Butte County Board of Supervisors Agenda Transmittal

Transcription

1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: 4.05 Subject: Annual Report for 2016 Medical Marijuana Cultivation Regulation Code Enforcement Program Department: Development Services Meeting Date Requested: January 24, 2017 Contact: Tim Snellings Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). The Butte County Code Enforcement Division enforces Chapter 34A of the Butte County Code, Restriction on Cultivation of Medical Marijuana, supported by law enforcement officers from the Butte County Sheriff s Office and the District Attorney s Office. Enforcement provisions in calendar year 2016 changed in July after voters approved Measure H upholding amendments to Chapter 34A approved by the Board of Supervisors in January Code Enforcement Officers were enforcing one set of restrictions from March to July 2016, which focused on the use of citations to achieve compliance. Enforcement shifted to a new set of provisions in July focused on Nuisance Abatement Hearings and administrative penalties to achieve compliance. The Code Enforcement Division received 433 complaints of violations to the ordinance, issued 20 citations to growers from March to July 2016 when the process changed to utilizing Nuisance Abatement Hearings and administrative penalties to garner compliance. After July 2016, Code Enforcement Officers issued 60 medical marijuana Nuisance Abatement Hearing Notices. Of those 60 cases, 18 self-abated and the hearings were canceled. County Counsel prepared the remaining 42 cases for Nuisance Abatement Hearings. The hearings were held and the County prevailed in 41 of the cases. A total of 6,973 plants were removed through the Code Enforcement process; most of those were removed prior to Nuisance Abatement Hearings. The enforcement program had many successes throughout the year including gaining compliance in over 77% of the reported complaints. Fiscal Impact: Does not apply. Personnel Impact: Does not apply. Action Requested: Accept for information. Administrative Office Review: Casey Hatcher, Economic and Community Development Manager

2 Director Department of Development Services Tim Snellings, Director Pete Calarco, Assistant 7 County Center Drive T: Oroville, California F: buttecounty.net/dds MEMORANDUM TO: FROM: RE: Board of Supervisors Tim Snellings, Director Department of Development Services Annual Report for 2016 Medical Marijuana Cultivation Regulation Code Enforcement Program DATE: January 24, 2017 Recommendation Accept the Annual Report for 2016 Medical Marijuana Cultivation Regulation Code Enforcement Program for Information. Summary The Butte County Code Enforcement Division enforces Chapter 34A of the Butte County Code, Restriction on Cultivation of Medical Marijuana, supported by law enforcement officers from the Butte County Sheriff s Office and the District Attorney s Office. Enforcement provisions in calendar year 2016 changed in July after voters approved Measure H upholding amendments to Chapter 34A approved by the Board of Supervisors in January Code Enforcement Officers were enforcing one set of restrictions from March to July 2016, which focused on the use of citations to achieve compliance. Enforcement shifted to a new set of provisions in July focused on Nuisance Abatement Hearings and administrative penalties to achieve compliance. The Code Enforcement Division received 433 complaints of violations to the ordinance, issued 20 citations to growers from March to July 2016 when the process changed to utilizing Nuisance Abatement Hearings and administrative penalties to garner compliance. After July 2016, Code Enforcement Officers issued 60 medical marijuana Nuisance Abatement Hearing Notices. Of those 60 cases, 18 self-abated and the hearings were canceled. County Counsel prepared the remaining 42 cases for Nuisance Abatement Hearings. The hearings were held and the County prevailed in 41 of those cases. A total of 6,973 plants were removed through the Code Enforcement process; most of those were removed prior to Nuisance Abatement Hearings. The enforcement program had many successes throughout the year including gaining compliance in over 77% of the reported complaints.

3 Public Outreach The goal of the enforcement program was to garner compliance from those growing medical marijuana. Development Services conducted several public outreach activities in the beginning of This included helping people understand the facts about the current ordinance pending the outcome of election and the enforcement requirements in place until the election took place. The growing restrictions were listed on the Department s website and in brochures. Code Enforcement provided brochures to community groups and individuals interested in cultivation. Code Enforcement personnel also staffed a booth at the Butte County Fair with information related to the 2016 growing season. Program Implementation The enforcement program was implemented by Code Enforcement using a complaint-driven response model with neighborhood generated complaints taking priority. In March 2016, Development Services hired three Extra Help Code Enforcement Officers to respond to complaints of violations to the ordinance. Each Code Enforcement Officer underwent a week long refresher training course on the ordinance and the enforcement procedures. Description Total # of MMJ Complaints 1, Total # of Cases Closed Citations Nuisance Abatement Hearings Complaints: Following discussion by the Board of Supervisors expressing interest in focusing on neighborhood-oriented complaints, Development Services prioritized those types of cases. That general message was part of various outreach efforts. Code Enforcement cases dropped to 433 complaints versus 1,498 in Code Enforcement also implemented a case priority numbering system, one through five, based on the severity of the complaint. Of the 433 medical marijuana cases opened in 2016, 337 of those cases (77%) were closed because they were either found to be compliant with the ordinance or became compliant after an investigation. Growers predominantly became compliant by removing plants growing outside the area allowable by the ordinance. With the reduction in medical marijuana violations, other types of code violations were identified by Code Enforcement Officers while investigating medical marijuana complaints. Citations: Before July 2016, Code Enforcement Officers issued 20 citations for growers in violation of the ordinance. Citations issued to growers totaled $10,000. The outstanding citations were used in conjunction with the Chapter 34A hearing process. After July the citation process was discontinued and previously issued citations were only used for probable cause in a Nuisance Abatement hearing. Nuisance Abatement Hearings: Since July 2016, Code Enforcement issued 60 medical marijuana Nuisance Abatement Hearing Notices. Of those 60 cases noticed, 18 self-abated and the hearings were canceled. County Counsel prepared the remaining 42 cases for Nuisance Abatement Hearings, and the County prevailed in 41 of those cases. The total Administrative Penalty awarded to date is $1,461,050. Those outstanding penalties are in various stages of collection. Page 2 of 4

