14-B TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Natalie C. Karpeles, Deputy City Attorney Consideration and possible action to waive further reading and adopt Ordinance No. 1367 - An Ordinance amending Bellflower Municipal Code Section 1.12.040 to authorize the immediate imposition of administrative fines for the violation of building, plumbing, electrical or other similar structural, health, safety or zoning regulations, where these violations exist as a result of, or to facilitate, unauthorized cannabis cultivation. DATE: November 13, 2018 EXECUTIVE SUMMARY Ordinance No. 1367 was introduced on October 22, 2018. Second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days and will allow the City to immediately impose administrative fines or penalties for the violation of building, plumbing, electrical or other similar structural, health, safety or zoning regulations, where these violations exist as a result of, or to facilitate, the illegal cultivation of cannabis. RECOMMENDATION TO CITY COUNCIL 1) Waive further reading and adopt Ordinance No. 1367; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT None ATTACHMENTS Ordinance No. 1367... 2 October 22, 2018, Staff Report (Without Attachments)... 5-1-
CITY OF BELLFLOWER ORDINANCE NO. 1367 AN ORDINANCE AMENDING BELLFLOWER MUNICIPAL CODE CHAPTER 1.12 AUTHORIZING THE IMMEDIATE IMPOSITION OF ADMINSTRATIVE FINES FOR VIOLATING BUILDING, PLUMBING, ELECTRICAL OR OTHER SIMILAR STRUCTURAL, HEALTH, SAFETY OR ZONING REGULATIONS, WHERE THESE VIOLATIONS EXIST AS A RESULT OF, OR TO FACILITATE, UNAUTHORIZED CANNABIS CULTIVATION PURSUANT TO GOVERNMENT CODE 53069.4 THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines as follows: A. While the Bellflower Municipal Code ( BMC ) allows the City to issue medical cannabis business permits ( MCBP ), persons seeking to avoid paying applicable taxes and obtaining required MCBPs frequently seek to operate commercial cannabis enterprises. As a means of avoiding detection, illegal cannabis cultivation operations often take place in homes, strip malls and warehouses and almost always include unlawful diverting or tampering with electricity and/or water; and the creation of health and safety hazards (such as risk of fire, unpermitted construction/alterations, inadequate ventilation, and facilitation of mold growth). B. Government Code 53069.4 authorizes the City Council to make, by ordinance, any violation of the BMC subject to an administrative fine or penalty subject to specified administrative procedures. These administrative procedures generally require that the City provide a reasonable time to remedy a violation before the fines can be imposed; especially where the violation pertains to building, plumbing, electrical or other similar issues. Assembly Bill 2164 (passed on September 10, 2018) allows the City to enact an ordinance providing for the immediate imposition of administrative fines or penalties for violations of building, plumbing, electrical or other similar structural, health, safety or zoning regulations, where these violations exist as a result of, or to facilitate, the illegal cultivation of cannabis. C. The City Council wishes to enact this ordinance providing for the immediate imposition of administrative fines or penalties for the violation of building, plumbing, electrical or other similar structural, health, safety or zoning regulations, where these violations exist as a result of, or to facilitate, the illegal cultivation of cannabis. D. Changes to the BMC implemented by this Ordinance are necessary to directly address violations of building, plumbing, electrical or other similar structural, health, safety and zoning requirements where these violations exist as a result of, or to facilitate, the illegal cultivation of cannabis. Page 1 of 3-2-
City of Bellflower Ordinance No. 1367 Page 2 of 3 SECTION 2. The definition of Hearing Officer located in BMC 1.12.030 is hereby amended to read as follows: Hearing officer shall include a private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints means the City Manager, or his or her designee appointed to consider all timely requests for an administrative hearing upon issuance of a citation. SECTION 3. BMC 1.12.040(B) is amended to read as follows: B. A citation may be issued when a When the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues regulation is violated in a manner that creates an immediate danger to health or safety, a citation may be issued forthwith. Unless there is In the absence of an immediate danger, citations for violating a citation for a violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues shall regulations may not be issued pursuant to this chapter, unless the responsible person has first been provided with a reasonable period, as determined by the Officer, in which to complete the abatement or compliance actions. Notwithstanding the foregoing, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning regulations as a result of, or to facilitate, the cultivation of cannabis proscribed by Chapter 14.12 of this Code, a citation may be immediately issued, unless all of the following are true: (1) A tenant is in possession of the property; (2) the property owner provides evidence that the rental or lease agreement prohibits the cultivation of cannabis; and (3) the property owner could not have known of the illegal cannabis cultivation. SECTION 4. Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act ( CEQA ) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. SECTION 5. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes. SECTION 6. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. -3-
