabis operation at the proposed site.

(G)  Any additional information the community development director in his sole discretion deems necessary to evaluate the proposed commercial cannabis operation.

(2)  Payment of a minimum five thousand dollar deposit, or higher, as determined by the community development director depending on the scope of the proposed commercial cannabis operations. The deposit shall be used to reimburse the county’s cost for applicable staff time, any consultant time, and all other related expenses to process the license application, including any required investigation and inspections. The county shall provide an itemized accounting for all costs charged against the deposit on a monthly basis. In the event that the amount of money in the deposit account is less than fifty percent of the initially determined deposit, the applicant shall deposit additional money into the deposit account to return the balance to the initially determined deposit within fourteen days of notice from the county. Should the license be granted, the license processing account shall be automatically converted to a monitoring and inspection account.

(3)  Satisfaction of any mitigation measures identified by the community development director to address potential impacts the commercial cannabis operations may have on the community.

(4)  Compliance with all County Code requirements, including applicable zoning provisions, any other permitting requirements or authorizations required by law including any permits or authorizations required by the Colusa County air pollution control district, and state law and regulations including whatever temporary, interim or urgency regulations that may be in effect pending the state’s consideration and adoption of permanent regulations. Notwithstanding this provision the community development director may issue a temporary or conditional commercial cannabis operations license prior to an applicant obtaining a final state license. (Ord. No. 797 § 5, (part).)

11-6.1.2.1 County commercial cannabis operations license conditions.

A commercial cannabis operations license will include the following requirements and conditions in addition to any additional requirements the community development director determines in his discretion to be necessary to protect the health, safety, and welfare of the community:

(a)  Licensee will comply with all statutes, regulations, and rules governing the disposal of solid and hazardous wastes, including but not limited to those in Public Resource Code Section 40000 et seq.

(b)  Licensee shall comply with all state and local laws and regulations.

(c)  Licensee shall permit inspections of licensee’s facilities and commercial cannabis activities, on a quarterly basis or more frequently as may be needed, by the community development director or his designee following twenty-four hours’ notice to licensee. Licensee shall make available for review retained video surveillance recordings at the time of inspection or upon demand by the community development director. Inspections will be used to verify compliance with this chapter and license requirements and conditions. Inspection costs, including county staff time, shall be funded by licensee. Licensee will maintain an account with the community development department of at least five thousand dollars to satisfy any county inspection costs as they are incurred for the duration of the license. The county shall provide an itemized accounting for all costs charged against the deposit on a quarterly basis or more frequently dependent upon the inspection schedule. In the event that the amount of money in the deposit account is less than fifty percent of the initially determined deposit, the applicant shall deposit additional money into the deposit account to return the balance to the initially determined deposit within fourteen days of notice from the county. (Ord. No. 797, § 5 (part).)

11-6.1.2.2 County commercial cannabis operations license term, revocation, and renewal.

(a)  Subject to the right of the community development director to revoke a county commercial cannabis operations license as provided for in this section, the license will have a maximum term of two years.

(b)  The community development director may revoke a county commercial cannabis operations license at any time as follows:

(1)  Immediately without notice in accordance with section 11-15; or

(2)  Following completion of applicable notice and appeal procedures provided for in this chapter for the abatement of unlawful marijuana cultivation.

(c)  The community development director may renew a license for subsequent one-year terms or less, if the licensee is not in violation of its license terms or this chapter. (Ord. No. 797, § 5 (part).)

11-6.1.3 Violations are a public nuisance.

Commercial cannabis operations failing to comply with the County Code, any state law or regulation, or the terms and conditions of a county commercial cannabis license, constitute a public nuisance subject to abatement as provided for in this chapter. (Ord. No. 797, § 5 (part).)

11-6.1.4 No property right or entitlement to commercial cannabis operations.

Issuance of a commercial cannabis operations license by the county is not an entitlement or property right. Furthermore, it does not provide immunity or exempt a licensee from any other requirement or restriction under state or federal law. (Ord. No. 797, § 5 (part).)

11-6.1.5 Expiration of provisions allowing commercial cannabis operations.

All Code sections and provisions in this chapter allowing commercial cannabis operations, with the exception of industrial hemp cultivation, will automatically end and no longer be in effect two years following the effective date of the provisions or until the city of Colusa completes its annexation of the area provided for in section 11-6.1.1(b), whichever comes first. Upon termination of the provisions, any licenses issued under this chapter, with the exception of those licenses allowing industrial hemp cultivation, will automatically be revoked and all unlicensed commercial cannabis operations will be prohibited from operating and constitute a public nuisance subject to abatement under this chapter. (Ord. No. 797, § 5 (part).)

11-7 Public nuisance.

(a)  The cultivation of marijuana in Colusa County must comply with the requirements in this chapter or it is deemed a public nuisance.

