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Ord 2022-015 Cannabis Ordinance Updates
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Ord 2022-015 Cannabis Ordinance Updates
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11/22/2024 2:25:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
11/7/2022
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(c) Any violation of this Chapter shall constitute a separate offense for each day the <br />violation occurs or persists. <br />(d) Any person in violation of any provision of this Chapter or who causes another <br />person to be in violation of this Chapter shall have committed a misdemeanor. In addition, such <br />violation may be punishable by a fine of up to One Thousand Dollars ($1,000.00) for each <br />violation and for each day the applicable violation continues to persist., in addition to the <br />remedies for nuisance abatement provided in City of San Leandro Municipal Code Chanter 1-12 <br />section 1-12-140. <br />(e) Any person in violation of any provision of this Chapter may be subject to an <br />administrative fine of up to One Thousand Dollars ($1,000.00) per offense. <br />(f) These penalties and remedies are cumulative, and in addition to any other penalties <br />and remedies available to the City., in addition to the remedies for nuisance abatement provided <br />in City of San Leandro Municipal Code Chapter 1-12 section 1-12-140. <br />(g) Any person in violation of any provision of this Chapter shall be reported to the <br />State Bureau of Cannabis Control, or other applicable licensing authority as defined in Section <br />26000 of the Business and Professions Code." <br />C. The City Council hereby amends Chapter 1-12, Citation - Violations, Section 1- <br />12-140, Separate and Continuing Violations, to read as follows (with additions underlined an <br />deletions in strikethrough): <br />"1-12-140 SINGLE. SEPARATE AND CONTINUING VIOLATIONS. <br />A single offense shall be deemed committed if a single violation of this code occurs at <br />any unlicensed, unpermitted, unauthorized, or unapproved property. A single violation may <br />include issuance of a written order prohibiting future violations of this Code, establishing fines <br />for subseauent violations, and authorizing the City, or an agent or contractor of the City, to enter <br />onto the affected property and abate the condition that is the subject of said enforcement action. <br />and allowing recovery by the City of the costs of enforcement actions. A separate offense shall <br />be deemed committed each day a violation of this Code occurs or continues. Any condition of <br />real property that constitutes a violation of this Code, where the same, substantially similar, or <br />related violations have been the subject of two (2) or more enforcement actions within any <br />twelve (12) month period, is deemed to be a continuing violation. For the purposes of this <br />section, "enforcement action" shall mean any notice of violation, including a warning or courtesy <br />notice, hearing, citation, complaint or petition, or any administrative or judicial order under <br />authority of this Chapter or pursuant to any other legal authority. Any subsequent enforcement <br />action with respect to such continuing violation may include issuance of a written order <br />prohibiting future violations of this Code, establishing fines for subsequent violations, and <br />authorizing the City, or an agent or contractor of the City, to enter onto the affected property and <br />abate the condition that is the subject of said enforcement action, and allowing recovery by the <br />City of the costs of future enforcement actions. <br />ORDINANCE NO. 2022-015 4 <br />
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