City of Bellflower Ordinance No. 1367 Page 3 of 3 SECTION 7. Limitations. The City Council s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 8. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. SECTION 10. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. Effective Date. This Ordinance will become effective on the 31 st day following its passage and adoption. ORDINANCE NO. 1367 HAD ITS FIRST READING ON OCTOBER 22, 2018, ITS SECOND READING ON NOVEMBER 13, 2018, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF NOVEMBER 13, 2018. ATTEST: Ray Dunton, Mayor Mayra Ochiqui, City Clerk APPROVED AS TO FORM: Karl H. Berger, City Attorney -4-
TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Natalie C. Karpeles, Deputy City Attorney Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1367 - An Ordinance amending Bellflower Municipal Code Chapter 1.12 authorizing the immediate imposition of administrative fines for violating building, plumbing, electrical or other similar structural, health, safety or zoning regulations, where these violations exist as a result of, or to facilitate, unauthorized cannabis cultivation pursuant to Government Code 53069.4. DATE: October 8, 2018 EXECUTIVE SUMMARY Government Code 53069.4 authorizes the City Council to make, by ordinance, any violation of the BMC subject to an administrative fine or penalty subject to specified administrative procedures. These administrative procedures generally require that the City provide a reasonable time to remedy a violation before the fines can be imposed; especially if there is a violation of building, plumbing, electrical or other, similar, regulations. Assembly Bill 2164 (passed on September 10, 2018) allows the City to enact an ordinance providing for the immediate imposition of administrative fines or penalties for the violation of building, plumbing, electrical or other similar structural, health, safety or zoning regulations, where these violations exist as a result of, or to facilitate, the illegal cultivation of cannabis. RECOMMENDATION TO CITY COUNCIL 1) Read by title only, waive further reading, and introduce Ordinance No. 1367; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT None Page 1 of 2-5-
Staff Report Ordinance amending Bellflower Municipal Code Chapter 1.12 October 22, 2018 Page 2 of 2 DISCUSSION While the Bellflower Municipal Code ( BMC ) allows the City to issue medical cannabis business permits ( MCBP ), persons seeking to avoid paying applicable taxes and obtaining required MCBPs frequently seek to illegally operate commercial cannabis enterprises. As a means of avoiding detection, illegal cannabis cultivation operations often take place in homes, strip malls and warehouses and almost always include unlawful diverting or tampering with electricity and/or water; and the creation of health and safety hazards (such as risk of fire, unpermitted construction/alterations, inadequate ventilation, and facilitation of mold growth). Government Code 53069.4 authorizes the City Council to make, by ordinance, any violation of the BMC subject to an administrative fine or penalty subject to specified administrative procedures. These administrative procedures generally require that the City provide a reasonable time to remedy a violation before the fines can be imposed; especially where the violation pertains to building, plumbing, electrical or other similar issues. Assembly Bill 2164 (passed on September 10, 2018) amends Government Code 53069.4 to allow the City to enact an ordinance providing for the immediate imposition of administrative fines or penalties for health and safety violations attributable to illegal cultivation of cannabis when all of the following are true: A tenant is in possession of the property that is the subject of the administrative action; The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; and The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation. Nothing in the proposed ordinance would affect any of the other available code enforcement options for closing unlicensed cannabis facilities ( UCFs ) including, without limitation, daily administrative fines that may be imposed pursuant to BMC Chapters 3.37 and 14.28. ATTACHMENT Ordinance No. 1367-6-