BY: R- DAVIS The enforcing officer observed the following condition(s) on the premises (in violation of the Calaveras County Code):

Transcription

1 Calaveras County Code Compliance Phone (209) Fax (209) Mountain Ranch Road, San Andreas, CA Website: Site Address: 3071 CHESTNUT WAY City: ANGELS CAMP Property 0\wner(s) Name(s): DAVID GOMEZ Last Known Addressfesi: 1^80 APPLE LN. TURLOCK, CA Occupant(s) Name(s): Address(es): INSPECTION DATE: 9/26/17 BY: R- DAVIS The enforcing officer observed the following condition(s) on the premises (in violation of the Calaveras County Code): B Unregistered/Denied Cannabis Cultivation Site, in violation of Chapter of the Calaveras County Code Canopy size in excess of the figure listed on registration or application for registration, In violation of Chapter of the Calaveras County Code III Violations of Chapter 8.06 of the County Code - See Attached MC-001 Unpermitted Grading Other: NOTICE MC-001 was posted in accordance with of the Calaveras County Code. DATE POSTED: 9 /28 /2017 POSTED BY: R- DA\/^ 9/28/2017 Date Signature of Enforcement Officer ATTACHMENTS: Declaration of Enforcing Officer Notice of Violation, Administrative Citation and Order to Abate, and Notice of Hearing (MC-OOl) Photo{s) taken at inspection Proof of Service of overnight mailing (MC-004) Proposed Orders After Hearing (MC-006) Other: MC-003

2 Calaveras County Code Compliance Phone (209) Fax (209) Mountain Ranch Road, San Andreas, CA Website: Declaration of Enforcing Officer I Reba Davis am a Calaveras County Code Enforcement Officer employed by the Calaveras County Code Compliance Unit. I have been authorized, by State law and under Chapters 8.06 and of the Calaveras County Code to make findings and undertake enforcement actions for the purpose of enforcing Calaveras County regulations regarding the unlawful cultivation of Cannabis. I have personally observed Thousands of cannabis plants and have visited and inspected no less than 300 cannabis cultivation sites in the ordinary course of my duties. I can identify growing, drying, and processed cannabis and have seen cannabis plants in every stage of growth from seedlings to mature plants. I am also familiar with and can readily identify the odor of cannabis. I observed more than 6 cannabis plants at the site is located at APN and 3071 Chestnut Wv. Angels Camp via photographs taken by the Calaveras County Sheriffs Department. I am informed and believe that this site was previously registered under permit number It was denied by the Planning Department on and exhausted their appeal process on The 'Notice of Violation, Administrative Citation and Order to Abate, and Notice of Hearing' was posted at the property in two conspicuous locations, either side of the aate which is the only known access point to the Drooertv on 09/28/2017 along with Form MC-002 'Notice of Burden of Proof and Adequate Evidence of Abatement Information and Declaration of Abatement' and Form MC-002i with information regarding the staff report and contact information for the Clerk to the Administrative Hearing Board. Copies of these documents were also mailed to the landowner's last known address of 1480 Aoole in. Turlock. CA on 9/28/17 by Amanda Manchaca. I Declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Reba Davis MC-003

