Pursuant to the authority granted by Article XI, Section 7 of the California Constitution, Health and Safety Code Section 11362.2(b)(1), and Government Code Section 38773.5, the city council does enact this chapter, which shall be known and may be cited as the "Cannabis Ordinance."

(Ord. No. 485, § 4, 11-13-2017)

A.

All definitions set forth within California Health and Safety Code § 11362.7, California Business and Professions Code Section 26001 and California Revenue and Taxation Code Section 34010, as amended from time to time, and as interpreted by judicial opinions from time to time, shall apply under this chapter in addition to the definitions set forth within subsection B below. In the event of an actual conflict between the definitions within the aforementioned statutes and those contained within subsection B below, the definition within subsection B shall prevail.

B.

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

1.

"City" refers to the City of Farmersville.

2.

"Enforcing officer" means the chief of police or the code enforcement officer, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this chapter.

3.

"Legal parcel" and "parcel" mean any parcel of real property which may be separately sold in compliance with the Subdivision Map Act [Division 2 (commencing with Section 66410) of Title 7 of the Government Code].

4.

The terms "cannabis" and "marijuana" shall have the same meaning within this chapter. Furthermore, except where otherwise distinguished, the term "cannabis" shall include and refer to both medicinal cannabis and non-medicinal cannabis.

5.

"Mature cannabis plant" and "immature cannabis plant" shall have the same meaning as those terms are used in California Health and Safety Code Section 11362.77.

6.

"Medical cannabis" shall have the same meaning as medicinal cannabis in California Business and Professions Code Section 26001.

7.

"Municipal code" refers to the Farmersville Municipal Code.

8.

"Cannabis business" shall mean any "cannabis business activity" as defined California Business and Professions Code Section 26001(k), or successor statute, but shall not include any business whose only relationship to cannabis is the production or sale of accessories for individual consumption and/or use of cannabis or cannabis products.

9.

The term "state" refers to the State of California.

C.

Effect of Headings/Titles Within this Chapter. Section and subsection headings and title are provided for organizational purposes only and must not be read to in any manner affect the scope, meaning or intent of the provisions associated with them.

(Ord. No. 485, § 4, 11-13-2017)

A.

Unless and until this subsection is specifically cited as repealed, notwithstanding any other ordinance of the city, each and all of the following activities are hereby declared to be a public nuisance and unlawful when the same occur in violation of any of the provisions of this chapter or any state law, and any such public nuisance may be abated by the city in any manner allowed by any state law or local ordinance:

1.

The operation of any indoor and/or outdoor cannabis cultivation site upon any parcel of real property within the city which does not have an active registration with the city; and

2.

The operation of any cannabis business upon any parcel of real property within the city which does not have an active registration with the city.

B.

Prohibited Cannabis Business and Non-Business Activities. Unless and until this subsection is specifically cited as repealed, notwithstanding any other ordinance of the city, each of the following shall be prohibited everywhere within the city and shall constitute a public nuisance:

1.

Outdoor Cultivation. All outdoor possession, planting, cultivation, harvesting, drying or processing of cannabis and industrial hemp, including any such activities with non-commercial cannabis upon any private residence under California Health and Safety Code Section 11362.1.

2.

Non-Commercial Cultivation. The operation of any indoor and outdoor cannabis cultivation site upon any parcel of real property within the city without a valid state license therefor issued under Division 10 of the California Business and Professions Code, excluding non-commercial cannabis cultivation under Health and Safety Code Section 11362.1 occurring while in full compliance with all applicable provisions of this chapter, the municipal code and state law;

3.

Use in Certain Areas. The inhalation, ingestion, use and/or other consumption, by any natural person, of any cannabis and/or any cannabis product(s):

a.

In any place where any form of tobacco use is prohibited under California Labor Code Section 6404.5 (or successor statute);

b.

Within any building and/or other facility owned, leased, operated or controlled by city;

c.

Upon any public road, street, right-of-way, easement, sidewalk, park or recreation site; and

d.

Upon any privately owned parcel, when such inhalation, ingestion, use and/or other consumption is to any degree detectable to the unaided senses of any reasonable observer who is not located upon the same parcel.

C.

Cannabis Use Prohibited During Public Business Hours. Notwithstanding any other ordinance of the city to the contrary, and to any extent not already prohibited by state law, federal law or subsection B, inhalation, ingestion, use and/or other consumption of any cannabis and/or any cannabis product(s) by any natural person is prohibited upon each parcel of real property within the city during such times when any commercial business conducted thereon is open to the public.

(Ord. No. 485, § 4, 11-13-2017; Ord. No. 487, § 3, 9-24-2018; Ord. No. 511, § 1, 9-13-2021; Ord. No. 516, § 1, 7-25-2022)

A.

Conditional Use Permit Required. Unless and until this subsection is specifically cited as repealed, and notwithstanding any other ordinance of the city to the contrary, each land use occurring on a privately owned parcel of real property within the city which includes the retail sales of cannabis, cultivation, storage, transport, testing, processing and/or sale of any plant or crop, or derivative product thereof, which yields any detectable level of any substance which is listed within any schedule prepared under the federal Controlled Substances Act (codified at 21 U.S.C. Section 801 et seq.), excluding Schedule V, shall require a conditional use permit under Title 17 of the municipal code. Any conditional use permit issued pursuant to this requirement shall be deemed to include a condition which requires compliance with all applicable federal, state and local laws and regulations, regardless of whether or not the same is expressly listed as one of the conditions.

B.

Exemptions. Subsection (a) shall not apply to any of the following:

1.

A land use within the scope of California Health and Safety Code Section 11362.1(a) and which will not concurrently occur on the same parcel with land uses which require any state license under the statutes of Proposition 64 (2016) and Senate Bill 94 (2017);

2.

Each land use which consists, in whole or in part, of the operation of a pharmacy which is under the supervision of a state-registered pharmacist whom has a valid registration from the Drug Enforcement Administration of the United States Department of Justice.

3.

Any land use which, after reasonable consultation with the office of the city attorney, the city reasonably believes is required to be exempt under applicable portions of federal and/or state laws.

C.

Expiration of Conditional Use Permits. Notwithstanding any other provision within the municipal code to the contrary, the failure to operate a cannabis business upon any parcel with a conditional use permit therefor, for a period of six or more consecutive months shall automatically cause said conditional use permit to expire and notice of expiration may be issued by the city but is not required to be issued.

(Ord. No. 485, § 4, 11-13-2017; Ord. No. 487, § 4, 9-24-2018)

A.

Registration Required. This section applies to non-commercial cannabis cultivation under Health and Safety Code Section 11362.1. Each parcel of real property within the city must be registered under this section with the city manager or designee prior to the non-commercial cultivation thereon of any quantity of cannabis whatsoever. Violation of this requirement is hereby declared to be unlawful and a public nuisance which may be abated by the city in any manner allowed by state law or local ordinance. Registration of a parcel does not create any vested right or any land-use entitlement.

B.

