Cannabis Enforcement Violations & Appeal Hearings
If you have received a Notice to Correct and Abate Letter due to public nuisance(s)/cultivation of cannabis and other violation(s) please beware of the following important information:
- Failure to abate cannabis cultivation and correct other violation(s) or establish an approved abatement schedule in writing (within 96 hours of the Notice) may result in associated fines and fees.
- If the responsible person receives a notice to correct and abate letter and fails to make a timely request for an administrative hearing (procedure set forth in section 09.02.380 of the County Code) on the imposition of the administrative penalty, the penalty shall be final. The violation may also be referred to the District Attorney’s Office for possible further action.
- A request for an administrative hearing under Chapter 9.02 must be made within three calendar days of service of the notice to correct and abate and the hearing shall be held within five business days of the request for a hearing. Request for Cannabis Administrative Hearing form
click here.
- The decision of the Hearing Officer shall be issued within five calendar days of completion of the hearing.
Imposition of administrative fines may be delayed and a property owner may be permitted no less than fifteen (15) days to correct any violations other than removal of cannabis plants if all of the following conditions are met:
- The property where the cultivation is occurring is being rented or leased and a tenant is in possession.
- The property owner or agent provides written evidence that the rental or lease agreement prohibits the cultivation of cannabis.
- The property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information provided the property owner or agent with actual notice of the illegal cannabis cultivation.
- The property owner demonstrates good faith efforts to remove the illegal cannabis plants within the time required in the notice to correct and abate.
NOTICE IS FURTHER GIVEN that the costs of the required abatement may also become a charge against the affected property which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq.
The steps to coming into compliance:
- Abate the cannabis
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Call the Code Enforcement Division to discuss the abatement and further steps to come into compliance
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When calling Code Enforcement please have the following information available:
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Address and APN of the property
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Violations on the Notice to Correct and Abate letter
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Actions you have taken since receiving the letter
Code Enforcement staff will provide information on the steps required to come into compliance and the review process.
What does a Remediation Plan agreement with the County mean?
Before a civil code enforcement case is closed, the County shall approve a remediation plan that provides for remediation activities that will restore the site to predevelopment (pre-cultivation) conditions to the maximum extent feasible. The County may require a mitigation and monitoring plan subject to review and approval of a Hearing Officer or the Planning and Building Department. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management. Failure to comply with a mitigation and monitoring plan shall constitute a subsequent violation of this section.
A remediation plan enables the County to have the violators bring the property back to the pre-cultivation environmental state. Many violating properties have environmental issues that not only affect the property put also surrounding properties and the watershed. These types of cases require a remediation plan designed by a qualified professional as a corrective action.
A good remediation plan should address the following items:
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How to abate the noticed violations i.e. removal of all cultivation materials/structures/refuse with a nexus to the cannabis operation.
- The environmental impacts associated with the violations and how to properly mitigate.
- For example, unpermitted grading may lead to erosion and sediment transport into nearby watercourses impacting water quality and aquatic species. The plan should address this issue with erosion control measures, such as through the use of straw wattle, revegetation, and/or other best management practices. If tree removal is identified, suitability for replanting should be addressed.
- An assessment of the graded flat(s) determining the stability and amount of earth graded helps provide the path forward i.e. whether a permit should be required.
- For example, if an assessment is provided by a qualified individual/entity claiming less than 50 cubic yards (one of our thresholds) was graded and it appears stable, we often will not require a permit unless there are other underlying issues that may deem it necessary.
- Measurements/calculations are ideal for the justification of cubic yardage graded.
- Distance/proximity to streamside management areas (SMA) is critical for the justification of an SMA violation.
- Maps/photos help clarify the locations of interest and to visualize the key points.
- Recommendations to restore the property and mitigate the impacts.
- The application of county permits if deemed necessary, such as a grading permit.
- Timelines help the County monitor the work completed.
Please address all cannabis related code enforcement letters to the following address:
El Dorado County Code Enforcement
2850 Fairlane Court, Building C
Placerville, CA 95667
For hand delivery of information please bring it to the front counter in Building C.
For any questions for Code Enforcement staff, please call or email at:
Phone: (530) 621-5999
Email:
cannabisnoticetocorrectandabate@edcgov.us
For all the rules in the ordinance click here to view the
Personal Use Cultivation Ordinance
Request for Cannabis Administrative Hearing Form