3 ATTACHMENT B- PHOTOS OF GOMEZ PHOTO - 1 Page 1 of 7

4 ATTACHMENT B- PHOTOS OF GOMEZ PHOTO - 2 Page 2 of 7

5 ATTACHMENT B- PHOTOS OF GOMEZ PHOTO - 3 Page 3 of 7

6 ATTACHMENT B- PHOTOS OF GOMEZ PHOTO - 4 Page 4 of 7

7 ATTACHMENT B- PHOTOS OF GOMEZ PHOTO - 5 Page 5 of 7

8 ATTACHMENT B- PHOTOS OF GOMEZ PHOTO - 6 Page 6 of 7

9 ATTACHMENT B- PHOTOS OF GOMEZ PHOTO - 7 Page 7 of 7

10 Calaveras County Code Compliance Phone (209) Fax (209) Mountain Ranch Road, San Andreas, CA Website: NOTICE OF VIOLATION, ADMINISTRATIVE CITATION, ORDER TO ABATE, AND NOTICE OF HEARING Property Owner Name and Last Known Address: Occupant (if identity known): Dflvio Qome-z- Mb AfiPte uj ^UflLOCLK.^ 9530? 30TI thest^out i/jy I h'xkfiiscjvhf Site Address: oez-oos-osi Assessor's Parcel Number: Enforcing Officer: Inspection Date: TO ALL OWNERS, OCCUPANTS, AND ALL OTHERS WITH ANY POSSESSORY INTEREST IN THE ABOVE IDENTIFIED PREMISES: YOU ARE HEREBY NOTIFIED that unlawful cannabis cultivation exists on the premises, constituting a public nuisance under Chapter of the Calaveras County Code. Such condition(s) violate(s) the following specific provjsion(s) of the Calaveras County Code and must be abated in the following manner: 1^ Unlawful cultivation of cannabis ( ): ^ Cultivation site not registered. You must destroy all unlawfully cultivated plants on the premises. Excessive Canopy Size. You must reduce your canopy size to what Is listed in and allowed by your pending application or registration. The Following Additional Violations Exist on the Property : ATTENTION! ORDER TO ABATE YOU ARE REQUIRED TO ABATE THE UNLAWFUL CANNABIS CULTIVATION WITHIN TEN (10) CALENDAR DAYS AFTER SERVICE OF THIS NOTICE. ATTENTION! NOTICE OF HEARING A HEARING, to determine whether or not a nuisance exists upon your property will be held on the following date: IQ I 13 I H at the Calaveras County Government Center located at 891 Mountain Ranch Road, San Andreas, CA See reverse for additional information. A staff report concerning your violation will be available for your viewing at least five days before your hearing date at ATTENTION! CITATION AND ADMINISTRATIVE FINE DAILY ADMINISTRATIVE PENALTIES OF $1, PER DAY WILL BEGIN ACCRUING ELEVEN CALENDAR DAYS AFTER SERVICE OF THIS NOTICE PURSUANT TO CALAVERAS COUNTY CODE ADMINISTRATIVE PENALTIES WILL CONTINUE TO ACCRUE UNTIL THE UNLAWFUL CANNABIS ACTIVITY IS ABATED AND THE ABATEMENT IS VERIFIED BY THE ENFORCING OFFICER. **NOTE: ADMINISTRATIVE FINES WILL CONTINUE TO ACCRUE THROUGH THE HEARING AND APPEAL PROCESS UNTIL ABA TEMENT HAS BEEN CONFIRMED * * *!SEE REVERSE FOR IMPORTANT ADDITIONAL NOTIFICATION INFORMATION! * MC-001 Notice of Violation, Administrative Citation and Order to Abate, and Notice of Hearing