Conditions of Active Registration. Registration of any parcel of real property under this section shall be invalid, void and inactive except during such times when all of the following conditions are all simultaneously satisfied:

1.

Registration Application Requirements. Any person owning, leasing, occupying and/or having charge or possession of the parcel has, within the twelve months preceding each date when cultivation will occur, submitted an accurate and signed application for registration, which was ultimately approved for registration by the city, containing all of the following information and documentation:

a.

The name of each person, owning, leasing, occupying and having possession of the parcel;

b.

The maximum number of plants which will be cultivated on the parcel;

c.

Written consent to allow a city inspection of the cultivation site, during normal business hours and on a mutually suitable date, in order to complete the registration process; and

d.

Such other information and/or documentation as the city manager reasonably determines is necessary to ensure compliance with state law and this chapter including, without limitation, information reasonably necessary to establish compliance with subsection (B)(2) of this section.

The application information and documentation shall be received in confidence, and shall be used or disclosed only for purposes of administration or enforcement of this chapter and/or state law, or as otherwise required by law or legal process.

The city council may, by adoption of a resolution, establish a fee for such annual registration, which may include a fee for issuance of a registration certificate in accordance with all applicable legal requirements. Such fee must be paid in full for a registration to be valid and effective. All registrations, whether initial or renewal, of all parcels of real property shall expire at the end of the day on January 31st of the calendar year following the calendar year in which the parcel was registered.

2.

Zoning Compliance. This subsection shall apply notwithstanding any other provision within the municipal code. For cannabis cultivations within the scope of Health and Safety Code Section 11362.1, the parcel to be registered must be located within any zone where a residential land use is permitted, as established by Title 17 of the Municipal Code.

3.

Owner's Consent. When a person cultivating cannabis on any parcel is not the legal owner(s) of the parcel, such person(s) must obtain the notarized written consent to such cultivation from the legal owner(s) of the parcel prior to commencing cultivation of cannabis on such parcel, and must provide the original of said consent to the city manager at the time of application for registration of the parcel. Any withdrawal or revocation of the owner's consent must be notarized and shall, without any notice from the city, terminate any existing annual registration at the end of the thirtieth day after personal service of the notice, which must be dated, upon the tenant(s)/occupant(s), provided that a copy is contemporaneously served upon or mailed to the city. Any such notice which is mailed to a tenant(s)/occupant(s) must be postmarked and shall require an additional five days to become effective.

4.

Indoor Cultivation Requirements. Subject to the other requirements within this chapter, the total area used for cannabis cultivation must not exceed one hundred square feet. When it is unattended by the registrant, such cultivation area must be locked and completely inaccessible to anyone without a unique physical and/or alphanumeric key. The cannabis plants within the cultivation area must not be detectable by unaided sight or smell from adjacent parcels or public vantage points at ground level. Each door providing access into any cultivation area must be locked at all times when not within the view of the cultivator. After a citation issued for excessive odor becomes final and non-appealable, and after written notice of at least fifteen business days, the city may require, as a condition for maintaining registration of a parcel, the installation of a city-approved ventilation system which includes one or more charcoal filters sufficient to eliminate further violations pertaining to cannabis odor. Each building must also comply with any existing, adopted or revised ordinances and all applicable State and local standards pertaining to ventilation rates, exhaust termination, ventilation inlets and humidity levels.

5.

Cultivation Building Requirements. All cannabis cultivations must occur within a properly constructed and permitted real property improvement which is the private residence of the cultivator or is upon the parcel containing such private residence. Such private residence or accessory structure thereto which contains a cultivation area must be fully enclosed and comply with applicable state laws, building standards and all of the following shall apply:

a.

Portables Prohibited. Cultivation within any trailer, camper and any other form of portable enclosure which is not a "private residence" under Health and Safety Code Section 11362.2(b)(5) is prohibited.

b.

Windows. The exterior windows to all buildings or structures where cannabis is cultivated, must eliminate visibility of all cannabis plants from all ground level exterior vantage points and must be equipped with security bars. Security bars must be installed on the inside of detached garages and other auxiliary buildings which are not certified or permitted as human living spaces and such buildings must have fire rated drywall properly installed. Windows must not be broken.

c.

Doors. All frames for doors which allow entry into the building from the outside must be made of metal or solid wood reinforced with metal at the point where locks latch to them. All non-metal doors must be solid-core and equipped with either a deadbolt lock, or a properly functioning industrial grade padlock and locking mechanism, which can only be unlocked with a unique key.

d.

Electrical. The lighting and electrical system for the cultivation area must comport with applicable building standards, including those pertaining to cultivation areas, and not exceed consumption of one thousand two hundred watts at any time. In order to determine whether an electrical panel requires upgrading, a licensed electrician must perform a full electrical load calculation of the lighting and electrical system for the cultivation area and submit it to the city's building official prior to initial registration, renewal of registration and any time the lighting and electrical system is modified to any degree other than the routine replacement of bulbs and fuses. The use of an extension cord of any kind is prohibited for all aspects of cannabis cultivation.

e.

Flooring. The flooring beneath each cannabis plant must not consist of carpet or other non-water proof material which can be penetrated by water or other liquids.

f.

Irrigation Equipment. Use of all garden hoses, drip irrigation lines, irrigation timers and other irrigation components designed for outdoor use is prohibited for all indoor cannabis cultivation. All water fixtures and modifications thereto must be inspected and approved by the city. A reduced pressure backflow prevention device must be properly installed, functioning and inspected for each water fixture used primarily for cannabis cultivation. The presence of any toxic mold in any quantity which exceeds the naturally occurring level is prohibited.

g.

Effluents. Discharge into the city's sanitary sewer system of any effluent containing any cannabis cultivation waste product, chemical, fertilizer or pesticide is prohibited, including discharges into household drains, commercial drains, storm drains and other private and public drainage systems within the city. Furthermore, such discharges are also prohibited into any community water system, municipal water system and all other public or private water systems.

h.

Chemical. All pesticides, fertilizers and other treatments or chemicals used for cannabis cultivation must not be stored within any area of a private residence which does not comply with all requirements of this chapter for a cannabis cultivation area. All such items must not be visible or otherwise detectable by unaided sight or smell from adjacent parcels or public vantage points at ground level.

6.

Plant Size. At all times during indoor cannabis cultivation under Health and Safety Code Section 11362.1 within a parcel containing a private residence, each cannabis plant must not exceed a height which is the lesser of eight feet or one foot from the ceiling above the plant, and the width must not exceed three feet, provided that in no event should the size of cannabis plants which are grown together increase to a degree that any of them to any degree obstruct ingress and egress between each doorway and window within the room wherein they are located. Notwithstanding the foregoing, cannabis plants must not be cultivated in such a manner that the cannabis plant makes contact with any wall, door, window or ceiling at any time and there must at all times exist at least a one foot space between each plant and the walls, doors, windows and the ceiling.

7.

