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Ordinance No. 4248 1
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING CHAPTER 34C,
ENTITLED "NONMEDICAL MARIJUANA ORDINANCE" OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
Ifollows:
(Section 1. Chapter 34C of the Butte County Code is amended to read
as follows:
34C-1 Authority and title.
Pursuant to the authority granted by Article XI, section 7 of
the California Constitution, Health and Safety Code section
11362.2, and Government Code sections 25845 and 53069.4, the Board
of Supervisors does enact this chapter, which shall be known and
may be cited as the "Butte County Nonmedical Cannabis Ordinance."
34C-2 Findings and purpose.
(a) In 2016, voters of the State of California approved Proposition
64, entitled The Control, Regulate and Tax Adult Use of
Marijuana Act (the "Adult Use of Marijuana Act" or the "AUMA").
(b) The stated purpose of the AUMA is to establish a comprehensive
system to legalize, control and regulate the cultivation,
processing, manufacture, distribution, testing, and sale of
nonmedical cannabis, including cannabis products, for use by
adults twenty-one (21) years and older, and to tax the
commercial growth and retail sale of cannabis.
(c) The AUMA creates a licensing scheme whereby the State will issue
licenses to businesses authorizing them to cultivate,
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distribute, transport, store, manufacture, process, and sell
nonmedical cannabis and cannabis products for adults twenty-one
(21) years of age and older, with such licenses expected to be
issued by January 1, 2018.
(d) The AUMA states that nothing in it shall be interpreted to
supersede or limit the authority of a local jurisdiction to
adopt and enforce local ordinances to regulate businesses
licensed under the AUMA. The AUMA allows local governments to
ban nonmedical cannabis businesses, and mandates that the State
licensing authorities shall not approve an application for a
State license if approval of the State license will violate the
provisions of any local ordinance or regulation adopted in
accordance with the requirements of the AUMA.
(e) The AUMA provides that it shall be lawful under state and local
law for persons twenty-one (21) years of age and older to plant,
cultivate, harvest, dry, or possess not more than six (6)
cannabis plants, and possess the cannabis produced by the
plants, subject to the following restrictions: 1) A person shall
plant, cultivate, harvest, dry or possess plants in accordance
with local ordinances; 2) the plants and any cannabis produced
by the plants in excess of 28.5 grams are kept within the
person's private residence, or upon the grounds of a private
residence, in a locked space, and not visible by normal unaided
vision from a public place; and 3) not more than six (6) plants
may be planted, cultivated, harvested, dried, or processed
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within a single private residence, or upon the grounds of a
private residence, at any one (1) time.
(f) The AUMA allows a county to enact and enforce "reasonable
regulations" to regulate the possession, planting, cultivation,
harvesting, drying, or processing of the six (6) cannabis
plants, as well as the possession of the cannabis produced by
the plants.
(g) The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq.,
classifies cannabis as a schedule I drug, which is defined as a
drug or other substance that has a high potential for abuse, has
no currently accepted medical use in treatment in the United
States, and has not been accepted as safe for use under medical
supervision. The Federal Controlled Substances Act makes it
unlawful, under federal law, for any person to cultivate,
manufacture, distribute or dispense, or possess with intent to
manufacture, distribute or dispense, cannabis. The Federal
Controlled Substances Act contains no exemption for the
cultivation, manufacture, distribution, dispensation, or
possession of cannabis for medical or nonmedical purposes.
(h) In a series of memoranda issued in October 2009, June 2011, and
August 2013, the U.S. Department of Justice provided guidance to
federal prosecutors concerning cannabis enforcement under the
Controlled Substances Act, and generally advised that it is not
likely an efficient use of federal resources to prosecute those
persons or entities acting in compliance with a strong and
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effective state regulatory system for the cultivation and
distribution of cannabis. These guidelines are understood to
allow states to legalize cannabis so long as the state laws
adequately address the following goals of preventing: (1)
distribution of cannabis to minors; (2) revenue from the sale of
cannabis going to criminal enterprises; (3) diversion of
cannabis from states where it is legal under state law to other
states; (4) state authorized cannabis activity from being used
as a cover for the trafficking of other illegal drugs; (5)
violence and the use of firearms in the cultivation and
distribution of cannabis; (6) drugged driving and the
exacerbation of other adverse public health consequences
associated with cannabis use; (7) growing of cannabis on public
lands and the attendant public safety environmental dangers; and
(8) possession or use of cannabis on federal property.
(i) The County's geographic and climatic conditions, which include
dense forested areas that receive substantial precipitation,
along with sparse population in many areas of the County,
provide conditions that are favorable to outdoor cannabis
cultivation. Outdoor cannabis growers can achieve a high per -
plant yield because of the County's favorable growing
conditions.
(j) The County has a compelling interest in protecting the public
health, safety, and welfare of its residents and businesses, and
preserving the peace and integrity of the unincorporated areas
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in the County. In the past, significant concerns have been
raised regarding the land use impacts that the possession,
planting, cultivation, harvesting, drying, processing,
distributing, transporting, storing, manufacturing, and sale of
cannabis will have on the public health, safety, and welfare of
the residents of Butte County, and the environment.
