On Tuesday, the Oakley City Council will look to approve its ordinance to address indoor and outdoor marijuana cultivation which also increases fines.
The proposed ordinance will clarify that each and every marijuana plant cultivated outdoors, or indoors in excess of six plants allowed by State law, is a separate offense and each will be subject to a separate administrative citation under Sections 1.5.002(e) and 4.41.108(b) added to the Oakley Municipal Code in March of this year. These sections allow for an administrative fine for unlicensed commercial
cannabis activity not to exceed $1,000 per violation or $10,000 per day. The proposed ordinance would allow each and every marijuana plant cultivated outdoors, or indoors in excess of six plants allowed by State law, to be treated as a separate offense and subject to an administrative citation of $1,000 per plant or $10,000 per day.
In a separate item, the council will also introduce an ordinance to include an Administrative Hearing Requirements Related to Unlawful Commercial Cannabis Activity.
According to the Staff Report, California Government Code Section 53069.4(a)(2)(E)(i, ii, iii) provides that if such an ordinance is adopted that it provide for a reasonable period of time for the correction or remedy of the violation prior to the administrative fines that are imposed after notice and a reasonable time to correct only when the property owner can substantiate all of the following:
- a tenant is in possession of the property that is the subject matter of the administrative action,
- the rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity,
- the rental property owner or agent did not know the tenant was engaging in unlawful commercial cannabis activity and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlawful commercial cannabis activity.
If an administrative violation is found for unlawful commercial cannabis activity, the property owner is mailed a Notice of Violation and/or administrative fine imposed by the City. The property owner has the right to appeal administrative fines to an administrative hearing officer.
Back in March, the Oakley City Council voted 5-0 to approve an updated cannabis ordinance to increase fines.