Safety Requirements. At all times during indoor cannabis cultivation under Health and Safety Code Section 11362.1 within a parcel containing a private residence, whenever any person under the age of twenty-one years resides, regularly visits or is actually present upon such parcel, the cultivated cannabis plants must not be located within any common area of such private residence which is accessible by such minor including, without limitation, any hallway, living room, den, family room, kitchen, bathroom, garage or sunroom. Minors under the age of twenty-one years also must not be allowed access into any indoor cultivation area during cultivation, harvesting, drying or processing of cannabis. Except when being actively consumed or handled in accordance with applicable state and local laws, all harvested cannabis and all cannabis products which are located on the parcel must be secured in a safe or room which is locked and inaccessible by persons under the age of twenty-one years of age.

8.

Records. At all times during cannabis cultivation under Health and Safety Code Section 11362.1 which occurs within the city, at least one legible and up-to-date hardcopy journal must be maintained on the parcel, containing all of the following information:

a.

Each cannabis plant's date of acquisition;

b.

The source of such acquisition;

c.

Height and width in inches during each calendar month;

d.

Each cannabis plant's corresponding owner; and

e.

The date of each journal entry next to the printed and signed name of the person making the entry into the journal.

Said journal must be retained for a period of not less than five years after each date listed within the journal. As a pre-condition of registration or registration renewal, the city may require individual tags, bar codes or other physical labels or markers to be affixed onto each cannabis plant exceeding one inch in vertical height.

9.

Metered Water. Water service to the parcel must be metered with a device which is both capable of wireless transmission of metering data and approved by the city.

10.

Building Standards. All waterlines, electrical wiring and structures used for cultivation of cannabis must comply with all applicable building codes, laws and ordinances.

11.

Compliance with State Cannabis Laws. Each registrant must at all times remain in full compliance with all state statutes which are applicable to cannabis including, without limitation, those pertaining to personal cultivation, sales, gifting, use and possession.

12.

Overdue City Balance. Each owner of the parcel to be registered must not have any amount which is overdue, thirty or more days, to the city in unpaid fines, penalties, fees, charges, taxes, assessments and/or other payments, including contracted payments.

C.

Registration Voided Upon Violation. Any registration which becomes void for lack of compliance with any requirement of this chapter shall remain void and ineffective from the initial moment of noncompliance and cannot be reinstated without a renewal application.

D.

Responsibility for Cultivation Violations. No person owning, leasing, occupying or having charge or possession of any parcel within the city shall cause, allow, suffer, or permit such parcel to be used for cultivation of cannabis in violation of any provision in this chapter. Violation of this provision by any person owning, leasing, occupying or having charge or possession of any registered parcel shall be grounds for revocation of registration in addition to abatement under this chapter.

E.

The city manager or designee shall have authority to, in writing, waive any registration fee and/or requirements otherwise needed for registration, and thereafter issue a registration when, after reasonable consultation with the office of the city attorney, it is reasonably believed that state or federal law might so require.

(Ord. No. 485, § 4, 11-13-2017)

A.

Registration Required. Each parcel of real property within the city must be registered under this section with the city manager or designee prior to the use of said parcel for any cannabis business activity and each cannabis business activity within the scope of any state license issued pursuant to Division 10 of the California Business and Professions Code. Violation of this requirement is hereby declared to be unlawful and a public nuisance which may be abated by the city in any manner allowed by state law or local ordinance. Registration of a parcel does not create any vested right or land-use entitlement.

B.

Conditions of Active Registration. The registration of any parcel of real property under this section shall be invalid, void and inactive except during such times when all of the following conditions are all simultaneously satisfied:

1.

Local Cannabis Business Tax. A valid voter-approved local tax ordinance, other than a generally applicable business, sales or use tax, must be in effect for each type of commercial cannabis business activity which is to occur on the parcel. For commercial cultivation of cannabis, such tax must be calculated based upon the square footage of cultivation area and contain an inflationary escalator, or calculated as a percentage of annual gross receipts per fiscal year. For all other cannabis business activity, such tax must either be:

a.

Calculated based upon the square footage of business area and contain an inflationary escalator; or

b.

Calculated as a percentage of annual gross receipts per fiscal year, to the extent permitted by law.

The local tax must allow the city council to annually or periodically choose which calculation method to implement.

2.

Registration Application Requirements. Any person owning, leasing, occupying and/or having charge or possession of the parcel must, within the twelve months preceding each date when activity within the scope of a State license issued pursuant to Division 10 of the California Business and Professions Code occurs, submit an accurate and signed application for registration, and successfully register said parcel with the city. Said application must contain all of the following information and documentation:

a.

The name of each person, owning, leasing, occupying and having possession of the parcel. Corporations and other businesses entities which have more than one hundred owners may instead list the top one hundred owners with the greatest individual ownership interests and next to them list their respective ownership share;

b.

For each business, a list of all personnel who are assigned to work at the parcel to be registered;

c.

The maximum number of plants which will be cultivated on the parcel, if cultivation is to occur;

d.

Written consent to allow a city inspection of all portions of the parcel, with or without notice, during normal business hours and on a mutually suitable date, in order to complete the registration process; and

e.

Such other information and/or documentation as the city manager reasonably determines is necessary to ensure compliance with state law and this chapter including, without limitation, information reasonably necessary to establish compliance with subsection (B)(3) of this section.

This application information and documentation shall be received in confidence, and shall be used or disclosed only for purposes of administration or enforcement of this chapter and/or state law, or as otherwise required by law or court order.

The city council may, by adoption of a resolution, establish a fee for such annual registration in accordance with all applicable legal requirements. All registrations, whether initial or renewal, of all parcels of real property shall expire at the end of the day on January 31st of the calendar year following the calendar year in which the parcel was registered.

3.

Zoning Compliance. Notwithstanding any other provision within the municipal code, and except as otherwise specifically provided otherwise within this chapter, for all cannabis business activity, the parcel to be registered must be located within the "I" (industrial) zone or IL (light industrial) zone as established by Chapter 17.60 of the municipal code. Further, all commercial cannabis uses shall be located at least one thousand feet from schools (or proposed school site as identified in the general plan), school bus stops, school evacuation sites, parks, child care centers, or youth-oriented facilities and not less than three hundred feet from churches or places of worship. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.

4.

Copy of State License. Promptly upon receipt of a valid and operative State license, but no later than three months after successful registration of a parcel under this section, a certified copy of such state license must be lodged with the city.

5.

Conditional Use Permit. A conditional use permit must be obtained.

6.

Owner's Consent. When the person who will operate any cannabis business upon any parcel is not the legal owner of the parcel, such person must obtain the notarized written consent to operate a cannabis business upon the parcel from any legal owner(s) of the parcel and must provide the original of said consent to the city manager at the time of application for that person's first registration of the parcel. Any withdrawal or revocation of the owner's consent must be notarized and shall not impact an existing annual registration but shall operate to preclude a renewal registration when actually received by the city prior to the actual issuance of the renewal registration. A copy of any withdrawal or revocation of consent must be mailed or personally served upon the cannabis business owner at the affected parcel on or about the same day in which it is provided to the city and proof of service must be provided to the city in a form approved by the City.

