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CA AB2164

Bill

Status

Passed

9/10/2018

Primary Sponsor

Ken Cooley

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Allows local agencies to impose immediate administrative fines or penalties for violations of building, plumbing, electrical, structural, health and safety, or zoning requirements related to illegal cannabis cultivation, without requiring a correction period.

  • Exception: Immediate fines do not apply if a tenant is cultivating cannabis illegally and the property owner/agent can prove the lease prohibits cultivation and they had no actual notice of the illegal activity.

  • In cases involving rental properties with tenants, property owners/agents must still be given a reasonable correction period if they can provide evidence of a lease prohibition on cannabis cultivation and demonstrate lack of knowledge about the illegal growing.

  • Establishes that persons contesting a local agency's final administrative order may appeal to superior court within 20 days and receive a de novo hearing, with the appeal filed as a limited civil case.

  • Specifies that if the court rules in favor of the appellant, the local agency must reimburse the appeal filing fee and refund any deposited fines or penalties; if the court rules against the appellant, the local agency may proceed with collection.

Legislative Description

Local ordinances: fines and penalties: cannabis.

Last Action

Chaptered by Secretary of State - Chapter 316, Statutes of 2018.

9/10/2018

Committee Referrals

Governance and Finance6/13/2018
Rules6/4/2018
Local Government3/22/2018

Full Bill Text

No bill text available