Comprehensive civil regulation of premises used for cannabis
cultivation is proper and necessary to avoid the risks of
criminal activity, degradation of the natural environment,
malodorous smells, and indoor electrical fire hazards that may
result from unregulated cannabis cultivation.
(k) Cultivation of cannabis at locations or premises within six
hundred (600) feet of school bus stops or one thousand (1,000)
feet of schools, school evacuation sites, churches, parks, child
care centers, or youth -oriented facilities creates unique risks
that the cannabis plants may be observed by juveniles, and
therefore be especially vulnerable to theft or recreational
consumption by juveniles. Further, the potential for criminal
activities associated with cannabis cultivation in such
locations poses heightened risks that juveniles will be involved
or endangered, and therefore, cultivation of any amount of
cannabis in such locations or premises is especially hazardous
to public safety and welfare, and to the protection of children
and the person(s) cultivating the cannabis plants.
1(1) It is the purpose and intent of this chapter to implement State
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law by providing a means for regulating the cultivation of
nonmedical cannabis in a manner that is consistent with State
law, and in a manner that promotes the health, safety, and
welfare of the residents and businesses within the
unincorporated territory of the County of Butte.
(m) It is also the purpose and intent of this chapter to provide a
complaint -driven civil process to remedy nuisances related to
nonmedical cannabis cultivation, while also allowing the County
to proactively enforce this chapter, without receiving a
complaint, at its discretion.
(n) In 2015, the California legislature enacted the Medical
Marijuana Regulation and Safety Act ("MMRSA"), which set forth a
new structure for licensing and enforcement of medical cannabis
cultivation, product manufacturing, testing, transportation, and
distribution. Following the passage of the MMRSA, an increasing
number of individuals and businesses began offering mobile
delivery of cannabis to customers in the unincorporated areas of
Butte County, as evidenced by advertisements online and in local
publications, such as the Chico News & Review.
(o) On June 27, 2017 Governor Brown signed into law Senate Bill 94,
which provides a single regulatory structure for commercial
activities involving both medical and non -medical cannabis. The
unified structure establishes a strict licensing scheme whereby
all commercial cannabis activities, including retail sales and
deliveries, are required to be conducted by licensees.
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(p) In January of 2018 the State of California will begin issuing
licenses for various commercial activities, including
cultivation, nurseries, manufacturing, testing, and retail sales
and deliveries. However, SB 94 allows local jurisdictions to
adopt and enforce ordinances that either regulate those
commercial businesses to be licensed by the state, or completely
prohibit the establishment or operation of any or all commercial
activities within their local jurisdictions.
(q) It is also the purpose and intent of this chapter to regulate
commercial activities involving nonmedical cannabis in a manner
that is consistent with state law, and that promotes the health,
safety, and general welfare of the residents and businesses
located within the unincorporated areas of Butte County.
134C-3 Definitions.
Except where the context otherwise requires, the following
definitions shall govern the construction of this chapter:
(a)"Accessory structure" means a fully enclosed structure that
is located on the grounds of a "private residence," and is
detached from the "private residence," as that term is
defined herein.
(b)"Cannabis" has the same meaning as in California Health
and Safety Code section 11018.
(c)"Child care center" means any licensed child care center,
daycare center, or childcare home, or any preschool.
(d)"Church" means a structure or leased portion of a structure,
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which is used primarily for religious worship and related
religious activities.
(e)"Code Enforcement Officer" means any person employed by the
County of Butte and appointed to the position of code
enforcement officer.
(f)"Commercial activity" means any enterprise or activity,
whether or not for profit, concerning the cultivation,
production, storage, processing, manufacture, dispensing,
delivery, distribution, laboratory testing, labeling,
transportation, provision, or sale of cannabis or cannabis
products.
(g)"Cultivation" means any activity involving the planting,
growing, harvesting, drying, curing, grading, or trimming)
of cannabis.
(h)"Delivery" means the commercial transfer of cannabis or
cannabis products to a customer twenty-one (21) years of
age or older.
(i)"Distribution" means the procurement, sale, and transport
of cannabis and cannabis products between licensed entities.
Distribution does not include such transactions if done
directly to an individual end -user.
(j) "Enforcing Officer" means the Code Enforcement Officer or
his or her authorized deputies or designees, each of whom
is independently authorized to enforce this chapter.
(k)"Fence" means a wall or a barrier connected by boards,
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masonry, rails, panels, wire or any other materials approved
by the Department of Development Services for the purpose
of enclosing space or separating parcels of land. The term
"fence" does not include retaining walls.
(1)"Indoors" means entirely within a "private residence" or
"accessory structure" as defined herein.
(m)"Legal parcel" means any parcel of real property that may
be separately sold in compliance with the Subdivision Map
Act (Division 2 (commencing with Section 66410) of Title 7
of the Government Code).