7.

Compliance with State Cannabis Laws. Each cannabis business must at all times remain in full compliance with all state statutes which are applicable to the particular cannabis business operated including but not limited to:

a.

State licensing requirements.

b.

Protections for minors (e.g. see Chapter 14 of Division 10 of the California Business and Professions Code);

c.

Advertising and marketing restrictions (e.g. see Chapter 15 of Division 10 of the California Business and Professions Code);

d.

Maintenance of commercial cannabis activity records for seven years (e.g. see Chapter 16 of Division 10 of the California Business and Professions Code);

e.

Unique identifiers and the expanded track-and-trace program, including electronic seed-to-sale software tracking with data points for the different stages of commercial activity including, but not limited to, cultivation, harvest, processing, distribution, inventory and sale (e.g. see Chapter 6.5 of Division 10 of the California Business and Professions Code);

f.

Mandatory packaging and labeling requirements (e.g. see Chapter 12 of Division 10 of the California Business and Professions Code); and

g.

Quality Assurance, Inspection, and Testing (e.g. see Chapter 11 of Division 10 of the California Business and Professions Code).

8.

Records. Upon request of the city, the owner of the cannabis business must consent, in writing, to the city's access to and use of all State unique identifiers and track-and-trace program information pertaining to the cannabis business, under Chapter 6.5 of Division 10 of the California Business and Professions Code. If the state fails to provide immediate access to the city to such information, the city manager or designee may, after written notice to all existing registrants and registration applicants, require that at all times during commercial cannabis business activity within the city, at least one legible and up-to-date hardcopy journal must be maintained on the parcel, containing all of the information required to be reported to the state by the cannabis business as well as any additional information as may be specified by the city.

9.

Security System. Each cannabis business must have installed an alarm system which is monitored offsite at all times for security. The alarm system must be utilized whenever the staff of the cannabis business are offsite.

10.

Disclosure of Violations. The owner of the cannabis business must disclose to the city, in writing, each and all violation notices issued to the cannabis business by or on behalf of the state and/or any other local government within ten business days after receipt thereof. Thereafter, the final disposition of each alleged violation must be reported in writing to the city within ten business days after the opportunity to appeal or otherwise legally challenge has expired.

11.

Overdue City Balance. Each owner of the cannabis business, and each owner of record of the parcel to be registered, do not have any amount which is overdue, thirty or more days, to the city in unpaid fines, penalties, fees, charges, taxes, assessments and/or other payments, including contracted payments.

C.

Registration Voided Upon Violation. Any registration which becomes void for lack of compliance with any requirement of this chapter shall remain void and ineffective from the initial moment of noncompliance and cannot be reinstated without a new registration application. A re-registration application from the same cannabis business owner may only be approved with retroactive effect, going back to the date when the parcel became unregistered, if all of the following are satisfied:

1.

The re-registration application was submitted no later than ten business days after receipt of formal written notice from the city of a violation;

2.

All of the regular application requirements are satisfied;

3.

The applicant has tendered the application fee with the re-registration application, which shall be non-refundable, set by resolution of the city council;

4.

The applicant has paid a non-refundable re-registration penalty in the full amount set by resolution of the city council; and

5.

The applicant has paid for all costs associated with processing of the re-registration application, including city inspection fees and related consultant costs incurred by the city.

D.

Responsibility for Violations. No person owning, leasing, occupying or having charge or possession of any parcel within the city shall cause, allow, suffer, or permit such parcel to be used for a cannabis business in violation of any provision in this chapter. Violation of this provision by any person owning, leasing, occupying or having charge or possession of any registered parcel shall be grounds for revocation of registration in addition to abatement under this or any other chapter of the municipal code.

E.

The city manager or designee shall have authority to, in writing, waive any registration fee and/or requirements otherwise needed for registration, and thereafter issue a registration when, after consultation with the city attorney, it appears that state or federal law might so require.

(Ord. No. 485, § 4, 11-13-2017; Ord. No. 487, § 5, 9-24-2018; Ord. No. 489, § 3, 3-11-2019; Ord. No. 492, § 3, 6-10-2019)

A.

Additional Conditions of Active Registration. In addition to the requirements of the preceding section, and for all cannabis cultivations not within the scope of Health and Safety Code Section 11362.1, registration of any parcel of real property shall also be invalid, void and inactive except during such times when all of the following conditions are all simultaneously satisfied:

1.

Zoning Compliance. This subsection shall apply notwithstanding any other provision within the municipal code. The parcel to be registered must be located within the "I" (industrial) zone as established by Chapter 17.60 of the municipal code or "IL" (light industrial) zone, as established by Chapter 17.64 of the municipal code. Further, all cannabis cultivation uses shall be located at least one thousand feet from schools (or proposed school site as identified in the general plan), school bus stops, school evacuation sites, parks, child care centers, or youth-oriented facilities and not less than three hundred feet from churches or places of worship. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.

2.

Conditional Use Permit. A conditional use permit must be approved.

3.

Cultivation Requirements. When it is unattended by the registrant, the cultivation area must be locked and completely inaccessible to anyone without a unique physical and/or alphanumeric key. The cannabis plants within the cultivation area must not be detectable by unaided sight or smell from adjacent parcels or public vantage points at ground level. Each door providing access to any cultivation area must be locked at all times when not within the view of the registrant or its staff. Minors under the age of twenty-one years must not enter into any cultivation area during cultivation, harvesting, drying or processing of cannabis.

4.

Cultivation Buildings. All commercial cannabis cultivation sites must be located within properly constructed and permitted real property improvements which are fully enclosed, comply with applicable state laws and building standards, and which comply with all of the following:

a.

Prohibited Buildings. Temporary buildings, portable modular buildings, prefabricated buildings trailers, campers and any other form of portable enclosure must not be used as commercial cannabis cultivation site under any circumstances.

b.

Windows. The exterior windows to all buildings or structures used as a cultivation site must eliminate visibility of all cannabis plants from all ground level exterior vantage points and must be equipped with security bars. Windows must not be broken.

c.

Doors. All frames for doors which allow entry into the building from the outside must be made of metal or solid wood reinforced with metal at the point where locks latch to them. All non-metal doors must be solid-core and equipped with either a deadbolt lock, or a properly functioning industrial grade padlock and locking mechanism, which can only be unlocked with a unique key.

d.

Electrical. The lighting and electrical system for the cultivation area must comport with applicable building standards, including those pertaining to cultivation sites. In order to determine whether an electrical panel requires upgrading, a licensed electrician must perform a full electrical load calculation of the lighting and electrical system for the cultivation area and submit it to the city's building official prior to initial registration, annual renewal of registration, re-registration and any time the lighting and electrical system is modified to any degree other than the routine replacement of bulbs and fuses. The use of an extension cord of any kind is prohibited for all aspects of cannabis cultivation.

e.

