Pubdate: Sun, 12 Jun 2011
Source: Valley Chronicle, The (Hemet, CA)
Copyright: 2011 The Valley Chronicle
Contact: 2091 W. Florida, Suite 140, Hemet, CA 92545
Website: http://www.thevalleychronicle.com/
Details: http://www.mapinc.org/media/5259
Author: Charles Hand, The Valley Chronicle

CITY TARGETS LANDLORDS WITH PROPERTY USED FOR ILLEGAL PURPOSES

It took little discussion and very little more time for the San
Jacinto City Council on Tuesday to paint a bull's-eye on the backs of
landlords who allow their property to be used for illegal purposes.

City Manager Tim Hults used as an example of the kind of property
owner who could find himself in the crosshairs as the one who leases
property to the owner of a medical marijuana collective, of which
there are several in the city.

City Attorney Jeff Ballinger said the city already has an ordinance
that makes property owners liable for the activities of those they
rent to, but that the new law put a finer point on it.

The city has already notified operators of illegal businesses,
primarily marijuana outlets, that they must cease operations.

The council's action adds an element to the law that makes it possible
to take action against property owners even if they claim ignorance of
the illegality of the activities conducted on the land.

It also makes the law retroactive, meaning it can be applied to past
activities.

"This makes the law more explicit," Ballinger said.

In a joint staff report, Ballinger and Hults said the added section
will make it easier for the city to enforce the municipal code where
property owners do not take steps to end illegal activity on the premises.

Councilman Alonso Ledezma said the city should send letters to those
allowing illegal activity on their property that the city could place
a lien on their property if they do not control the illegal activity.

The provision passed unanimously.

In a separate vote, the council gave final approval to a new city law
that bans issuing business licenses to any illegal business.

That is also aimed primarily at the marijuana collectives.

In his staff report to the council, Ballinger said that, while the
city banned marijuana collectives in 2006, the law does not provide
clear guidance to city staff members on whether business licenses or
permits can be issued under the zoning code.

The law also revokes whatever business license may have been issued in
the past before the rules were clarified. 
- ---
MAP posted-by: Richard R Smith Jr.