(n)"Manufacture" means to compound, blend, extract, infuse, or
otherwise make or prepare a cannabis product.
(o)"Outdoors" means any location that is not "indoors" as
defined herein.
(p)"Parcel" means a "legal parcel" as defined herein.
(q)"Premises" means a single, legal parcel of property that
includes an occupied legal residence that is a dwelling in
compliance with Chapter 26 of the Butte County Code and has
also met the requirements of Sections 34C-6 and 34C-7.
(r)"Private residence" means a house, apartment unit, mobile
home, or other similar dwelling.
(s)"Residential treatment facility" means a facility providing
for treatment of drug and alcohol dependency, including any
"sober living facility" run by treatment providers for the
benefit of transitional living.
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(t)"Retailer" means a person or business who obtains a state
license for the retail sale and delivery of cannabis or
cannabis products to customers.
(u)"School" means an institution of learning for minors,
whether public or private, offering a regular course of
instruction required by the California Education Code, or
any child or day care facility. This definition includes a
nursery school, kindergarten, elementary school, middle or
junior high school, senior high school, or any special
institution of education, but it does not include a
vocational or professional institution of higher education,
including a community or junior college, college or
university.
(v)"School bus stop" means any location designated in
accordance with California Code of Regulations, Title 13,
section 1238, to receive school buses, as defined in
California Vehicle Code section 233, or school pupil
activity buses, as defined in Vehicle Code section 546.
(w)"School evacuation site" means any location designated by
formal action of the governing body, Superintendent, or
principal of any school as a location to which juveniles
are to be evacuated to, or are to assemble at, in the event
of an emergency or other incident at the school.
(x)"Testing laboratory" means a facility, entity, or site that
offers or performs tests [on] cannabis or cannabis products.
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(y)"Youth-oriented facility" means elementary school, middle
school, junior high school, high school, public park, and
any establishment that advertises in a manner that
identifies the establishment as catering to or providing
services primarily intended for minors, or the individuals
who regularly patronize, congregate or assemble at the
establishment are predominantly minors. This shall not
include a day care or preschool facility.
34C-4 Nuisance declared; restrictions on personal cultivation and
commercial activities.
(a) The cultivation of cannabis that is not in compliance with the
requirements set out in this chapter is hereby declared to be
unlawful, and a public nuisance, which may be abated in
accordance with this chapter.
(1)Not more than six (6) cannabis plants may be cultivated
indoors, or in an outdoor garden located upon the grounds
of a private residence, at any one (1) time.
(2) If the premises is less than five (5) acres in size, the
cultivation of not more than six (6) cannabis plants, and
the possession of the cannabis produced by the plants, shall
only take place indoors, and in one (1) contiguous space.
(3)If the premises is five (5) acres in size or greater, the
cultivation of not more than six (6) cannabis plants, and
the possession of the cannabis produced by the plants, may
take place either indoors, or in an outdoor garden located
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on the grounds of a private residence. The entire
cultivation must take place in one (1) contiguous space.
(b) For cultivation to be permissible inside an accessory structure,
the accessory structure must: 1) comply with the California
Building Standards Code (Title 24 California Code of
Regulations), as adopted by the County of Butte; 2) be secure
against unauthorized entry; 3) be accessible only through one
(1) or more lockable doors; 4) be constructed of approved
building materials, including glass, so as long as the cannabis
being cultivated cannot be seen from any public right-of-way,
including neighboring parcels; 5) contain a ventilation and
filtration system that prevents cannabis plant odors from
exiting the interior of the structure; 6) be located in the rear
yard area of a legal parcel or premises; and 7) maintain the
setbacks set forth in section 34C-8.
(c) The installation of electrical fixtures, plumbing, or
ventilation/filtration systems, for the purpose of modifying an
existing structure to meet the requirements of an accessory
structure, shall require a building permit.
(d) Except as otherwise authorized in this chapter, any commercial
activity, including, but not limited to, the cultivation,
production, storage, processing, manufacturing, dispensing,
distributing, laboratory testing, labeling, transportation,
provision or sale of nonmedical cannabis or nonmedical cannabis
products is prohibited in the unincorporated areas of the County
IWA
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of Butte.
(e) Notwithstanding subsection (d), the mobile delivery of
nonmedical cannabis or nonmedical cannabis products originating
from a licensed retailer, to a customer located in an
unincorporated area of Butte County, is not prohibited.
34C-5 Complaints.
Any person may make a complaint relating to this chapter and
enforcement of this chapter is generally complaint -driven.
Complaints are not required to enforce this chapter, however, as
directed by the Board of Supervisors.
34C-6 Residency requirements.
Persons engaging in the cultivation of cannabis shall either own
the premises, or have entered into a written lease with the owner
of the premises.
34C-7 Environmental requirements.
(a) Any parcel where the cultivation of cannabis takes place shall:
(1) have a permitted permanent water well or connection to a
municipal water source on the premises; (2) not engage in
unlawful or unpermitted surface drawing of water for such
cultivation; and (3) not permit illegal discharges of water from
the premises.