Flooring. The flooring beneath each cannabis plant must not consist of carpet or other non-water proof material which is penetrable by water and any other liquid.

f.

Irrigation Equipment. All water fixtures and modifications thereto must be inspected and approved by the city. A reduced pressure backflow prevention device must be properly installed, functioning and inspected for each water fixture used primarily for cannabis cultivation. Runoff from irrigated cannabis plants must not be located in walkways and must not exit the building at any time. Slippery conditions upon any walkway are prohibited. The presence of any toxic mold in any quantity which exceeds the naturally occurring level is prohibited.

g.

Effluents. Discharge into the city's sanitary sewer system of any effluent containing any cannabis cultivation waste product, chemical, fertilizer or pesticide is prohibited, including discharges into household drains, commercial drains, storm drains and other private and public drainage systems within the city. Furthermore, such discharges are also prohibited into any community water system, municipal water system and all other public and private water systems.

h.

Chemicals. All pesticides, fertilizers and other treatments or chemicals used for cannabis cultivation must not be stored in a manner which allows them to be visible or otherwise detectable by unaided sight or smell from adjacent parcels or public vantage points at ground level.

i.

Ventilation. Each cultivation site must be equipped with a city-approved ventilation system, which may include charcoal filters, sufficient to eliminate detection of cannabis odors from the exterior of the building containing the cultivation site. Each building must also comply with any existing, adopted or revised ordinances and all applicable state and local standards pertaining to ventilation rates, exhaust termination, ventilation inlets and humidity levels. After a citation issued for excessive odor becomes final and non-appealable, and after written notice of at least fifteen business days, the city may require, as a condition for maintaining registration of a parcel, the installation of additional city-approved ventilation system components and features necessary to eliminate further violations pertaining to cannabis odor.

5.

Plant Size. In no event should the size of cannabis plants which are grown together increase to a degree that any of them obstruct unrestricted ingress and egress between each doorway and window within the room where they are located. Cannabis plants must not be cultivated in such a manner that the cannabis plant makes contact with any wall, door, window or building ceiling at any time and there must at all times exist at least a one foot empty space between each plant and the walls, doors, windows and ceiling.

6.

Records. If the state fails to provide immediate access to the city to any or all state unique identifiers and track-and-trace program information pertaining to the cannabis business, the city manager or designee may, after written notice to all existing registrants and registration applicants, require that at all times during commercial cannabis cultivation within the city, at least one legible and up-to-date hardcopy journal must be maintained on the parcel, containing all of the following information:

a.

Each cannabis plant's date of acquisition;

b.

The source of such acquisition;

c.

Height and width in inches during each calendar month;

d.

Each cannabis plant's corresponding owner; and

e.

The date of each journal entry next to the printed and signed name of the person making the entry into the journal.

Said journal must be retained for a period of not less than five years after each date listed within the journal.

7.

Metered Water. Water service to the parcel must be metered with a device which is both capable of wireless transmission of metering data and approved by the city.

8.

Building Standards. All waterlines, electrical wiring and structures used for cultivation of cannabis must comply with all applicable building codes, laws and ordinances.

(Ord. No. 485, § 4, 11-13-2017; Ord. No. 489, § 4, 3-11-2019; Ord. No. 492, § 4, 6-10-2019)

Business owners meeting the requirements of this section shall be allowed to conduct cannabis dispensary operations in the I (industrial) zone district or I-L (light industrial) zone district of the city: The cannabis dispensary operation shall at all times be in compliance with this section as it may be amended from time to time or repealed and replaced by another section governing the cannabis dispensary operation.

(Ord. No. 487, § 6, 9-24-2018; Ord. No. 489, § 5, 3-11-2019)

A.

The maximum number of cannabis dispensaries that shall be permitted to operate in the city may be established by resolution of the city council.

B.

The limitation on the maximum number of cannabis dispensaries is only intended to create a maximum number of cannabis dispensaries that may be issued permits to operate in the city under each category. Nothing in this chapter creates a mandate that the city council must issue any or all of the regulatory permits available.

C.

State Cannabis Law and Other State Laws. The cannabis dispensary shall at all times be in compliance with state law and the implementing regulations, as they may be amended from time to time, as well as all required state license(s) under state law, and any other applicable state law. The operator shall obtain required licenses under state law prior to opening for business, or if the state is not ready to issue licenses under state law prior to the time of opening, within twelve months of the state being ready to issue the required license(s). Provided, however, that the operator shall at all times be in compliance with all other requirements of state law and implementing regulations, and any other applicable state law, regardless of the timing of the issuance of a license under state law. The operator shall meet or exceed the health and safety requirements of state law in any operations relating to recreational cannabis.

D.

Register of Employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be available to the police chief at all times immediately upon request. All agents, officers, or other persons acting for or employed by a licensee shall display a laminated identification badge issued by the licensee. The identification badge shall, at a minimum, include the licensee's "doing business as" name and license number, the employee's first and last name, and a color photograph of the employee that shows the full front of the employee's face and that is at least two inches by two inches in size.

E.

Labeling. All cannabis products offered to customers at a retail location must at a minimum demonstrate compliance with state testing and labeling standards as required by state law and in compliance with any additional city regulations and as they may be amended.

F.

Signage. All signage shall be approved by the City of Farmersville and consistent with the city's signage ordinance. There shall be no signage or markings on the premises, or off-site, which in any way evidences that cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.

G.

Alcoholic Beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.

H.

Tobacco. Tobacco for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.

I.

Transportation. Transportation shall only be conducted according to activity permitted by state law. Transportation does not include deliveries.

J.

Minors. It shall be unlawful for any operator to employ any person who is not at least twenty-one years of age, or any older age if set by the state.

K.

Distance Separation from Schools, School Bus Stops, School Evacuation Sites, Parks, Child Care Centers, or Youth-Oriented Facilities and Other Sensitive Uses. A cannabis dispensary shall not be located within one thousand feet from any existing school or proposed school site as identified in the general plan, bus stops, school evacuation sites, parks, child care centers, or youth-oriented facilities, nor less than three hundred feet from any church or place of worship. Measurements shall be from property boundary to property boundary. For purposes of this section, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes. The distance specified in this section shall be measured in the same manner as provided in subdivision (c) of Section 11362.768 of the Health and Safety Code unless otherwise provided by law.

L.

Hours of Operation. Cannabis dispensaries shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances but in no case shall exceed the minimum state standards or open before six a.m. or remain open after nine p.m. Pacific time.

M.

Building and Related Codes. The cannabis dispensary shall be subject to the following requirements:

1.

The premises in which the cannabis dispensary operations occur shall comply with all applicable local, state and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the building official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.

N.

Secure Building. All cannabis dispensary operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company licensed by the State Bureau of Security and Investigative Services. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for commercial structures and include material strong enough to prevent entry except through an open door. All locks shall be of commercial grade.

O.

Premises Security. The following security conditions shall apply:

1.

