To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Adoption of Two Ordinances to Amend Various Sections of Chapters 1 and 2 of Humboldt County Code Title III, Division 5 Related to Public Nuisances, Abatement and Penalties to Clarify Definitions Related to Category 4 Violations and Responsible Party, to Clarify Processing Permits on Properties with Violations, to Require Issuance of a Warning Letter Prior to Issuing Notices, to Clarify When Penalties Begin to Accrue, Addressing How Time Limits for New Property Owners, to Set a Time Limit for Scheduling Appeal Hearings and to Address Information Required in Both a Notice to Abate and Notice of Violation
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt Ordinance Amending Title III, Division 5, Chapter 1 of Humboldt County Code Section 351, Subsections 351-7 and 351-8; Amending Subsection 351-7 to State that a Cannabis Violation Shall Not Be Issued to a New Property Owner Unless the Cultivation Continues for More than 30 Days, and Subsection 351-8 Requiring the Notice to Include Language that the 10-Day Period May Be Extended and the Date of Service; and
2. Adopt Ordinance Amending Title III, Division 5, Chapter 2 of the Humboldt County Code Section 352; Amending Subsections 352-3(i) Regarding Category 4 Cannabis Violations, 352-3(t) Regarding the Definition of Responsible Party, 352-5(b)(2) to Allow Responsible Party to Request Extension of Time to Correct Violation, 352-5(f) to Clarify Permits Unrelated to Cannabis Violation May Issue on Property with Unresolved Cannabis Violation, 352-5(h) Allowing Application for Corrective Permits When Unpermitted Cannabis Activity Has Ceased, 352-6 Allowing Hearing Officer to Set Administrative Civil Penalty, 352-7(a)-(c) Requirement for a Warning Letter Prior to Issuance of Notice of Violation, 352-8 Contents of Notice of Violation, and 352-9 Providing Notice of Appeal Hearing Within 60 Days of Receipt of Appeal.
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Core Services/Other
Strategic Plan Category: 9999 - Core Services/Other
DISCUSSION:
On Oct. 6, 2026, the Board of Supervisors introduced the above-referenced ordinances for adoption which would modify the Humboldt County Code provisions to define the process for assessing penalties on property in violation of the Humboldt County Code or that pose a nuisance to the community. The introduction item included a directive to the Clerk of the Board to publish a pre-adoption summary of the ordinance and to set the ordinance for adoption at least one week away. This action completes adoption of the ordinances and will result in publication of post-adoption summaries.
The amendments have two primary purposes, to better reflect existing processes and to set appropriate boundaries to the assessment of administrative civil penalties. These changes are associated with the settlement of the Thomas case. There are changes to both chapter 1 and chapter 2 of Division 5 of the Land Use provisions in the Humboldt County Code.
The changes to Chapter 1 are minor and include the following:
a) 351-7 New owner. Modified to state that a cannabis violation shall not be issued to a new property owner unless the cultivation continues for more than 30 days after acquisition of the property.
b) 351-8 Contents of Notice to Abate to include:
i. (d) language that the 10-day period may be extended,
ii. (k) referencing allowance of time extension, and
iii. (o) the date of service.
The modifications to Chapter 2 include:
a) 352-3(i) Definition of a Category 4 violation includes commercial cultivation of cannabis combined with one or more acts which by virtue of being committed result in environmental damage and that a new property owner shall not be cited for a Category 4 cannabis violation unless the violation continues for more than 30 days, to acknowledge judicial review as part of the process,
b) 352-3(t) definition of responsible party includes the caveat that a property owner shall not have maintained a violation unless it extends beyond 30 days of property ownership,
c) 352-5(b)(2) Imposition of Administrative Civil Penalty provides for an extension of time to correct violation,
d) 352-5(f) Permit Approval allows issuance of permits unrelated to cannabis violation on property with unresolved cannabis violation,
e) 352-5(h) Corrective Permits allows application for corrective permits so long as unpermitted cannabis activity has ceased,
f) 352-6(a) Amount of Administrative Civil Penalty allows hearing officer to set administrative civil penalty,
g) 352-7 (a)-(c) Warning Letter requirement for County to issue a warning letter prior to issuance of Notice of Violation,
h) 352-8 Contents of Notice of Violation to include
i. (d) description of violation, corrective actions,
ii. (f) administrative civil penalties do not begin until ten (10) calendar days after final adjudication,
iii. (j) appeal hearing scheduled within 60 days,
iv. (o) date of service, statement that notice is being recorded,
v. (p) statement of finding that violation exists, and
i) 352-9 Time limit for Appeal Hearing. The County must issue a notice of administrative civil penalty assessment for an appeal within 60 days.
These changes largely either represent codification of existing practices or are clarifications on process.
SOURCE OF FUNDING:
The cost of preparing and bringing this ordinance forward was approximately $3,000 in staff time. This comes from the General Fund Contribution to the Planning and Building Department budget unit 1100-282.
FINANCIAL IMPACT:
There is no ongoing financial impact with the adoption of this ordinance amendment. This will simply clarify an existing process used by Code Enforcement.
STAFFING IMPACT:
This amendment will not require additional staff.
OTHER AGENCY INVOLVEMENT:
County Counsel
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could choose not to adopt these changes or modify the changes but this is not recommended as this reflects a negotiated settlement agreement.
ATTACHMENTS:
1. Attachment 1 - Ordinance Amendments, Section 351
2. Attachment 2 - Ordinance Amendments, Section 352
PREVIOUS ACTION/REFERRAL:
Meeting of: October 6, 2026
File No.: 26-1023 Introduction of Ordinances; 25-815 HHC 352 Amendments