(b) The premises where the cultivation of cannabis takes place shall
either be hooked up to a municipality's sewer system, or have a
Butte County inspected and permitted sewage disposal system.
(c) Persons engaging in the cultivation of cannabis shall use,
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dispose and store chemicals in accordance with all applicable
laws.
34C-8 Setbacks; other restrictions.
(a) Each accessory structure or outdoor garden area that constitutes
the single cultivation area where cannabis is cultivated shall
be set back from the boundaries of the premises as follows:
(1) If the premises is less than five (5) acres, and the cannabis
cultivation takes place inside an accessory structure, the
accessory structure shall be set back at least fifteen (15)
feet from all boundaries of the premises, and at least
seventy-five (75) feet from any occupied residential
structure located on a separate legal parcel, unless the
Director of the Department of Development Services or his
or her designee reduces or waives one (1) or both of these
requirements based upon a finding of unusual hardship for
that particular parcel to comply with such setback
requirements. Owners of parcels adjacent to such premises
shall be notified in writing of any exercise of such
discretion under this section.
(2)If
the premises
is equal
to or greater than
five
(5) acres
but
less than
ten (10)
acres in size,
the
accessory
structure or outdoor garden area constituting the single
cultivation area shall be set back at least seventy-five
(75) feet from all boundaries of the premises, and at least
one hundred and fifty (150) feet from any occupied
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residential structure located on a separate legal parcel,
unless the Director of the Department of Development
Services or his or her designee reduces or waives one (1)
or both of these requirements based upon a finding of
unusual hardship for that particular parcel to comply with
such setback requirements. Owners of parcels adjacent to
such premises shall be notified in writing of any exercise
of such discretion under this section.
(3)If the premises is greater than ten (10) acres in size, the
accessory structure or outdoor garden area constituting the
single cultivation area shall be set back at least one
hundred and fifty (150) feet from all boundaries of the
premises, and at least one hundred and fifty (150) feet from
any occupied residential structure located on a separate
legal parcel, unless the Director of the Department of
Development Services or his or her designee reduces or
waives one (1) or both of these requirements based upon a
finding of unusual hardship for that particular parcel to
comply with such setback requirements. Owners of parcels
adjacent to such premises shall be notified in writing of
any exercise of such discretion under this section.
(4)For cultivation taking place in an accessory structure, such
setback distance shall be measured in a straight line from
the accessory structure to the boundary line of the
premises. For cultivation taking place in an outdoor garden
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area, the cultivation area shall be measured from the outer
edge of the canopy of the cannabis plants, and not from the
stalk, to the boundary line of the premises.
(b) Notwithstanding the requirements of subsection 34C-4(a) above,
the cultivation of cannabis, in any amount or quantity, shall
not be allowed in the following areas:
(1)Within one thousand (1,000) feet of a youth -oriented
facility, a school, a park, or any church or residential
treatment facility as defined herein.
(2)Within six hundred (600) feet from a school bus stop.
(3)In any location where the cannabis plants are visible from
the public right-of-way or publicly traveled privately
maintained roads.
(4)In any location in the following zones:
(A) Commercial Zones (GC (General Commercial), NC
(Neighborhood Commercial), CC (Community Commercial), REC
(Recreation Commercial), SE (Sports and Entertainment), MU
(Mixed Use));
(B) Industrial Zones (LI (Limited Industrial), GI (General
Industrial), HI (Heavy Industrial)); and
(C) Special Purpose Zones (PB (Public), AIR (Airport), RBP
(Research/Business Park), PD (Planned Development)).
(c) The distance between the above -listed uses in Section (b)(1) and
cannabis that is being cultivated shall be measured in a
straight line from the nearest point of the fence required in
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section 34C-10, or if the cannabis is cultivated indoors, from
the nearest exterior wall of the building in which the cannabis
is cultivated, to the nearest boundary line of the property on
which the facility, building, or structure, or portion of the
facility, building, or structure in which the above -listed use
occurs, is located. The distance in Section (b)(2) shall be
measured from the fence required in Section 34C-10 to the
nearest exterior wall of the residential structure.
(d) No person owning, leasing, occupying, or having charge or
possession of any premises within the County shall cause, allow,
suffer, or permit such premises to be used for the outdoor or
indoor cultivation of cannabis plants in violation of this
chapter.
34C-9 Permission of property owner.
If the person(s) cultivating on any legal parcel is/are not the
legal owner(s) of the parcel, such person(s) shall obtain the
written permission (including notarized signatures) of the legal
owner(s) consenting to the cultivation of cannabis on the parcel.
34C-10 Fencing.