Alarm System (both Perimeter, Fire and Panic). A licensee shall maintain an alarm system as defined in Business and Professions Code Section 7590.1(n). A licensee shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system.

2.

Remote monitoring of alarm systems.

3.

Exterior lighting systems for after-hours security.

4.

Exterior and interior camera systems approved by the police chief. The camera systems shall meet the minimum requirements of state law, include interior monitoring of all access points of the site from the interior, and be of a minimum five mega pixels in resolution. Cameras shall record continuously twenty-four hours per day and at a minimum of twenty frames per second. Areas monitored are defined by state law.

5.

All security systems at the site are attached to an uninterruptable power supply that provide continuous power.

6.

Farmersville police department or department designee shall have access to all security systems.

7.

Subject to the provisions below regarding the use and handling of confidential information, IP access for remote monitoring of security cameras by the Farmersville Police Department or Department designee.

8.

Subject to the provisions below regarding the use and handling of confidential information, any and all video or audio tape recordings made for security or other purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a minimum period of ninety days and must be made available to the Farmersville Police Department or department designee for duplication upon demand. In addition, upon request by the Farmersville Police Department the responsible party shall duplicate the records for the Farmersville Police Department or department designee.

9.

All exterior windows must eliminate visibility from the outside where cannabis products are displayed or stored.

10.

Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.

11.

Electronic track and trace systems for cannabis products as approved by the city and as required by state law.

12.

Premises may be inspected and records of the business owner audited by the city for compliance on a quarterly basis or at any reasonable time at the city's discretion.

13.

State of the art network security protocols and equipment need to be in place to protect computer information.

14.

The foregoing requirements shall be approved by the police chief prior to commencing operations. The police chief may supplement these security requirements once operations begin, subject to review by the city council if requested by the business owner.

15.

The city, police chief, police department employees, and any other law enforcement official acting under the direction of the police chief who access the premises and video and/or audio feeds or recordings of the premises ("recipients") may receive or be provided with confidential information relating to the cannabis dispensary, which may include the following: Data, records, plans, and matters relating to customers, vendors, tenants, agreements, and business records (collectively "confidential information"). To the extent confidential information is acquired without a warrant for access to the premises and video and/or audio feeds or recordings as authorized under this section, the recipients shall, to the maximum extent possible, keep such confidential information confidential and not disclose the confidential information to any third parties. Provided, however, that the recipients may disclose confidential information to the state or federal courts in California in connection with any criminal law enforcement action against the business owner or operator, (including its employees, contractors and agents conducting business within the premises) arising from or related to the cannabis dispensary, but only to the extent it is necessary and relevant to such criminal prosecution, and the recipients shall file any such documents under seal to the extent they contain any confidential information. Notwithstanding the foregoing, the city may disclose confidential information:

a.

As may be required by the California Public Records Act or pursuant to a civil subpoena, provided however, the city shall notify the operator and provide the operator with a reasonable opportunity to obtain a protective order before disclosing the confidential information.

b.

In connection with any city enforcement proceeding relating to compliance with city's municipal code and this section, but only to the extent the confidential information is relevant to the proceeding.

P.

Deliveries of Supplies and Transportation of Product to and from Dispensary. The following rules apply to the deliveries and transportation:

1.

Deliveries to the cannabis dispensary of supplies shall only occur as provided for in the diagram and floor plan on file with the city as part of the application process. Delivery vehicles shall not have any markings indicating that deliveries are being made to a cannabis dispensary.

2.

The transportation of cannabis samples and product to and from the cannabis dispensary shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the police chief.

Q.

Premises Maintenance. The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety and general welfare of employees, patrons, surrounding properties, and the general public. The premises of the cannabis dispensary shall not be maintained in a manner that causes a public or private nuisance.

R.

Commercial Cannabis Regulatory Permit. No person or entity shall operate a cannabis dispensary within the City of Farmersville without first obtaining a cannabis regulatory permit from the city. The regulatory permit shall be site specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the regulatory permit.

S.

Conditional Use Permit. Prior to, or concurrently with, applying for a regulatory permit, the applicant shall process a conditional use permit as required by the city's land use regulations. Information that may be duplicative in the two applications can be incorporated by reference. The conditional use permit shall run with the regulatory permit and not the land.

(Ord. No. 487, § 7, 9-24-2018; Ord. No. 489, § 6, 3-11-2019; Ord. No. 492, § 5, 6-10-2019; Ord. No. 511, § 2, 9-13-2021)

A.

Applications. Each applicant seeking to register a parcel for a cannabis business must be the owner of the cannabis business and submit a written application on a form approved by the city. Within twenty business days after receipt of registration application, the city manager or designee shall either:

1.

Act upon the registration application;

2.

Provide a written notice of extension, not to exceed twenty business days; or

3.

Return the registration application with written notification as to why the application is incomplete.

B.

Registration Certificate. Upon approval of a registration application, the city shall issue a registration certificate which must be displayed in any public area within the registered parcel or, if there is no area for the public, within an area common to all employees. Duplicate registration certificates will require payment of fee which shall be set by resolution of the city council.

C.

Employee Identification Card. Each cannabis business employee must at all times while on duty, or while upon a registered parcel, carry a laminated employer-issued identification card, which must be presented to city personnel upon request, containing all of the following:

1.

The legal name or registered fictitious business name of the cannabis business;

2.

The telephone number of the manager of the cannabis business manager;

3.

The employee's first and last name; and

4.

A color photograph of the employee.

(Ord. No. 485, § 4, 11-13-2017)

A.

Annual Inspections. Each parcel upon which a cannabis business operates and each parcel upon which cultivation of cannabis occurs must be inspected by the city a minimum of one time each calendar year.

B.

Regulatory Parcel Inspections. Each parcel upon which a cannabis business operates and each parcel upon which cultivation of cannabis occurs shall be subject to inspection by the city during the ordinary business hours and, for each cannabis business, during any hours when cannabis business staff are working onsite. If the owner or other person in charge of or in possession of the parcel fails to consent to the regulatory inspection, the registrant shall be deemed to have requested that the city obtain and execute a regulatory inspection warrant and a fee shall be assessed against the registrant. Said fee shall be set in accordance with a fee resolution approved by the city council. Said inspection shall be for the purpose of ensuring compliance with the requirements of this chapter and applicable state laws.

C.

Regulatory Records Inspections. The cannabis business records required to be maintained under Division 10 of the California Business and Professions Code and the records required to be maintained under this chapter shall be subject to inspection by the city during the ordinary business hours and, for each cannabis business, during any hours when cannabis business staff are onsite. Said inspection shall be for the purpose of ensuring compliance with the requirements of this chapter and applicable state laws.

(Ord. No. 485, § 4, 11-13-2017)

A.

Background Check. Unless otherwise prohibited by law, every person applying for the registration of a parcel under this chapter, excluding applicants within the scope of Health and Safety Code Section 11362.1, must pay for and complete a LiveScan or comparable background check authorized by the city and provide the results thereof to the city in connection with their application for an initial registration application. Such applicant must also verify their identity by presenting an unexpired identification card or driver's license issued by any U.S. state or the federal government.