11 NOTICE IS FURTHER GIVEN: Caiaveras County Code provides for the issuance of administrative citations, orders for abatement, the assessment of fines, and for the automatic scheduling of appeal hearings for Cannabis Cultivation related violations. Each day any violation exists after the deadline given in your Notice of Violation, Administrative Citation and Order To Abate, and Notice of Hearing is a separate offense, and will carry an independent fine. If you fail to correct the violation(s) noted on the front side of this notice and citation within the time specified, fines may be imposed in the amount of $1,000 (one thousand dollars) per day while the violation exists on the premises { {A)). The County will also seek an abatement order. If the County is forced to incur abatement costs, It will result In the placement of a lien on your property for payment prior to the next property tax billing cycle. Consequences of Failure to Correct Violation(s): Under Caiaveras County Code , fines of $1,000 per day "shall be assessed immediately upon the expiration of the deadline specified in the notice of violation and shall continue to accrue daily until the violation has been fully abated and verified by the Enforcing Officer." Abatement by Enforcing Officers: If you do not abate the unlawful cannabis cultivation site, the enforcing officer will seek an order for abatement at the scheduled hearing and will abate the nuisance as soon as possible after issuance of the Hearing Officer's order, if the County is required to abate the nuisance, a lien may be recorded against the subject property for the recovery of the actual and administrative costs of the abatement. Right of Appeal/Administrative Hearing: You have been assigned an appeal hearing date pursuant to County Code 8.06,700. The date and time of that hearing is listed on the first page of this Notice. The hearing is subject to informal procedures. You may exercise your right to an appeal by attending that hearing and presenting and eliciting testimony and/or other evidence that; (i) There is good cause why the unlawful cannabis cultivation site should not be abated. (ii) The administrative fines accruing against you should not be imposed. (iii) That the unlawful cannabis cultivation activity on site has been abated. If you fail to appear at the hearing, the Hearing Officer may base his or her decision solely upon the evidence submitted by the Building Official or his/her designee. FAILURE TO APPEAR AND PRESENT EVIDENCE AT THE HEARING SHALL CONSTITUTE A FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES. If you wish to provide any written material or documentary evidence to support your case you may deliver such materials to the Clerk of the County Hearing Officer in the County Office of Administration prior to your hearing date or present them at the hearing itself. Final Administrative Orders may be appealed pursuant to California Code of Civil Procedure , , or Government Code (b). You should consult with an attorney to learn more. How to Pay Fines and Administrative Costs: The amount of the fine imposed will depend upon how soon you respond to the abatement order. Your fines will continue to accrue until such time as you have provided adequate evidence of abatement to the Code Enforcement Officer handling your case. If you eradicate your plants or reduce the canopy to the size allowed under your application for registration and provide evidence of having done so to the satisfaction of Code Enforcement within 10 days of receiving this notice and order, then you will not owe any fines, if fines are assessed by the Hearing Officer, payment may be made in person or by mall to Caiaveras County, Code Compliance Unit, 891 Mountain Ranch Rd., San Andreas, CA Payment may be made by cash, personal check, cashier's check or money order. Make your check payable to Caiaveras County, attach a copy of this citation, and please write the applicable APN number in the memo line of your check or money order. Do not mall cash. Consequences of Failure to Pay; The County has the authority to coliect all fines accrued, administrative costs associated with compliance, and actual costs of abatement. The failure to pay these fines and costs may result in the matter being referred to County Counsel to initiate a civil action against you. If you need further clarification, please call the Code Compliance Unit at (209) The cost of abatement and the cost of administration may be made a special assessment added to the County tax roll and become an abatement lien on the premises or be collected from the responsible parties on the County's unsecured tax roll. Date of Service of Notice Enforcing Officer MC-001

12 Calaveras County Code Compliance Phone (209) Fax (209) Mountain Ranch Road, San Andreas, CA Website: YOU MUST PROVIDE SATISFACTORY PROOF OF ABATEMENT When a Code Enforcement officer makes a finding that unlawful cannabis cultivation is occurring on the property that you own or occupy, the BURDEN IS QiN YOU to ensure that the officer handling your case is provided with SATISFACTORY EVIDENCE of abatement. You have been provided with a Notice of Violation, Administrative Citation and Order to Abate, and Notice of Hearing ("Notice") and have been provided with a deadline by which you MUST eradicate all unlawfully cultivated cannabis on your property or reduce the canopy size, as applicable. Pursuant to , fines in the amount of $1,000 per day SHALL be assessed 10 days after the citation has issued and shall continue to accrue daily until abatement has been VERIFIED BY THE ENFORCING OFFICER. If you provide satisfactory photographic evidence of abatement, complete the attached Declaration of Abatement, and sign the Consent to On-Site Inspection, the Enforcement Officer handling this case MAY be able to verify that abatement has occurred. If the abatement is verified, then fines would cease to accrue. You may submit photos via to your code enforcement officer that depict the plants actually cut down or uprooted. If you are unable to send photos via you must contact code enforcement in order to establish a means by which adequate evidence of abatement may be provided to the officer handling your case. INADEOUA TE EVIDENCE OF ABATEMENT: Close-up pictures that show only portions of the cultivation site to the exclusion of other areas WILL NOT be deemed adequate evidence of abatement. Photos that show only that pots have been removed without depicting destroyed plants WILL NOT be deemed adequate evidence of abatement. Adequate evidence of abatement must convince your Enforcement Officer that there has been a total eradication of all unlawful cultivation or adequate reduction in canopy size. When providing photographic evidence, take numerous photos from several vantage points and capture images that encompass as much of your grow area as possible. For example, numerous photographs of the entire site together with pictures of plants cut down or uprooted in their pots. It is always better to provide more evidence than seems necessary to avoid continuing accrual of additional fines. It is INCUMBANT UPON YOU to stay in contact with your Code Enforcement Officer until such time as the Officer has confirmed to his or her satisfaction that all violations of Chapter of the County Code have been remedied and that your cultivation site is fully eradicated or the canopy size has been reduced, as applicable. NOTICE! FiNES WILL CONTINUE TO ACCRUE UNTIL YOUR CODE ENFORCEMENT OFFICER ISSATISFIED TEATILLEGAL CVLTIVATIONHAS CEASED. It is YOUR RESPONSIBILITY to make sure that the Code Compliance department is satisfied that total abatement of your unlawful cannabis cultivation site has occurred. If you falsify evidence of abatement and it is later discovered, fines will be assessed from the deadline of your Order to Abate until the date at which the County abates your property for you at your own expense. APN:053-/y)f5'<)57 Date Served: ^'2^" II Initials: MC-002 Notice of Burden of Proof and Adequate Evidence Of Abatement Information and Declaration of Abatement

