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CA AB2164
Bill
Status
9/10/2018
Primary Sponsor
Ken Cooley
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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