B.

Grounds for Denial/Revocation/Suspension. The city manager, or her/his designee, may deny, refuse to renew, suspend or revoke any registration obtained or sought to be obtained under this chapter where any one or any combination of the following conditions are satisfied:

1.

The applicant or registrant failed to provide a fully completed application for registration;

2.

The applicant or registrant provided inaccurate information on an application for registration;

3.

The applicant or registrant failed to pay to the city the required registration fee and/or applicable inspection costs;

4.

The applicant or registrant repeatedly violated this chapter within the preceding twenty-four months;

5.

The applicant or registrant repeatedly violated Chapter 10 of Division 2 of the California Business and Professions Code and now seeks registration to operate a cannabis business;

6.

The applicant or registrant, or upper management thereof if applicable, has been convicted of any felony, misdemeanor, infraction or municipal code violation, or liability in an administrative or civil action, which is substantially related to the qualifications, functions or duties any state-licensed business to be carried out upon the parcel;

7.

The applicant or registrant refused to allow the city to conduct a regulatory inspection of the parcel registered or inspection of records required, as required by this chapter;

8.

The applicant or registrant failed to pay to the city any amount which is overdue, thirty or more days, to the city in unpaid fines, penalties, fees, charges, taxes and/or assessments;

9.

The applicant or registrant seeks registration to operate a cannabis business but no local cannabis business tax, other than a generally applicable business, sales or use tax, is in effect for the type of commercial cannabis business activity which is to occur on the parcel, as required by this chapter.

C.

Appeal. Any person aggrieved by a denial of their application for registration may appeal the decision in the same manner as a notice to abate under Section 17.53.160. Upon receipt of a request for appeal, the city manager or designee may elect to have the appeal proceed under Section 17.53.160 or another process within the Municipal Code, by providing a copy of such process.

(Ord. No. 485, § 4, 11-13-2017)

A.

For the purpose of enforcing the requirements of this chapter, the registrant of each parcel within the city shall be fully responsible for all conduct occurring on the parcel which may violate the terms of this chapter, including the conduct of each of the registrant's invitees, guests, employees, agents and independent contractors working on the parcel, if applicable.

B.

If any violation of the requirements of this chapter occurs on a registered parcel, notice of suspension, revocation or restriction may be issued by providing written notice thereof within or in addition to a notice of violation and/or a notice to abate, which identifies the violation(s) supporting the decision to suspend, revoke or restrict the registration. The suspension, revocation or restriction shall become final when finding regarding the related violation(s) becomes final, unless an immediate suspension, revocation or restriction is reasonably necessary to protect against a substantial risk of significant bodily harm, death or significant property damage.

C.

In addition, the city may report all violations committed by state licensees to the state.

(Ord. No. 485, § 4, 11-13-2017)

A.

Any violation of the provisions of this chapter by any member of the public is hereby declared to be a public nuisance and may be abated by any or all remedies available.

B.

The city may abate the violation of this chapter by the prosecution of a civil action through the city attorney, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this chapter or requiring compliance with other terms.

C.

Each cannabis plant cultivated in violation of the applicable provisions of this chapter shall constitute a separate and distinct violation.

D.

Each and every day that a violation exists as to any violation within this chapter shall constitute a separate and distinct violation.

E.

Each violation of this chapter may be enforced by any and all lawful remedies available under the municipal code and applicable state statute(s), including but not limited to civil fines and penalties, infraction citation, criminal prosecution, public nuisance abatement and civil injunction, as appropriate, and all available remedies shall be cumulative and not preclude other available remedies.

(Ord. No. 485, § 4, 11-13-2017)

Whenever the enforcing officer determines that a public nuisance as described in chapter exists on any parcel within the city, he or she is authorized to notify the record owner(s) and/or occupant(s) of the parcel, through issuance of a written notice to abate cannabis violation ("notice to abate").

(Ord. No. 485, § 4, 11-13-2017)

The written notice required under Section 17.53.130 must be in writing and must:

A.

Identify the owner(s) of the parcel upon which the nuisance exists, as named in the records of the county assessor, and identify the occupant(s), if other than the owner(s), and if known or reasonably identifiable.

B.

Describe the location of such parcel by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the parcel.

C.

Identify such property by reference to the assessor's parcel number.

D.

Contain a statement that cannabis violation exists on the parcel and that it has been determined by the enforcing officer to be a public nuisance as described in this chapter.

E.

Describe the cannabis violation that exists and the actions required to abate it.

F.

Contain a statement that the owner or occupant is required to abate the cannabis violation within fourteen calendar days after the date of service of the required notice to abate.

G.

Contain a statement that the owner or occupant may, within ten calendar days after the date that said notice was served, make a request in writing to the city clerk for a hearing with the city manager or the city manager's designee to appeal the determination of the enforcing officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this chapter.

H.

Contain a statement that, unless the owner or occupant abates the cannabis violation, or requests a hearing before the city manager or designee, within the time prescribed in the written notice, the enforcing officer will abate the nuisance. It shall also state that the abatement costs, including administrative costs, shall be made a special assessment added to the real property tax assessment roll and become a lien on the parcel, or be placed on the unsecured tax roll.

I.

Indicate that the parcel may be sold by the tax collector after three years of unpaid delinquent assessments.

(Ord. No. 485, § 4, 11-13-2017)

A.

The notice to abate shall be served by delivering it personally to any adult occupant of the parcel and, pursuant to Government Code Section 38773.5(c), shall also be served by certified United States mail address to each owner of the parcel, together with a certificate of mailing, to the address of each owner of the parcel as shown on the last equalized assessment roll, except that:

1.

If the records of the county assessor show that the ownership has changed since the last equalized assessment roll was completed, the written notice shall also be mailed to each new owner at his or her address as it appears in said records; or

2.

In the event that, after reasonable effort, the enforcing officer is unable to serve the written notice as required by this section, service shall be accomplished by posting a copy of the written notice on the parcel upon which the nuisance exists as follows:

a.

Copies of the written notice shall be posted along the frontage of the subject property and at each entry way or such other locations on the property reasonably likely to provide notice to the owner and occupant.

b.

In no event shall fewer than two copies of the written notice be posted on a property pursuant to this section.

B.

The service of the written notice is deemed complete as of the date of deposit in the U.S. mail, personal delivery, or posting, as applicable.

C.

Upon completion of service of the notice to abate, said notice may be recorded in the office of the county recorder pursuant to Government Code Section 38773.5(e).

(Ord. No. 485, § 4, 11-13-2017)

A.

Any person upon whom a notice to abate has been served may appeal the determination of the enforcing officer, that the conditions set forth in such notice constitute a violation and/or public nuisance, to the city manager or designee, or may show cause before the city manager or designee why those conditions should not be abated in accordance with the provisions of this chapter.

B.

