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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 632Introduced by Assembly Member HartFebruary 13, 2025 An act to amend Section 53069.4 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 632, as introduced, Hart. Local ordinances: administrative fines or penalties.Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties, as specified.This bill would, for specified administrative fines or penalties, authorize a local agency to file a certified copy of a final administrative order or decision that directs payment of the administrative fine or penalty with the clerk of the superior court of any county, as specified, and require the clerk to enter judgment immediately in conformity with the decision or order. The bill would also authorize a local agency to, by ordinance, establish a procedure to collect administrative fines or penalties by lien upon the parcel of land on which the violation occurred if the ordinance requires service of a specified notice. The bill would specify that the remedies or penalties provided by these provisions are cumulative of the remedies or penalty available under any other law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section.(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (D) Any law, regulation, or local ordinance relating to fire hazards.(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties.(ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien.(B) Notices under this section may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section or an ordinance adopted hereunder.(C) Notices under this paragraph shall be served or mailed to both of the following:(i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current.(ii) The owner of an encumbrance of record on the property.(2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law.(3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien.(g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 632Introduced by Assembly Member HartFebruary 13, 2025 An act to amend Section 53069.4 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 632, as introduced, Hart. Local ordinances: administrative fines or penalties.Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties, as specified.This bill would, for specified administrative fines or penalties, authorize a local agency to file a certified copy of a final administrative order or decision that directs payment of the administrative fine or penalty with the clerk of the superior court of any county, as specified, and require the clerk to enter judgment immediately in conformity with the decision or order. The bill would also authorize a local agency to, by ordinance, establish a procedure to collect administrative fines or penalties by lien upon the parcel of land on which the violation occurred if the ordinance requires service of a specified notice. The bill would specify that the remedies or penalties provided by these provisions are cumulative of the remedies or penalty available under any other law.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Assembly April 21, 2025 | |
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| 7 | - | Amended IN Assembly April 21, 2025 | |
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| 9 | 7 | ||
| 10 | 8 | ||
| 11 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 12 | 10 | ||
| 13 | 11 | Assembly Bill | |
| 14 | 12 | ||
| 15 | 13 | No. 632 | |
| 16 | 14 | ||
| 17 | 15 | Introduced by Assembly Member HartFebruary 13, 2025 | |
| 18 | 16 | ||
| 19 | 17 | Introduced by Assembly Member Hart | |
| 20 | 18 | February 13, 2025 | |
| 21 | 19 | ||
| 22 | - | ||
| 23 | - | ||
| 24 | 20 | An act to amend Section 53069.4 of the Government Code, relating to local government. | |
| 25 | 21 | ||
| 26 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 23 | ||
| 28 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 25 | ||
| 30 | - | AB 632, as | |
| 26 | + | AB 632, as introduced, Hart. Local ordinances: administrative fines or penalties. | |
| 31 | 27 | ||
| 32 | 28 | Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties, as specified.This bill would, for specified administrative fines or penalties, authorize a local agency to file a certified copy of a final administrative order or decision that directs payment of the administrative fine or penalty with the clerk of the superior court of any county, as specified, and require the clerk to enter judgment immediately in conformity with the decision or order. The bill would also authorize a local agency to, by ordinance, establish a procedure to collect administrative fines or penalties by lien upon the parcel of land on which the violation occurred if the ordinance requires service of a specified notice. The bill would specify that the remedies or penalties provided by these provisions are cumulative of the remedies or penalty available under any other law. | |
| 33 | 29 | ||
| 34 | 30 | Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties, as specified. | |
| 35 | 31 | ||
| 36 | 32 | This bill would, for specified administrative fines or penalties, authorize a local agency to file a certified copy of a final administrative order or decision that directs payment of the administrative fine or penalty with the clerk of the superior court of any county, as specified, and require the clerk to enter judgment immediately in conformity with the decision or order. The bill would also authorize a local agency to, by ordinance, establish a procedure to collect administrative fines or penalties by lien upon the parcel of land on which the violation occurred if the ordinance requires service of a specified notice. The bill would specify that the remedies or penalties provided by these provisions are cumulative of the remedies or penalty available under any other law. | |
| 37 | 33 | ||
| 38 | 34 | ## Digest Key | |
| 39 | 35 | ||
| 40 | 36 | ## Bill Text | |
| 41 | 37 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section.(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (D) Any law, regulation, or local ordinance relating to fire hazards.(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties.(ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien.(B) Notices under this section may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section or an ordinance adopted hereunder.(C) Notices under this paragraph shall be served or mailed to both of the following:(i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current.(ii) The owner of an encumbrance of record on the property.(2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law.(3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien.(g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. | |
| 43 | 39 | ||
| 44 | 40 | The people of the State of California do enact as follows: | |
| 45 | 41 | ||
| 46 | 42 | ## The people of the State of California do enact as follows: | |
| 47 | 43 | ||
| 48 | - | SECTION 1. Section 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section. | |