All cannabis grown outside of any building must be fully
enclosed by a solid and opaque fence (of approved materials by the
Department of Development Services) at least six (6) feet in height
or a height sufficient to conceal the cannabis from view, whichever
is higher, provided, however, that such fence shall not be required
for cannabis grown on premises of five (5) acres or more when such
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cannabis is grown out of sight from public view. The Director of
the Department of Development Services or his or her designee shall
have discretion to determine whether the plants are grown out of
sight from public view. Should the cannabis plant(s) grow higher
than the fence, either (1) the plants shall be cut so as to not
extend higher than such fence or (2) the person growing cannabis
plants shall install a fence sufficient to conceal the cannabis
plants from public view and comply with all applicable Butte County
permit requirements. The fence must be adequately secure to prevent
unauthorized entry. Bushes or hedgerows may constitute an adequate
fence under this chapter on parcels five (5) acres and above in
size.
34C-11 Public nuisance; violations.
A violation of any provision of this chapter shall be deemed to
be a public nuisance and subject to the enforcement process as set
forth in sections 34C-12 through 34C-17 of this chapter.
34C-12 Enforcement.
(a) The County may, in its discretion, abate a violation of this
chapter by the prosecution of a civil action, including an
action for injunctive relief, without first going through the
administrative procedures set forth herein. The remedy of
injunctive relief may take the form of a court order,
enforceable through civil contempt proceedings, prohibiting the
maintenance of a violation of this chapter, or requiring
compliance with other terms.
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(b) The County may also abate a violation of this chapter through
the abatement process established by Government Code Section
25845.
34C-13 Abatement procedures.
(a) Whenever a Code Enforcement Officer determines that a public
nuisance (as defined in this chapter) exists, he or she shall
post a 72-hour notice to abate at the nearest accessible entry
point to the property where the public nuisance exists, and mail
a copy of the same to those persons shown on the latest County
tax roll to be the owners of the property. The 72-hour notice to
abate shall inform the owner and/or tenants of the basis for the
violation, and that an administrative penalty of five hundred
dollars ($500.00) per day will accrue for each day that the
violation continues to exist; explain that if the violation is
not corrected, the matter will be set for a nuisance abatement
hearing, at which time the administrative penalty will increase
to one thousand dollars ($1,000.00) per day; and explain that to
prevent the accrual of additional penalties and costs, the owner
or tenant must contact the Code Enforcement Office and arrange a
time for a Code Enforcement Officer to inspect the property, and
confirm that the violation(s) have been corrected.
(b) If the nuisance continues to exist after the expiration of the
seventy-two (72) hour period, a Code Enforcement Officer may set
the matter for hearing by issuing a notice of nuisance abatement
hearing. If the matter is set for hearing, the Code Enforcement
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Officer shall post the Notice of Nuisance Abatement Hearing at
the nearest accessible entry point to the property upon which
the public nuisance exists, and shall mail, with a proof of
service, notices to those persons known to be in possession of
the property, if any, and to persons shown on the latest County
tax roll to be the owners of the property, at least ten (10)
days prior to the hearing. The administrative penalty shall
increase to one thousand dollars ($1,000.00) per day from the
date the notice of nuisance abatement hearing is posted at the
nearest accessible entry point to the property, and shall
continue to accrue at that rate for each day that the violation
continues to exist. Both the mailed and posted notice shall be
in substantially the following form:
NOTICE OF NUISANCE ABATEMENT HEARING
The owner(s) and occupant(s) of real property described on the
latest equalized Butte County tax roll as A.P. No. and
having a street address of is (are) hereby notified to
appear before a Hearing Officer of the County of Butte at
on , 20 , at the hour of o'clock m., to
show cause, if any there be, why the use of said real property
should not be found to be a public nuisance and abated pursuant to
the Butte County Code Chapter 34C. The Department of Development
Services has determined that conditions exist on the above property
which constitute a public nuisance and violate Butte County Code
section(s) , as follows: . After hearing, if a
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violation is found to have existed at the time the notice of
nuisance abatement hearing was posted on the property, the
administrative costs incurred in prosecuting the violation,
including, but not limited to, the cost of the Hearing Officer, the
cost of prior time and expenses associated with bringing the matter
to hearing, attorneys' fees, the cost associated with any appeals
from the decision of the Hearing Officer, the cost of judicially
abating the violation, the cost of labor and material necessary to
physically abate the violation, the cost of securing expert and
other witnesses, and the accrual of any administrative penalties,
may become a lien against the subject property, and the costs may
also be specially assessed against the property in the same manner
as taxes. If a lien is recorded, it will have the same force and
effect as an abstract of judgment which is recorded as a money
judgment obtained in a court of law. If you fail to appear at the
hearing or if you fail to raise any defense or assert any relevant
point at the time of hearing, the County will assert, in later
judicial proceedings to enforce an order of abatement, that you
have waived all rights to assert such defenses or such points.
In preparing for such hearing, you should be aware that if an
initial showing is made by the County, sufficient to persuade the
hearing officer that a public nuisance existed on your property at
the time the notice of nuisance abatement hearing was posted, you
will then have the burden of proving that no public nuisance
existed on your property. Therefore, you should be prepared to
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introduce oral and documentary evidence proving why, in your
opinion, your use of the property is not a public nuisance as
defined in this chapter. A copy of the Butte County Code Chapter
34C relating to cannabis cultivation nuisance abatement hearings is
enclosed to assist you in the preparation of your presentation.
