Outdoor Marijuana Cultivation Ban in Yuba County

Property Owners Beware--Increased Code Enforcement Coming

By Elden Fowler---Yuba County’s Board of Supervisors voted to pass a new marijuana cultivation ordinance.  But, in a move that surprised and angered many of those witnessing yesterday’s action, the Board also voted to declare it an urgency ordinance which can be enforced immediately.

The new ordinance which bans outdoor cultivation and allows for no more than 12 plants was before the Board for a final reading and passage. Normally, it would not have taken effect for 30 days.

By passing the ordinance as urgent, the Board also halted any plans by opponents to circulate petitions and gather signatures for a voter referendum.

County Counsel Angil Morris-Jones said opponents of the ban can still utilize the initiative process to bring the matter before the County’s voters.

Supervisor Andy Vasquez started the move towards enacting the urgency declaration when he asked Morris-Jones to explain how the Supervisors could proceed.

Vasquez cited a letter addressed to the Supervisors by Gay Todd, Marysville Joint Unified School District Superintendent. Todd complained of a “very dangerous environment for our students” caused by unattended guard dogs at cultivation sites near bus stops and increased traffic near schools.

Morris-Jones said the Board “would have to adopt findings which declare what the urgency was.” She added it would require a minimum of 4 votes.

Early on, as it became apparent the supervisors were favoring the urgency clause, approximately 50 opponents of the ban, some verbally challenging the supervisors, marched out the chambers.

Eric Solerno of Yuba Patients Coalition admonished the board saying the supervisors “are acting in bad faith to avoid a referendum.”

The Supervisors based the urgency findings on a whole host of issues including pot plant water usage during a drought, trespassing, burglary, and violence.

“They want to blame pot gardens for everything including the drought” said an angry Kevin Johnson of Oregon House. “What about rice? Now that’s some water use and sometimes it stinks. Maybe that needs to be a code enforcement issue too.” Johnson was among those who had left the chambers earlier in protest of the Board action.

The final vote for passage of the ban of outdoor cultivation passed 4-1 with Supervisor and Board Chair Mary Jane Griego voting no.

Griego supported the new ordinance but did not want to prohibit the referendum process by voting for the urgency declaration saying “this is America and people have a right to petition.”

Supervisor John Nicoletti said he was supporting the urgency declaration because of Todds’s letter even though Griego reminded him the issues were already addressed in the current ordinance.

Most of the discussion of the ban occurred between Supervisors Vasquez, Nicolleti, and Griego with Supervisor Roger Abe asking only one question.

Supervisor Randy Fletcher remained silent throughout the meeting except to vote.

Increased Code Enforcement Efforts to Hit Yuba County

With plans to hire more code enforcement officers and Sheriff’s deputies to enforce a new marijuana ordinance, Yuba County’s Board of Supervisors is hard pressed to find the estimated $700 thousand to fund their hiring.

However, the assessment of administrative fees, abatement costs, and penalties generated by the newly hired officers, coupled with permit fees for medical marijuana cultivators, may more than cover the costs, and then some.

To prove that point, a review of the Board of Supervisors meeting agenda for February 24^th shows the County intends to collect $43,855 for code violations against three properties, one in Linda and two in Olivehurst.

Code enforcement and abatement actions on a property, located at 4698 Ardmore Avenue, Units A-D, Olivehurst, may be the harbinger of things to come. 

The code and abatement actions against this property are the result of “marijuana cultivation in violations of the provisions set forth in Chapter 7.40 of the Yuba County Ordinance Code.”

This action meshes well with the County’s stated intention of raising revenue for enforcement of a new marijuana ordinance.

In this case, On September 22, the property’s owners Jon and Amy Messick were notified of the order to “abate a public nuisance” consisting of marijuana cultivation.  Four days later, Code Enforcement Officer Jeremy Strang “confirmed the violation had been corrected.”

For its part, the County has now placed a lien against the property in the amount of $18,774.51 because the owners have not responded to the County’s demand for payment to recover “administrative and abatement costs and penalties.”

See the hearing and background information here.

Another property subject to enforcement and abatement actions pertaining to code violations due to “vacant, substandard, unsecured, and unmaintained residential property; overgrown weeds and vegetation; the maintenance of rat harborage; and storage of junk, trash and debris” is located at 6223 Mapes Way in Linda. 

For its enforcement and abatement efforts, the County is demanding $14,187.96.  Due to nonpayment the County has recorded a lien against the property.

See the hearing notice and background information here. 

A property located at 1679 E. Eleventh Avenue in Olivehurst, was also cited for code violations “consisting of an accumulation of junk, trash, and debris, harborage of vector and vermin, an overgrowth of weed and vegetation, and the continuation of accessory uses after termination of the principal use.

For its efforts and abatement costs, the County is demanding $10,895.65.  Due to nonpayment, the County has recorded a lien against the property.

See the hearing notice and background information here.