5.20.080 Enforcement and appeals.
(1) Any commercial cannabis production activity within the city in violation of this chapter is hereby declared to be unlawful and a public nuisance.
(2) Any person who willfully or knowingly (a) engages in a violation of this chapter or (b) owns, possesses, controls, or has charge of any parcel of real property in the city upon which a violation of this chapter is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this chapter.
(3) Any violation of this chapter shall constitute a separate offense for each and every day the violation occurs or persists.
(4) Any person in violation of any provision of this chapter or who causes another person to be in violation of this chapter shall have committed a misdemeanor. In addition to which shall be punishable by a fine of up to $1,000 for each violation and for each day the applicable violation continues to persist.
(5) Any person in violation of any provision of this chapter shall be punishable by an administrative fine of up to $1,000 per offense.
(6) Any material violation of this chapter or any other relevant city law or state law by a cannabis permittee, or a cannabis permittee’s agent, is grounds for suspending or revoking the relevant cannabis permit. In addition, the city manager or the city manager’s designee may suspend or revoke a cannabis permit, disqualify an applicant from the application process, or elect not to renew a cannabis permit if any of the following occur:
(a) The city manager or the city manager’s designee determines that the cannabis permittee has failed to comply with this chapter, any condition of approval, or any agreement or covenant as required pursuant to this chapter.
(b) The cannabis permittee’s commercial cannabis production activities cease for more than 90 calendar days.
(c) Ownership of the cannabis permittee is changed without approval from the city.
(d) The licensed commercial cannabis production activity moves from the licensed premises to a different, unauthorized location.
(e) The cannabis permittee fails to provide remote access to the security cameras to the city manager, the city manager’s designee, or Los Angeles County sheriff’s department, or fails to allow inspection of the security recordings, the activity logs, or of the premises by authorized city officials.
(7) Any decision regarding the suspension or revocation of a cannabis permit, disqualification of an applicant from the application process, or election not to renew a cannabis permit may be appealed to an independent neutral third-party administrative hearing officer appointed by the city manager or the city manager’s designee (the hearing officer). Said appeal shall be made by a notice of appeal from the person appealing within 30 days from the date of the city’s decision. The appeal shall be accompanied by a written verified declaration setting forth the basis for the claim that the city’s decision was improper. The hearing officer’s decision shall be final and binding upon the city and the appellant cannabis permittee or applicant. Alternatively, the city manager may provide for the appeal to be made to the city council, in lieu of a hearing officer. In such case, the city council’s decision shall be final and binding upon the city and the appellant.
(8) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the city. (Ord. 730 § 21, 2022).