13 DECLARATION OF VOLUNTARY ABATEMENT OF UNLAWFUL CANNABIS CULTIVATION SITE 1. I, DECLARE AS FOLLOWS, [YOUR NAME] 2. I AM THE [check whichever applies] OWNER OCCUPANT OF THE PROPERTY COMMONLY KNOWN AS : ADDRESS: APN: 3. I HAVE DIRECT KNOWLEDGE OF THE FACT THAT ALL UNLAWFUL CANNABIS CULTIVATION THAT HAS OCCURRED ON THE ABOVE DESCRIBED SITE HAS CEASED AND THAT ALL PLANTS WHICH WERE FORMERLY LOCATED AT THE SITE HAVE BEEN DESTROYED. 4. THE PHOTOGRAPHS SUBMITTED TO CODE ENFORCEMENT ARE TRUE AND CORRECT REPRESENTATIONS OF THE CURRENT CONDITIONS ON THE ABOVE DESCRIBED PROPERTY. 5. I UNDERSTAND AND AGREE THAT IF IT IS LATER DISCOVERED THAT UNLAWFUL CANNABIS ACTIVITY HAS CONTINUED ON THE SITE THAT FINES WILL BE DEEMED TO HAVE ACCRUED FROM THE DEADLINE DATE ON THE NOTICE OF VIOLATION, ADMINIATRATIVE CITATION AND ORDER TO ABATE, AND NOTICE OF HEARING UNTIL COMPLETE ABATEMENT ON THE PARCEL HAS BEEN VERIFIED BY THE ENFORCING OFFICER. 6. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. DATED NAME THIS FORM MUST BE ACCOMPANIED BY NOTARY ACKNOWLEDGMENT UNLESS PERSONALY SERVED UPON THE CODE ENFORCEMENT DEPARTMENT AND SIGNED IN THE PRESENENCE OF A CODE ENFORCEMENT OFFICER. FOR STAFF USE ONLY On I I the above identified signatory, presented this form with a valid, government issued ID card. I have confirmed that the signatory is the owner or co-owner of the subject parcel. PRINTED STAFF NAME MEMBER SIGNED MC-002 Notice of Burden of Proof and Adequate Evidence Of Abatement Information and Declaration of Abatement Page 2 of 3