If an initial showing sufficient to persuade the Hearing Officer
that a public nuisance existed on your property is made by the Code
Enforcement Officer, your failure to sustain the burden of showing
that no public nuisance existed on the property may result in a
decision by the Hearing Officer that a public nuisance did exist,
and that the County is entitled to recover its administrative
costs, and all administrative penalties that accrued up to the time
that the nuisance was abated.
Further, if the Hearing Officer finds that a public nuisance
continues to exist on your property, and you fail to abate the
nuisance promptly, the County may abate the nuisance. If the County
abates the nuisance, in addition to being able to recover its
administrative costs and penalties, you may be responsible for the
actual costs of the abatement. In either circumstance, all
Administrative and abatement costs may be specially assessed
against your parcel by the Auditor -Controller's Office and added to
lyour tax bill as a special assessment, and all Administrative
Penalties may be recorded against your property as a judgment lien.
Special assessments have the same priority, for collection
(purposes, as other county taxes and, if not paid, may result in a
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forced sale of your property. You are also hereby notified that the
County will seek recovery of attorneys' fees incurred in any
hearing and that attorneys' fees may be recovered by the prevailing
party.
Finally, if the Hearing Officer finds that a public nuisance
exists on your property, in violation of the Butte County Code
Chapter 34C, the County will contend that you are bound by such
finding at any subsequent judicial action to enforce the Hearing
Officer's order.
IMPORTANT: READ THIS NOTICE CAREFULLY.
IN ADDITION TO ANY ADMINISTRATIVE CIVIL PENALTIES THAT HAVE
ALREADY ACCRUED, AN ADMINISTRATIVE CIVIL PENALTY OF $1,000 PER DAY
IS HEREBY IMPOSED FROM THE DATE THIS NOTICE WAS POSTED AT THE
NEAREST ACCESSIBLE ENTRY POINT TO YOUR PROPERTY, AND WILL CONTINUE
TO ACCRUE AT THAT RATE UNTIL THE NUISANCE IS ABATED. IN ORDER TO
PREVENT THE ACCRUAL OF ONGOING PENALTIES AND COSTS, YOU MUST
CONTACT THE CODE ENFORCEMENT OFFICE, AND ARRANGE A TIME FOR A CODE
ENFORCEMENT OFFICER TO INSPECT YOUR PROPERTY, AND CONFIRM THAT THE
VIOLATION(S) HAVE BEEN CORRECTED.
FAILURE TO APPEAR AND RESPOND AT THE TIME SET FORTH IN THIS
NOTICE WILL LIKELY RESULT IN ADMINISTRATIVE AND/OR JUDICIAL
ABATEMENT AND TERMINATION OF USES OF OR CONDITIONS ON YOUR PROPERTY
WHICH THE DIRECTOR OF DEVELOPMENT SERVICES CONTENDS ARE IN
VIOLATION OF THE BUTTE COUNTY CODE.
Dated:
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BUTTE COUNTY DIRECTOR OF DEVELOPMENT SERVICES
By:
Enclosure: Butte County Code Chapter 34C
(c) All hearings conducted under this chapter shall be held before a
Hearing Officer designated pursuant to the protocol set forth in
that document entitled the "Butte County Administrative Hearing
Officer Program." The Program is based upon an alphabetical
rotation through attorneys currently under contract through the
Program.
(d) At the time and place set for the hearing, the Hearing Officer
shall hear testimony and receive written and/or documentary
evidence relating to the alleged violation. Additional
procedural rules may be adopted by resolution of the Board of
Supervisors. The Director of Development Services, or his or her
designee, shall tape record the hearing, and provide a copy of
the recording to the Hearing Officer following the conclusion of
the hearing. The Hearing Officer shall preserve the record of
the hearing, and all photographs and demonstrative and
documentary evidence introduced at the time of the hearing, for
a period of three (3) years.
(e) Within five (5) days after the hearing is closed, the Hearing
Officer shall render his or her written decision relating to the
existence or nonexistence of the alleged public nuisance. If a
violation is found to have existed at the time the notice of
nuisance abatement hearing was posted, the decision shall
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include a statement that the County is entitled to recover its
administrative 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, or persons known to be in possession of the property,
abate the violation within a reasonable time, not to exceed ten
(10) days from the date the decision is placed in the mail. The
decision shall contain findings of fact and conclusions of law.
A copy of the decision shall be mailed by certified mail, return
receipt requested, to the person or persons shown on the last
County tax roll to be the owners of the property which is the
subject of the hearing and the occupant of such parcel, if any.
All other persons noticed pursuant to this section shall be
mailed a copy of the decision by first class mail, postage
prepaid.
(f) The decision of the Hearing Officer shall be final and
conclusive on the date the certified mail set forth in
subsection (e) above, is deposited in the mail.
