Pubdate: Fri, 21 Sep 2012
Source: Orland Press-Register (Willows, CA)
Copyright: 2012 Freedom Communications
Author: Rick Longley


Orland is cracking down on illegal marijuana cultivation within the 
city limits.

City Manager Peter Carr said four residential grow sites were cited 
and abated this month following citizen complaints investigated by 
the Police Department.

He made the announcement Monday night at the City Council meeting 
after a resident complained about a marijuana grow possibly being on 
Orland's old dump property on County Road E.

Duane Massa said he owned property nearby and wondered if the council 
was aware of the situation.

Carr said he and city staff looked into the issue, but it is unclear 
if the marijuana garden is on the city's property.

The garden in question is along the west edge of the old city dump, 
Carr said, "but it is not clear to us if it is on it (dump land) or the edge."

Carr added, the fence lines are not clear, and a landowner to the 
west says it is on his property put in by a tenant.

"He is not happy about it," Carr said.

Since the parcel is in Glenn County, it is up to the Glenn County 
Sheriff's Office to look into the matter, city officials said.

Carr said the sheriff was informed about the site.

"It is not the landowner's marijuana?" Councilman Dennis Hoffman asked.

The tenants are growing it, Orland Police Chief J.C. Tolle said.

Glenn County Undersheriff Richard Warren said his narcotics staff 
investigated the marijuana site and determined it to be in compliance 
with the medical marijuana law - assuming it is on private property.

If it is on the city's land, he said his office would work with 
Orland to get a cease and desist order and remove it. However, he has 
not heard back on the land's status.

Proposition 215 allows California residents to grow small amounts of 
marijuana for medical conditions if they have a card signed by a doctor.

Vice Mayor Charles Gee asked if the property owner should be 
responsible for it, and Tolle said if it were in violation of the 
law, he would be.

Orland enacted its own medical marijuana ordinance this spring after 
extending temporary ordinances since 2009.

It calls for the medical marijuana to be grown in a separate building 
from the residence of a card-holding patient that has locked doors 
and a security alarm.

If the building is a greenhouse, it shall be surrounded by a 6-foot 
high solid fence located within 10 feet of building with a lockable gate.

Structures must be in the rear yard of the residence and sit back at 
least 10 feet from the side and rear property lines where possible.

The building also must be ventilated, so the odor does not go out to neighbors.

Carr said in one Orland case, the resident removed the plants when 
faced with the city's fine of $1,000 per day.

The other three residents built secure and ventilated buildings 
around the grow, bringing them into compliance with Orland's 
ordinance banning outdoor cultivation of marijuana in February, he said.

The sight and smell of marijuana - in any form - are deemed public 
nuisances, according to city code.

This allows city staff to enforce nuisance abatement - including 
daily fines of $1,000 a day if failing to comply within 48 hours of 
an abatement notice, officials said. An administrative hearing would 
be held to determine the penalties.

Repeat instances of non-compliance within 12 months result in automatic fines.

Orland also banned the establishment of medical marijuana 
dispensaries, collectives and cooperatives within the city limits in 
February as well.
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MAP posted-by: Jay Bergstrom