14 CONSENT TO ON-SITE INSPECTION BY ENFORCEMENT OFFICERS THIS IS NOT A CONSENT TO THE SEARCH OF THE INTERIOR OF YOUR HOME. THE SCOPE OF YOUR CONSENT EXTENDS ONLY TO WHAT IS NECESSARY TO DETERMINE WHETHER UNLAWFUL CANNABIS CULTIVATION IS CONTINUING TO OCCUR ON THE SUBJECT PARCEL 1. By signing this consent form, the owner(s) and occupant(s) consent to compliance inspections by Code Enforcement Officers, the Agricultural Commissioner, the Calaveras County SherilTs Department, and/or Environmental Health inspectors. 2. This consent will allow Enforcement Officials to enter upon and pass through the subject parcel in order to inspect the unlawful cultivation area and, if deemed necessary by the Enforcement Official, areas of the property adjacent to the cultivation area, for the purpose of verifying that unlawful cannabis activity has been fully abated and to ensure that unlawful cannabis cultivation has not been resumed. 3. Such inspection may occur with or without prior notice, during business hours, excluding holidays. This consent shall expire automatically expire 120 days fi*om the date it is executed. I have read and understand the foregoing and agree to the terms as stated, Date Owner Date Owner I have read and understand the foregoing and agree to the terms as stated. Date Occupant THIS FORM MUST BE ACCOMPANIED BY NOTARY ACKNOWLEDGMENT UNLESS PERSONALY SERVED UPON THE CODE ENFORCEMENT DEPARTMENT AND PRESENTED WITH VALID IDENTIFICATION. FOR STAF USE ONLY On I / the above identified signatory or signatories, presented this form with a valid, government issued ID card. I have confirmed the identity of owner(s) through MEGABYTE. PRINTED STAFF NAME MEMBER SIGNED MC-002 Notice of Burden of Proof and Adequate Evidence Of Abatement Information and Declaration of Abatement Page 3 of 3

15 Calaveras County Code Compliance Phone (209) Fax (209) Mountain Ranch Road, San Andreas, CA Website: A staff report and proposed orders will be available for your review at the following web address: htti:):// You can also navigate to the Code Compliance Website at and clicking on the link When are Cannabis Hearings?. MAKING YOUR CASE YOU MAY PRESENT PHOTOS, OR DOCUMENARY, EVIDENCE, ORAL OR WRITTEN ARGUMENTS FOR THE HEARING OFFICER'S REVIEW BEFORE THE DAY OF YOUR HEARING. IF YOU WISH TO PROVIDE AN APPEAL LETTER, BRIEF, OR ANY OTHER EVIDENCE TO THE HEARING OFFICER BEFORE YOUR HEARING, YOU CAN DELIVER IT TO THE COUNTY'S ADMININSRATIVE OFFICE, OR IT TO THE CLERK OF THE ADMINISTRATIVE HEARING OFFICER AT hearingofficer@co.calaveras.ca.us. TO ENSURE THAT THE HEARING OFFICER HAS AN OPPORTUNITY TO REVIEW YOUR SUBMISSIONS, WE ASK THAT ANY DOCUMENTARY EVIDENCE, PHOTOGRAPHS, WRITTEN STATEMENTS, OR OTHER MATERIALS BE PROVIDED TO THE CLERK OF THE ADMINISTRATIVE HEARING OFFICER AT LEAST 5 DAYS BEFORE YOUR SCHEDULED HEARING. IF YOU WISH TO HAVE YOUR SUBMITTED DOCUMENTS OR EVIDENCE POSTED ON THE ONLINE DOCKET OR WOULD LIKE IT TO BE AVAILABLE FOR A POWER POINT PRESENTATION AT YOUR HEARING, THEN IT MUST BE PROVIDED FIVE DAYS BEFORE THE HEARING. PLEASE PROVIDE DOCUMENTARY EVIDENCE, LETTERS, OR BRIEFS TO THE CLERK OF THE ADMINISTRATIVE HEARING OFFICER AT LEAST B DAYS BEFORE YOUR SCHEDULED HEARING, PROOF OF ABATEMENT PROOF OF ABATEMENT AND DELCARATION OF ABATEMENT SHOULD ALSO BE PROVIDED TO THE CODE COMPLIANCE DEPARTMENT. COMPLETELY FILL OUT THE MC-002 FORMS THAT HAVE BEEN PROVIDED TO YOU AND ATTACH PHOTOS. PLEASE CONTACT YOUR CODE ENFORCEMENT OFFICER BY CALLING (209) TO MAKE ARRANGEMENT FOR THE PERSONAL OR ELECTRONIC SERVICE OF EVIDENCE OF ABATEMENT. YOU MAY ALSO MAIL SUCH EVIDENCE TO THE CODE COMPLIANCE DEPARTMENT AT 891 MOUNTAIN RANCH ROAD, SAN ANDREAS CA, MC-002i

16