(g) (1) Notwithstanding any other provisions of this Code, if a
final decision of the Hearing Officer finds that a violation
exists and the public nuisance is not voluntarily abated within
ten (10) days of said decision being placed in the mail by the
Hearing Officer, the Director of Development Services or his or
her designee may abate the public nuisance by cutting and/or
removing all cannabis plants from the property, pursuant to a
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warrant issued by a court of competent jurisdiction. The owner
of the property shall be responsible for paying all of the
County's abatement costs and administrative costs, including,
but not limited to, those cost items set forth in the notice
required by subsection (a) above, and administrative penalties.
The Director of Development Services or his or her designee
shall keep an accounting of the abatement and administrative
costs for each case. Upon completion of the abatement of the
nuisance, whether by the Director of Development Services or his
or her designee, or the owner or tenant, the Director of
Development Services or his or her designee shall post a bill at
the nearest accessible entry point to the property, and shall
send a bill to the owner and any persons known to be in
possession of the property, requesting payment of the county's
abatement and administrative costs, as well as all
administrative penalties. The bill shall also state that failure
to pay the costs and penalties within fifteen (15) days from
service of the bill may result in the recording of a lien and
the placement of a special assessment against the property.
(2)If the County's costs and penalties are not paid within
fifteen (15) days from service of the bill, the Director of
Development Services shall render an itemized report and
set the matter for hearing and consideration regarding a
proposed lien to recover the Administrative Penalties and a
special assessment to recover the costs. The hearing shall
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be held before a Hearing Officer as detailed in subsection
(c) above, and the report shall include the names and
addresses of the owner of record and any persons known to
be in possession of the property, and an itemized account
of the County's abatement costs, administrative costs, and
administrative penalties. At least fifteen (15) days prior
to said hearing, the Director of Development Services, or
his or her designee, shall give notice, with an affidavit
of service, of said hearing to all persons named in the
report and shall post a copy of the notice at the nearest
accessible entry point to the property. The notice shall
describe the property by assessor's parcel number and street
number or other description sufficient to enable
identification of the property and contain a statement of
the amount of the proposed lien and special assessment. The
notice shall also contain a statement that the Hearing
Officer will hear and consider objections and protests to
the proposed lien and special assessment at the designated
time and place.
(h) At the time and place fixed in the notice, the Hearing Officer
shall hear and consider the proposed lien and special assessment
together with objections and protests thereto. At the conclusion
of the hearing, the Hearing Officer may make such modifications
and revisions to the proposed lien and special assessment as he
or she deems just, and may order that the penalties be recorded
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as a lien against the property by the Director of Development
Services, and that the costs be specially assessed against the
property by the Auditor -Controller's Office. The lien shall have
the same force, priority and effect as a judgment lien and the
special assessment shall have the same priority as other County
taxes.
(i) The notice of lien shall, at a minimum, identify the record
owner or possessor of the property, set forth the date upon
which the decision of the Hearing Officer was issued, describe
the real property subject to the lien, set forth the amount of
the costs and penalties incurred to date and, if applicable, the
date upon which the abatement was completed. If the abatement
has not yet been completed, the notice shall so state and shall
also indicate that the lien is a partial lien and that
additional Abatement Costs will be incurred in the future.
It is the intent of the Board of Supervisors that abatement
costs, administrative costs, and administrative penalties incurred
after the filing of the notice of abatement lien relate back to the
date upon which the lien was recorded for purposes of priority;
however, in order to preserve its rights, after all abatement
costs, administrative costs, and administrative penalties have been
incurred and the abatement is complete, the Department of
Development Services shall cause a supplemental notice of abatement
lien to be recorded. The supplemental notice shall contain all of
the information required for the original notice and shall also
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Irefer to the recordation date and the recorder's document number of
the original notice.
(j) The decision of the Hearing Officer may be recorded by the
Director of Development Services. In the event of such
recordation, and in the further event that the violation is
corrected and all costs and penalties are paid, a notice of such
correction shall be recorded. The Director of Development
Services is authorized to prepare and record a notice of
correction. Correction of the violation shall not excuse the
property owner's liability for costs incurred during the
administrative abatement process (abatement costs,
administrative costs, and administrative penalties as defined in
sections 34C-14 and 34C-16 of this chapter). In any action to
foreclose on a lien issued pursuant to this chapter, the County
shall be entitled to an award of attorney's fees.
34C-14 Abatement costs; administrative costs.
(a) The term "Abatement Costs" means any costs or expenses
reasonably related to the abatement of conditions which violate
the Butte County Code, and shall include, but not be limited to,
enforcement, investigation, attorneys' fees, collection and
administrative costs, and the costs associated with the removal
or correction of the violation.
(b) The term "Administrative Costs," shall include the cost of
County staff time reasonably related to enforcement, for items
including, but not limited to, site inspections, travel time,
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investigations, telephone contacts and time spent preparing
summaries, reports, notices, correspondence, warrants and
hearing packets. The time expended by Development Services and
Auditor -Controller staff, to calculate the above costs and
prepare itemized invoices, may also be recovered.