4 County Department Coordination: Enforcement of the ordinance required participation and coordination from many County Departments including County Administration, County Counsel, the District Attorney s Office, Public Health, Public Works, Environmental Health, Sheriff and California Department of Fish and Wildlife. Each department provided support to Code Enforcement during implementation of the enforcement program. Butte County Sheriff s Deputies and District Attorney Investigators provided protection for Code Enforcement Officers in the field. Code Enforcement also utilized the BCSO helicopter to perform 8 medical marijuana flight inspections totaling 28 hours. Helicopter use was on existing cases where staff was not able to verify the complaint from the ground. Code Enforcement Officers inspected a total of 145 parcels from the air. Other Activities Associated with Site Inspections Total number of arrests in relation to an MM parcel visit by BCSO/District Attorney's 4 Office. Total number of butane honey oil labs discovered while conducting parcel 4 inspections. 1 Total number of stolen vehicles recovered 2 Total number of Abatement Warrants Issued 2016 Key Hurdles The following hurdles were identified during enforcement of the County s ordinance restricting cultivation of medical marijuana. The enforcement of the ordinance was changed in July 2015 by a vote of the people. Enforcement actions and procedures had to be changed to coordinate with the new ordinance Early in the growing season the abatement process was lengthened due to the requirement for separate citation and Nuisance Abatement notices. BCSO provided security for Code Enforcement Officers during inspections and a helicopter for aerial inspections, but availability was limited due to public safety priorities throughout the County. With a relatively new program, staff continued to identify improvements in the Nuisance Abatement process. Communication and cooperation with parcel owner/grower legal counsel became very difficult Key Successes The following accomplishments occurred during the second year implementing the ordinance restricting cultivation of medical marijuana in Butte County. The enforcement efforts by Code Enforcement staff led to the destruction of 6,973 marijuana plants that were not compliant with Chapter 34A. The abatement warrant process was shortened after July due to the removal of the requirement for separate Citation and Nuisance Abatement notices. Page 3 of 4

5 There was excellent inter-departmental coordination to prioritize resources and implement the program, including the provision of security for Code Enforcement field staff by Sheriff s Deputies and California Department of Fish and Wildlife Wardens County staff held four community meetings to educate the public on program requirements. BCSO provided a helicopter for air inspections providing access to areas that would have otherwise been difficult to access, which helped to facilitate an efficient process and quicker response to neighbor versus neighbor complaints Law Enforcement personnel provided security for Code Enforcement teams. They were not utilized as a reporting party in complaints Code Enforcement Staff managed a booth at the Butte County Fair and provided information and instruction to the public on medical marijuana cultivation restrictions. The provisions of the ordinance that allowed for the award of penalties and costs were conveyed in a manner to the hearing officers that led to the County being awarded the full amount of penalties allowed. Next Steps Development Services is preparing for the 2017 growing season and plans to modify the enforcement program based on lessons from With this understanding, Code Enforcement will administer a similar program for 2017 as it did in 2016 with the following refinements DDS will continue to receive complaints from all sources and prioritize neighbor/neighbor complaints, large grows and sites with multiple violations, and illegal structure complaints for indoor grows first. From there, Code Enforcement will work down the list to the rest of the complaints. DDS will utilize existing staff and extra help resources to accomplish this program. This would include identifying larger grows during site visits (ground or air) as violations if observed while inspecting existing cases. Having a consistent ordinance for the entire 2017-growing season will offer stabilization for the medical marijuana (Chapter 34A) enforcement program. The addition of adult use nonmedical marijuana and related enforcement of the proposed Chapter 34C is an additional variable. Development Services will continue to coordinate with County Administration, BCSO, County Counsel, and the District Attorney s Office to develop a sustainable, cost-effective plan for providing Code Enforcement Officers with security for site inspections. Development services will monitor activities and enforcement demands during 2017 and plan toward 2018 recognizing there will be a new State regulatory program in effect. If additional staffing resources are needed during the year, the Department will return to the Board of Supervisors. Page 4 of 4