Pubdate: Sat, 01 Aug 2015 Source: Appeal-Democrat (Marysville, CA) Copyright: 2015 Appeal-Democrat Contact: http://www.appeal-democrat.com/sections/services/forms/editorletter.php Website: http://www.appeal-democrat.com Details: http://www.mapinc.org/media/1343 Author: Eric Vodden PROPERTY OWNERS CAUGHT IN MARIJUANA CONUNDRUM The people who are actually illegally growing marijuana in Yuba County aren't always the only ones penalized for violating the county's stricter cannabis ordinance. Property owners, whether they live within view of marijuana gardens grown by tenants or are out-of-area and unaware of what renters are doing, are subject to fines. And the penalties imposed aren't exactly chump change - $100 per day per violation from the time they are cited. Because each plant is considered a violation and it's common to find other code enforcement infractions, the penalties can quickly run up to tens of thousands of dollars. Already, in appeal hearings before the Board of Supervisors, some property owners are claming ignorance and citing state laws that limit the inspections they can make on their land. "That is an issue which we acknowledge is an issue," John Vacek, Yuba County deputy county counsel, said of out-of-area landlords. "We try to take them into account. The problem is we are dealing with some property owners who aren't telling the truth." There are instances, he said, in which the owners rent property knowing tenants will grow marijuana. "I think there is an issue sometimes whether there is actually a tenant," Vacek said. "Often there are situations of somebody associated with the property owner actually doing the growing." Supervisors last spring approved a tighter set of restrictions that bans outdoor growing and limits indoor plants to a dozen in a qualified accessory structure. It's resulted in a deluge of code enforcement complaints and responses. Since June 1, Yuba County has imposed penalties for 4,472 plants on 93 properties, said Jeremy Strang, chief code enforcement officer. Penalties totaling $440,000 have been assessed, though Strang acknowledged the county has only collected $40,000. "That's not going to cover the cost of enforcement by any measure," Strang said. At least for now, there's nothing on paper to differentiate between property owners who condone cannabis growing on their properties and those who aren't aware of the plants. And there isn't any leeway for code enforcement officers to impose anything less than the designated penalty. Vacek said there has been some discussion of adding provisions to add that leeway. "But it was too difficult to come up with criteria and standards that will fit every case," he said. So it's up to the Board of Supervisors to decide whether property owners appealing penalties imposed should be held liable when their tenants are found illegally growing marijuana. Supervisor Roger Abe said the board has to consider appeals on a case-by-case basis. "It's not just a blanket-type thing," Abe said. "We have to look at what they have done to put themselves in that position." Abe acknowledged there have been times when "I have not believed what people have said." "I think the board is looking for something more than 'I didn't know,'" Abe said. "Our question is 'what did you do to find out what is happening on your property.'" Earlier this month, supervisors suspended for three years a $34,000 penalty imposed on the Rocklin-based owners of a Linda mobile home park where 98 outdoor plants were found. Action came with the condition the owners post a bond for the amount of the penalty. It will eventually be forgiven as long as there are no further code enforcement violations on the property. However, this week the board followed staff recommendations in imposing separate penalties of $50,700 and $30,050 on cases in which 91 and 86 plants were found on Gledhill Avenue. Vacek said the issue is part of the growing pains of Yuba County's new stricter ordinance. "We have a new ordinance and we are trying out best to enforce it," Vacek said. - --- MAP posted-by: Jay Bergstrom