| 44 | + | SECTION 1. Section 53069.4 of the Government Code is amended to read:53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section.(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (D) Any law, regulation, or local ordinance relating to fire hazards.(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties.(ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien.(B) Notices under this section may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section or an ordinance adopted hereunder.(C) Notices under this paragraph shall be served or mailed to both of the following:(i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current.(ii) The owner of an encumbrance of record on the property.(2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law.(3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien.(g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. | |
| 49 | 45 | ||
| 50 | 46 | SECTION 1. Section 53069.4 of the Government Code is amended to read: | |
| 51 | 47 | ||
| 52 | 48 | ### SECTION 1. | |
| 53 | 49 | ||
| 54 | - | 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section. | |
| 50 | + | 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section.(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (D) Any law, regulation, or local ordinance relating to fire hazards.(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties.(ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien.(B) Notices under this section may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section or an ordinance adopted hereunder.(C) Notices under this paragraph shall be served or mailed to both of the following:(i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current.(ii) The owner of an encumbrance of record on the property.(2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law.(3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien.(g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. | |
| 55 | 51 | ||
| 56 | - | 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section. | |
| 52 | + | 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section.(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (D) Any law, regulation, or local ordinance relating to fire hazards.(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties.(ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien.(B) Notices under this section may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section or an ordinance adopted hereunder.(C) Notices under this paragraph shall be served or mailed to both of the following:(i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current.(ii) The owner of an encumbrance of record on the property.(2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law.(3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien.(g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. | |
| 57 | 53 | ||
| 58 | - | 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section. subdivision.(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation regulation, or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (D) Any law, regulation, or local ordinance relating to fire hazards.(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties.(ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien.(B) Notices under this section paragraph may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section paragraph or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section paragraph or an ordinance adopted hereunder.(C) Notices under this paragraph shall be served or mailed to both of the following:(i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current.(ii) The owner of an encumbrance of record on the property.(2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law.(3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien.(g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. | |
| 54 | + | 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.(2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety.(B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code.(C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties.(D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A).(E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true:(i) A tenant is in possession of the property that is the subject of the administrative action.(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.(iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.(F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law.(b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.(c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.(d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.(e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section.(2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following:(A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code.(B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part.(C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. (D) Any law, regulation, or local ordinance relating to fire hazards.(f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties.(ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien.(B) Notices under this section may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section or an ordinance adopted hereunder.(C) Notices under this paragraph shall be served or mailed to both of the following:(i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current.(ii) The owner of an encumbrance of record on the property.(2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law.(3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien.(g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. | |
| 55 | + | ||
| 56 | + | ||
| 59 | 57 | ||
| 60 | 58 | 53069.4. (a) (1) The legislative body of a local agency, as the term local agency is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900. | |
| 61 | - | ||
| 62 | - | ###### 53069.4. | |
| 63 | 59 | ||
| 64 | 60 | (2) (A) The administrative procedures set forth by ordinance adopted by the local agency pursuant to this subdivision shall provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. | |
| 65 | 61 | ||
| 66 | 62 | (B) Notwithstanding subparagraph (A), the ordinance adopted by the local agency pursuant to this subdivision may declare commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code to be a public nuisance and provide for the immediate imposition of administrative fines or penalties for the violation of local zoning restrictions or building, plumbing, electrical, or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. This subparagraph shall not be construed to apply to cannabis cultivation or activity that is lawfully undertaken pursuant to Section 11362.1 or 11362.5 of the Health and Safety Code, to commercial cannabis activity undertaken pursuant to a license under Division 10 (commencing with Section 26000) of the Business and Professions Code and applicable state regulations, or to a person exempt from licensure pursuant to Section 26033 of the Business and Professions Code. | |
| 67 | 63 | ||