An administrative review must be commenced by filing a written request for a hearing with the city clerk within ten calendar days after the date when the relevant notice was served upon them. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing the written request for administrative review shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request which complies fully with the requirements of this section, the findings of the enforcing officer contained in the relevant notice shall become final and conclusive on the eleventh day following service of the relevant notice.

C.

Upon timely receipt of a written request for hearing which complies with the requirements of this section, the city clerk shall set a hearing date not less than seven days nor more than thirty days from the date the request was filed, unless the city and the person requesting the hearing agree otherwise in writing. The city clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the city served, and to the enforcing officer. Pursuant to Government Code Section 38773.5(c), said notice of the hearing date shall be sent by certified mail to the record owners of the parcel.

D.

Any hearing conducted pursuant to this chapter need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely upon in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The city manager or designee 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 city manager or designee may continue the administrative hearing from time to time.

F.

The city manager or designee shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the notice identifying the disputed violations. The city manager or designee shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the alleged cannabis violation, as well as findings concerning the propriety and means of abatement of the conditions set forth in the notice to abate. Such decision shall be mailed to, or personally served upon, the party requesting the hearing, any other parties upon whom the notice to abate was served, and the enforcing officer except that pursuant to Government Code Section 38773.5(c), said notice shall be sent by certified mail to the record owners of the parcel.

G.

The decision of the city manager or designee shall be final and conclusive.

H.

After issuance of the decision of the city manager or designee, if a notice to abate was recorded against any property that, under the decision of the city manager or designee, shall not secure any special assessment under this chapter, the city clerk shall cause a notice of withdrawal to be recorded in the office of the county recorder pursuant to Government Code Section 38773.5(e). Said notice of withdrawal need not be acknowledged but must have attached a certified copy of the city manager or designee resolution authorizing the recordation of the notice of withdrawal, and shall specifically reference the official recorded document number listed on the notice to abate to be withdrawn.

(Ord. No. 485, § 4, 11-13-2017)

A.

In any enforcement action brought pursuant to this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, each person who causes or permits to exist, or who maintains any cannabis violation shall be liable for all costs incurred by the city, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this chapter, whether those costs are incurred prior to, during, or following enactment of this chapter.

B.

In any action by the enforcing officer to abate cannabis violation under this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorneys' fees incurred. 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 actually incurred by the city in such action or proceeding. Pursuant to Government Code Section 38773.5(b), recovery of attorneys' fees under this subsection shall be limited to those actions or proceedings in which the city elects, in the notice to abate, to seek recovery of its own attorneys' fees.

(Ord. No. 485, § 4, 11-13-2017)

Any owner or occupant may abate an cannabis violation on parcel of real property owned, occupied or controlled by them or cause such cannabis violation to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer.

(Ord. No. 485, § 4, 11-13-2017)

A.

Whenever the enforcing officer becomes aware that an owner or occupant has failed to abate any cannabis violation within fourteen days of the date of service of the notice to abate, or if such notice was appealed, as of the date set by the city manager or designee requiring such abatement, if any, the enforcing officer may take one or more of the following actions:

1.

Enter upon the parcel and abate the nuisance with city personnel, or by private contractor under the direction of the enforcing officer. The enforcing officer may apply to a court of competent jurisdiction for an abatement warrant authorizing entry upon the property for the purpose of undertaking the abatement work. If any part of the work is to be accomplished by a private contractor(s), a written estimate of the work shall be provided to the owners and occupants of the parcel. Nothing herein shall be construed to require that any contract be awarded under this chapter through competitive bidding procedures whenever such procedures are not required by the general laws of the State of California or this code; or

2.

Request that the city attorney commence a civil action to redress, enjoin and/or abate the public nuisance.

(Ord. No. 485, § 4, 11-13-2017)

The enforcing officer shall keep a written accounting of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the city manager or designee showing the cost of abatement and the administrative costs for each parcel.

(Ord. No. 485, § 4, 11-13-2017)

Upon receipt of the accounting report of the enforcing officer, the city clerk shall send a copy of each report by certified mail addressed to each corresponding property owner and include therewith a notice informing each owner that at the date and time specified, which shall not be less than five business days after the date of mailing of the notice, the city manager or designee will meet to review the accounting report and that each owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the city clerk prior to the time set for the hearing by the city manager or designee. Unless otherwise expressly stated by the owner, payment of any costs of abatement and any costs of administration prior to said hearing shall be deemed a full waiver of the right to said hearing and a conclusive admission that said accounting is accurate and reasonable.

(Ord. No. 485, § 4, 11-13-2017)

A.

At the time fixed, the city manager or designee shall meet to review the report of the enforcing officer. An owner may appear at said time and be heard on the question of whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported are reasonable. The cost of administration shall also be reviewed.

B.

The report of the enforcing officer shall be admitted into evidence. The owner(s) shall bear the burden of proving by clear and convincing evidence that the accounting is not accurate and reasonable.

(Ord. No. 485, § 4, 11-13-2017)

The city manager or designee shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.

(Ord. No. 485, § 4, 11-13-2017)

After the hearing on the accounting under Section 17.53.220, the city manager or designee may order that the cost of abatement of any nuisance pursuant to this chapter and the administrative costs as confirmed by the city manager or designee be recorded as a special assessment against the respective parcels of land and placed upon the secured county tax roll, or placed on the unsecured roll, pursuant to Section 38773.5 of the Government Code. However, the cost of abatement and the cost of administration as finally determined by the city manager or designee shall not be placed on any tax roll if paid in full prior to entry of said costs on the tax roll. The city manager or designee may also authorize or require that a notice of abatement lien be recorded against the respective parcels of real property pursuant to Section 38773.5(e) of the Government Code.

(Ord. No. 485, § 4, 11-13-2017)

As an alternative to the procedures set forth in Sections 17.53.130 through 17.53.160, the city may abate the violation of this chapter by the prosecution of a civil action through the city attorney, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this chapter or requiring compliance with other terms.

(Ord. No. 485, § 4, 11-13-2017)

Notwithstanding any other provision of this chapter, when any cannabis violation constitutes an immediate threat to public health, security or safety, and when the procedures set forth in Sections 17.53.130 through 17.53.160 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 city to summarily abate the nuisance. The enforcing officer shall make reasonable efforts to notify the persons identified in Section 17.53.150, but the formal notice and hearing procedures set forth in this chapter shall not apply. Pursuant to Government Code Section 38773, the city may nevertheless recover its costs for abating that nuisance in the manner set forth in Sections 17.53.200 through 17.53.240.

(Ord. No. 485, § 4, 11-13-2017)

Nothing in this chapter shall be construed as imposing on the enforcing officer or the city any duty to issue a notice to abate, nor to abate any cannabis violation, nor to take any other action with regard to any cannabis violation, and neither the enforcing officer nor the city shall be held liable for failure to issue an order to abate any cannabis violation, nor for failure to abate any cannabis violation, nor for failure to take any other action with regard to any cannabis violation.

(Ord. No. 485, § 4, 11-13-2017)