| | | | | | | | .png) | SAN BENITO COUNTY AGENDA ITEM
TRANSMITTAL FORM |
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| | | | | | | | Mark Medina District No. 1
| Anthony Botelho District No. 2 | Peter Hernandez District No. 3 | Vacancy District No. 4
| Jaime De La Cruz District No. 5
Chair |
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| | | | | | | | Item Number: 21.
MEETING DATE: 8/4/2020
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Reed Gallogly
SBC DEPT FILE NUMBER: 160
SUBJECT:
COUNTY COUNSEL'S OFFICE - B. THOMPSON
Introduce, waive first reading of Ordinance Amending Code Enforcement Administrative Citations Provisions of San Benito County Code Chapter 1.04, and continue to 8/18/20 for adoption. This ordinance is one that makes general amendments to the County Code, and some specific amendments related to cannabis enforcement, and is not related to COVID enforcement which is addressed in a separate agenda item.
SBC FILE NUMBER: 160
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
The San Benito County Code (“SBCC”), Chapter 1.04 “Administrative Citations,” sets forth provisions for the issuance of administrative citations along with the accompanying fines for violations of various codes. In order to enhance administrative tools for enforcement against illegal, unpermitted cannabis operations, and in conformance with recent amendments to California Government Code § 53069.4, staff recommends making several amendments to the code. The changes are shown in Attachment A, with the proposed additions appearing in redline, underline format and deletions appearing in strikethrough.
These amendments would permit the imposition of immediate administrative penalties for certain any code violations related to illegal or unpermitted cannabis operations. Each individual violation could be punished by an administrative fine of up to $10,000. In cases where violations occur on rented property, the ordinance would permit owners avoid immediate penalties, provided they could meet the statutory criteria under Government Code §53069.4(a)(2)(C), as now amended. That criteria includes showing the property is in the possession of a tenant, that cannabis operations are prohibited in the lease, and that the owner did not know of the cannabis operations and had no actual notice thereof.
BUDGETED:
SBC BUDGET LINE ITEM NUMBER:
CURRENT FY COST:
STAFF RECOMMENDATION:
1) Read title of the ordinance for the record.
2) Make Motion to introduce and waive first reading of Ordinance amending Amending Code Enforcement Administrative Citations Provisions of San Benito County Code Chapter 1.04, and continue the matter for adoption at the next Board of Supervisors meeting on August 18, 2020.
ADDITIONAL PERSONNEL:
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| | | | | | | | BOARD ACTION RESULTS:
Will be brought back to the August 18, 2020 Board Meeting for adoption. (4/0 vote) | | | |
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