(b)  Any person owning, leasing, occupying, or having charge or possession of any real property within the county who causes, allows, or permits such property to be used for the cultivation of marijuana in violation of this chapter is deemed to be maintaining a public nuisance. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-6.)

11-8 Notice to abate unlawful marijuana cultivation.

(a)  Whenever the enforcing officer determines that there exists a violation of this chapter, the enforcing officer is authorized to provide the person(s) who the enforcing officer believes is violating this chapter, including the property owner(s) and occupants of real property where a violation is occurring, with a notice to abate unlawful marijuana cultivation.

(b)  Notwithstanding any other provision of this chapter or the Colusa County Code, the enforcing officer and the county are not precluded from taking any other enforcement action, without notice, consistent with and in response to violations of state law. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-7.)

11-9 Contents of notice to abate unlawful marijuana cultivation.

A notice to abate unlawful marijuana cultivation shall be in writing and include the following:

(a)  The name of the property owner(s), as well as any known tenant, lessee, or occupant of the property;

(b)  The address or location of the violation;

(c)  A general description of the violation;

(d)  A statement that the unlawful marijuana cultivation must be abated within five calendar days after the date that the notice is served;

(e)  The date of service;

(f)  A statement that the violation determination may, within five calendar days after the date the notice was served, 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;

(g)  A statement that unless an appeal hearing is requested within the time prescribed in the notice, the enforcing officer will abate the nuisance at the expense of those determined by the enforcing officer to have violated this chapter. It shall also state that the abatement costs, including administration costs, 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. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-8.)

11-10 Service of notice to abate unlawful marijuana cultivation.

The notice to abate may be served in the following ways or in combination:

(a)  By certified mail to the property address and to any additional address on file with the county assessor’s office.

(b)  By posting the notice on the property where the violation is occurring in a visible location, so long as the notice is also served by certified mail to the legal owner of the property as determined by the records of the county assessor. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-9.)

11-11 Appeal hearing.

(a)  Any person served with a notice may appeal the determination of the enforcing officer.

(b)  An appeal under this section may be commenced by filing a written request for hearing with the clerk of the board of supervisors within five calendar days after the date the notice of violation was served. The five-day limitation is jurisdictional and may not be waived. The request shall include a statement of facts supporting the appeal.

(c)  Upon timely receipt of a written request for hearing, the clerk shall set a hearing not less than five calendar days nor more than twenty calendar days from the date the request was filed. Notice of the hearing shall be served via certified mail by the clerk and posted on the property by the enforcing officer.

(d)  Hearings will be conducted by a hearing officer designated by the board of supervisors and need not be conducted according to the strict technical rules of evidence concerning witnesses and hearsay, although 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.

(e)  The hearing officer may continue the appeal hearing upon a showing of good cause by the requesting party. Only one continuance may be granted.

(f)  The hearing officer shall consider the matter de novo and may affirm, reverse or modify the determination made by the enforcement officer. The decision of the hearing officer shall be final and conclusive.

(g)  The decision of the hearing officer shall be served by certified mail on all interested parties within seven calendar days of the hearing.

(h)  The decision of the hearing officer shall be served by certified mail to the property address, any additional address of the property owner listed with the county assessor’s office, counsel of record for any party, the sheriff, and the county counsel’s office. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-10.)

11-12 Administrative penalties.

In addition to any other remedies provided by the County Code or state law, the following civil penalties are imposed for each violation under this chapter: five hundred dollars per day from the date of the notice to abate the unlawful marijuana cultivation is posted on the property, and continuing for each day that violation continues to exist. The property owner and any lessee, tenant, or occupant will be jointly and severally liable for any violations under this chapter. (Ord. No. 785, § 1 (Exh. A) (part).)

11-13 Costs.

In any action brought to enforce this chapter, whether by administrative proceedings, judicial proceedings or summary abatement, each person who violates this chapter shall be liable to the county for all costs incurred by the county, including but not limited to administrative costs, enforcement costs, investigation costs, costs of abatement, costs to compel abatement, costs for appeal, and any collection costs. These costs shall include reasonable attorneys’ fees to the prevailing party in those actions or proceedings in which the county elects, at the initiation of the action or proceeding, to seek recovery of its attorneys’ fees. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-11.)

11-14 Special assessments and liens.

The board of supervisors may order that costs incurred by the county as provided for in section 11-13 be placed upon the county tax roll by the county auditor as a special assessment against any respective real property, or placed on the unsecured roll. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-12.)

11-15 Summary abatement.

Notwithstanding any other provision in this chapter, when any unlawful marijuana cultivation is an immediate threat to the public health or safety, the enforcing officer may direct any officer or employee of the county to summarily abate the nuisance without notice. (Ord. No. 776, § 1 (Exh. A) (part): Ord. No. 785, § 1 (Exh. A) (part). Formerly 11-13.)