To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Departmental
SUBJECT:
title
Policy Guidance for Abatement of Unpermitted Cannabis Operations
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Direct the Planning and Building Department to require the removal of unpermitted structures used in unpermitted cannabis operations; and
2. Provide additional direction as needed.
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SOURCE OF FUNDING:
The funding for Code Enforcement Unit (1100269) is provided from the General Fund.
DISCUSSION:
The Planning and Building Department seeks direction from the Board regarding removal of unpermitted structures associated with abatement of unpermitted cannabis cultivation. It has been the practice of Code Enforcement to require a site to be returned to pre-cannabis conditions. This requires removal of all cannabis and cannabis infrastructure including demolition of any unpermitted buildings used as part of indoor cultivation to resolve violations. This practice has received increased opposition because property owners often wish to retain the unpermitted buildings. Some of the buildings constructed for illegal cannabis activities are well-built and could be used for other purposes. In several instances properties have been placed on the market without resolution of the violations and the new buyers would also like to keep the buildings.
It is important to consider the unpermitted cultivation of cannabis involves not only the cannabis plant, but also the infrastructure used in this activity. The use of an unpermitted building for the unpermitted cultivation of cannabis is a violation of the Building Code (unpermitted building) and is also an integral part of the unpermitted cannabis activity because the building would not be present without the cannabis activity. Many of the buildings are specifically designed to support indoor cultivation.
Staff has contemplated a policy whereby buildings could rem...
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