File #: 23-364    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 3/14/2023 In control: Planning and Building
On agenda: 4/4/2023 Final action: 4/4/2023
Title: Summarily Approve Administrative Civil Penalty Assessment on Various Properties
Sponsors: Planning and Building, Laura McClenagan
Attachments: 1. Staff Report, 2. ATTACHMENT A - Gess, 3. ATTACHMENT B - Wheeler Lumber Co Inc, 4. ATTACHMENT C - Wheeler Lumber Co, 5. ATTACHMENT D - Wild Berry Investments, 6. ATTACHMENT E - Roman, 7. ATTACHMENT F - Aldrew Crowe, 8. ATTACHMENT G - Shafer, 9. ATTACHMENT H - Shafer, 10. ATTACHMENT I - Jose MC Amezcua

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Departmental

SUBJECT:
title
Summarily 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 plus administrative costs incurred in accordance with Title III, Division 5, Chapter 2, section 352-20 Summary Approval of Proposed Administrative Civil Penalty Assessments.
2. Provide direction to the Planning and Building Department regarding additional enforcement of Administrative Civil Penalty Liens.
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SOURCE OF FUNDING:
Property Owner

DISCUSSION:

I. Executive Summary
The Board is being asked to approve the proposed Administrative Civil Penalty Assessments against nine properties which have been unresponsive/non-compliant to notices from the county requiring abatement of nuisances and correction of code violations related to cannabis cultivation. Your Board is also being asked to give direction on how to treat these civil penalty assessments. Historically they remain on the property until the property is sold, but questions have been raised whether it is good to leave a $900,000 assessment sitting on a property for an indefinite period of time. Your Board is being asked to give direction on how to address these assessments.

II. Administrative Civil Penalty Assessments
Attachments A-I include a 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 Respon...

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