File #: 20-241    Version: 1 Name:
Type: Board Order Status: Passed
File created: 2/18/2020 In control: Planning and Building
On agenda: 3/17/2020 Final action: 3/17/2020
Title: Approve Administrative Civil Penalty Assessment on Various Properties
Attachments: 1. Staff Report, 2. Attachment A - James & Lisa R Wheeler 211-375-012.pdf, 3. Attachment B - FYM Real Estate LLC 316-075-008.pdf, 4. Attachment C - W Creek LLC 316-075-009.pdf, 5. Attachment D - Michael Hinojosa 530-151-001.pdf

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Consent

SUBJECT:
title
Approve Administrative Civil Penalty Assessment on Various Properties
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve the proposed Administrative Civil Penalty Assessments on property owners who are in violation of various Humboldt County Codes including violation of Commercial Cannabis Land Use Ordinance (CCLUO) (formerly Commercial Medical Marijuana Ordinance) in the amount of $900,000.00 plus administrative costs incurred in accordance with Title III, Division 5, Chapter 2, section 352-20 Summary Approval of Proposed Administrative Civil Penalty Assessments.

Body
SOURCE OF FUNDING:
Property Owner

DISCUSSION:
The Board is being asked to approve the proposed Administrative Civil Penalty Assessments against five properties which have been unresponsive to notices from the county requiring abatement of nuisances and correction of code violations related to cannabis cultivation. Attachments A-D include record of key noticing documents for each violation, including the name of the property owner, the name of the violator, the Assessor Parcel Number (APN), and notification documents.

Humboldt County Code Section 352-20 states "If an objection to the proposed assessment is not filed by a Responsible Party within ten (10) calendar days after service of the Notice of Administrative Civil Penalty Assessment, the Humboldt County Board of Supervisors shall summarily approve the proposed assessment without holding an Administrative Civil Penalty Assessment Hearing.

These assessments are the result of active code enforcement on unpermitted cannabis operations as directed by your Board. Utilizing a combination of satellite imagery, on-site inspections, and in some cases collaboration with law enforcement, the Department issued Notices to Abate Nuisance and Notices of Violation and Proposed Administrative ...

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