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a. Any existing marijuana cultivation sites located within the City of Clearlake which are operating contrary to the requirements of this article are hereby declared to be a public nuisance.

b. Administrative Fines. A violation of any provision of this article shall constitute a separate and distinct offense subject to an administrative fine. Violators shall also be subject to any other enforcement remedies available to the City under any applicable State or Federal statute or pursuant to any other lawful power the City may possess.

1. The administrative fine for a violation of Sections 18-41.060 and 18-41.070(a) shall be:

(a) A fine of five hundred ($500.00) dollars for a first violation.

(b) A fine of seven hundred fifty ($750.00) dollars for a second violation of the same ordinance.

(c) A fine of one thousand ($1,000.00) dollars for each additional violation of the same ordinance.

2. The administrative fines set forth above shall be subject to revision by resolution of the City Council.

c. Suspension of Cultivation Privileges.

1. Failure to abate will result in a one (1) year suspension of cultivation privileges both for the individual in violation and for the property itself. Any fines previously assessed must be paid in full prior to lifting the suspension of cultivation privilege.

2. A subsequent failure to abate may result in up to a five (5) year suspension of cultivation privileges, with approval for the individual in violation and for the property itself. Any fines previously assessed must be paid in full prior to lifting the suspension of cultivation privileges. A suspension is appealable to the City Manager or their designee.

d. Cultivation of marijuana in a manner that violates this article is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Article 18-42.

e. Each day a violation is allowed to continue shall constitute a separate and distinct offense and shall be subject to all remedies. (Ord. #248-2020, S2 (Exh. A))