(c) In any action, administrative proceeding, or special proceeding
to abate a nuisance, attorneys' fees may be recovered by the
prevailing party. In no action, administrative proceeding, or
special proceeding shall an award of attorneys' fees to a
prevailing party exceed the amount of reasonable attorneys' fees
incurred by the County in the action or proceeding.
34C-15 Non-exclusive remedy.
This Chapter is cumulative to all other remedies now or
hereafter available to abate or otherwise regulate or prevent
public nuisances.
34C-16 Administrative civil penalties.
In addition to any other remedies provided by County Code or
State Law, and in accordance with Government Code section 53069.4,
there is hereby imposed the following civil penalty for each
violation of this chapter:
(a)Five hundred dollars ($500.00) per day from the day the 72-
Hour Notice is posted at the nearest accessible entry point
to the property, and continuing for each day that the
violation continues to exist; however, if a notice of
nuisance abatement hearing is issued, the penalty shall
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increase to one thousand dollars ($1,000.00) per day from
the date the notice of nuisance abatement hearing is posted
at the nearest accessible entry point to the property, and
shall continue to accrue at that rate for each day that the
violation continues to exist, until the violation is abated
by whatever means.
(b)At the nuisance abatement hearing, the Hearing Officer shall
determine the total amount of administrative penalties that
have accrued at the time of the hearing, and that amount
shall be reflected in the decision and awarded to the
County. If at the time of the hearing the nuisance has yet
to be abated, the decision shall state that administrative
penalties shall continue to accrue at one thousand dollars
($1,000.00) per day until the nuisance is abated. The
decision of the Hearing Officer shall be final and
conclusive on the date the decision is deposited in the
mail.
(c)Administrative penalties shall not be awarded if the
property owner establishes all of the following: (i) that,
at the time he or she acquired the property, a violation of
this code already existed on the property; (ii) the property
owner did not have actual or constructive notice of the
existence of that violation; and (iii) within thirty (30)
days after the mailing of notice of the existence of that
violation, the property owner initiates and pursues, with
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due diligence, good faith efforts, to meet the requirements
of this Code.
(d)In the event a tenant or property owner contacts a Code
Enforcement Officer and demonstrates that all violations
have been corrected in a timely manner prior to a hearing
being conducted pursuant to this chapter, the Director of
Development Services, or his or her designee, has the
authority to waive or reduce the amount of penalties owed,
and cancel the scheduled hearing, if in his or her opinion
such a reduction and hearing cancellation is warranted.
(e)Following the issuance of a Hearing Officer's decision, the
Director of Development Services, or his or her designee,
may compromise the amount of any administrative penalty
imposed by the Hearing Officer. When determining whether to
compromise any penalty amount, the Director, or his or her
designee, shall take into consideration the nature,
circumstances, and gravity of the violation (s), any prior
history of violations, the degree of culpability, the
financial burden to the person(s) upon whom the penalty has
been imposed, the degree to which the proposed compromise
will facilitate collection of the penalties without the need
for further legal action, and any other matters justice may
require. The compromise shall be subject to any terms and
conditions prescribed by the Director, or his or her
designee, which may include, without limitation, a condition
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requiring that the subject legal property and all
responsible parties remain free of any additional violations
for a specified period of time. Any person accepting a
compromise penalty hereunder shall be required to execute a
compromise agreement in a form approved by County Counsel.
34C-17 Summary abatement.
Notwithstanding any other provision of this chapter, when any
unlawful cannabis cultivation constitutes an immediate threat to
the public health or safety, and where the procedures set forth in
sections 34C-11 through 34C-14 would not result in abatement of
that nuisance within a short enough time period to avoid that
threat, the enforcing officer may direct any officer or employee of
the County to summarily abate the nuisance. The enforcing officer
shall make reasonable efforts to notify the persons identified in
Section 34C-13 but the formal notice and hearing procedures set
forth in this chapter shall not apply. No summary abatement shall
occur prior to consultation with the Office of County Counsel. The
County may nevertheless recover its costs for abating that nuisance
in the manner set forth in this chapter.
34C-18 No duty to enforce.
Nothing in this chapter shall be construed as imposing on the
enforcing officer or the County of Butte any duty to issue a notice
to abate unlawful cannabis cultivation, nor to abate any unlawful
cannabis cultivation, nor to take any other action with regard to
any unlawful cannabis cultivation, and neither the enforcing
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officer nor the County shall be held liable for failure to issue an
order to abate any unlawful cannabis cultivation, nor for failure
to abate any unlawful cannabis cultivation, nor for failure to take
any other action with regard to any unlawful cannabis cultivation.
34C-19 Use of money collected under this chapter.
All money collected for penalties for violations of this chapter
and all money collected for recovery of costs of enforcement of
this chapter shall be made available to the Departments, who are
involved in the enforcement of this chapter.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 30th day of July, 2024, by the following
vote:
AYES: Supervisors Connelly, Durfee, Ritter, Teeter and
Chair Kimmelshue
NOES: None
ABSENT: None
NOT VOTING: None
Tod kirfime�l.shue, Chair
Butte Co/nty Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board
r
By.
De uty
LL
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