| 68 | 64 | (C) If a local agency adopts an ordinance that provides for the immediate imposition of administrative fines or penalties as allowed in subparagraph (B), that ordinance may impose the administrative fines and penalties upon the property owner and upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and may hold them jointly and severally liable for the administrative fines and penalties. | |
| 69 | 65 | ||
| 70 | 66 | (D) Administrative fines or penalties that are immediately imposed pursuant to an ordinance adopted under subparagraph (B) shall not exceed one thousand dollars ($1,000) per violation and shall not exceed ten thousand dollars ($10,000) per day. This subparagraph shall not be construed to limit the immediate imposition of larger fines that are otherwise authorized by applicable law and shall not be construed to limit administrative fines or penalties that are imposed after notice and a reasonable time to correct pursuant to subparagraph (A). | |
| 71 | 67 | ||
| 72 | 68 | (E) An ordinance adopted pursuant to subparagraph (B) shall provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties as required in subparagraph (A) if all of the following are true: | |
| 73 | 69 | ||
| 74 | 70 | (i) A tenant is in possession of the property that is the subject of the administrative action. | |
| 75 | 71 | ||
| 76 | 72 | (ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity. | |
| 77 | 73 | ||
| 78 | 74 | (iii) The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity for which a license was required and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity. | |
| 79 | 75 | ||
| 80 | 76 | (F) A local agency that passes an ordinance pursuant to subparagraph (B) may refer cases involving unlicensed commercial cannabis activity to the Attorney General to undertake civil enforcement action pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of, or Section 26038 of, the Business and Professions Code or any other applicable law. | |
| 81 | 77 | ||
| 82 | 78 | (b) (1) Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agencys file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant. | |
| 83 | 79 | ||
| 84 | 80 | (2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agencys file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court. | |
| 85 | 81 | ||
| 86 | 82 | (3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. | |
| 87 | 83 | ||
| 88 | 84 | (c) If no notice of appeal of the local agencys final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed. | |
| 89 | 85 | ||
| 90 | 86 | (d) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance. | |
| 91 | 87 | ||
| 92 | - | (e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section. | |
| 88 | + | (e) (1) For an administrative fine or penalty described in paragraph (2), after the exhaustion of the administrative and review procedures provided in this section, the local agency may file a certified copy of a final administrative order or decision of the local agency that directs the payment of an administrative fine or penalty and, if applicable, a copy of an order of the superior court rendered on an appeal from the local agencys decision or denying a petition for a writ of administrative mandate with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. A fee shall not be charged by the clerk of the superior court for the performance of an official service required in connection with the entry of judgment pursuant to this section. | |
| 93 | 89 | ||
| 94 | 90 | (2) This subdivision shall only apply to an administrative fine or penalty that is imposed for a violation of any of the following: | |
| 95 | 91 | ||
| 96 | 92 | (A) Any law, regulation, or local ordinance regulating or prohibiting the cultivating, manufacturing, producing, processing, preparing, storing, providing, donating, selling, delivering, or distributing of cannabis or cannabis products, including, but not limited to, an ordinance adopted pursuant to Section 26200 of the Business and Professions Code. | |
| 97 | 93 | ||
| 98 | 94 | (B) The State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code) and regulations or ordinances adopted pursuant to that part. | |
| 99 | 95 | ||
| 100 | - | (C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation | |
| 96 | + | (C) Any law, regulation, or local ordinance that ensures the habitability of rental housing, including, but not limited to, any law, regulation or local ordinance that would also be a violation of Section 1941.1 of the Civil Code. | |
| 101 | 97 | ||
| 102 | 98 | (D) Any law, regulation, or local ordinance relating to fire hazards. | |
| 103 | 99 | ||
| 104 | 100 | (f) The local agency may, by ordinance, establish a procedure to collect administrative fines or penalties imposed pursuant to this section by lien upon the parcel of land on which the violation occurred. | |
| 105 | 101 | ||
| 106 | 102 | (1) (A) The ordinance shall require service of both of the following upon the parties set forth in subparagraph (C): | |
| 107 | 103 | ||
| 108 | 104 | (i) The initial notice of violation or other charging document commencing the administrative procedures for imposition of administrative fines or penalties. | |
| 109 | 105 | ||
| 110 | 106 | (ii) A notice of lien, which shall be served or mailed after the exhaustion of the administrative and review procedures provided in this section and before the recordation of the lien. | |
| 111 | 107 | ||
| 112 | - | (B) Notices under this section | |
| 108 | + | (B) Notices under this section may be served by first-class mail or personal service. In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to each party set forth in subparagraph (C). Service by mail is complete at the time of the deposit in the mail facility, and any period of notice set forth in this section or an ordinance adopted hereunder, and any right or duty to do any act or make any response within any period after service, shall not be extended by reason of service by mail. Section 1013 of the Code of Civil Procedure does not apply to extend the time for giving any notice or performing any act under this section or an ordinance adopted hereunder. | |
| 113 | 109 | ||
| 114 | 110 | (C) Notices under this paragraph shall be served or mailed to both of the following: | |
| 115 | 111 | ||
| 116 | 112 | (i) The owner of record of the parcel of land on which the violation occurred, based on the last equalized assessment roll or the supplemental roll, whichever is more current. | |
| 117 | 113 | ||
| 118 | 114 | (ii) The owner of an encumbrance of record on the property. | |
| 119 | 115 | ||
| 120 | 116 | (2) The parties set forth in subparagraph (C) of paragraph (1) shall be entitled to seek administrative review of the administrative fines or penalties in accordance with the procedures set forth in the ordinance and to contest a final administrative order or decision under this section in accordance with applicable law. | |
| 121 | 117 | ||
| 122 | 118 | (3) Once a copy of the notice of lien, as described in paragraph (1), is recorded in the county recorders office, the lien shall have the same force, effect, and priority as a judgment lien. | |
| 123 | 119 | ||
| 124 | 120 | (g) The remedies or penalties provided by this section are cumulative of the remedies or penalties available under other law. |