Title:
Title
Appointment of Hearing Examiner for Appeals of Cannabis Cultivation Administrative Penalties
End
FileID
File ID: 2019-00916
Location
Location: Citywide
Recommendation:
Recommendation
Adopt a Resolution appointing Edith Awuah as a Non-Advisory Board, Hearing Examiner for Administrative Appeals of Cannabis Cultivation Administrative Penalties for a term of six months at a rate of $85.00 per hour.
Contact: Leyne Milstein, Assistant City Manager, (916) 808-8491, Office of the City Manager; Wendy Klock-Johnson, Assistant City Clerk (916) 808-7509, Office of the City Clerk
Body
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
Description/Analysis
Issue Detail: The City Council has established that appeal of administrative penalties imposed for violations of City Code Chapter 8.132, Cultivation of Cannabis, be heard by a hearing examiner. Under City Code section 1.28.010 (D)(4)(c), administrative penalty appeals shall be heard by a hearing examiner appointed by the City Council.
The appeals of fines for illegal cultivation of cannabis have been heard by hearing examiners appointed by the City Council to hear code enforcement violations, typically issued by Community Development Department (CDD) staff. The CDD hearings are generally informal and the focus is to seek compliance with a notice and order regarding housing code and nuisance violations. The CDD hearing examiners are paid $50 per hour.
Hearings regarding penalties for illegal cultivation of cannabis require a more formal process. The focus of these hearings is usually on the property owner's action or inaction that allowed the cultivation of cannabis by a tenant, who typically does not even live there. As a result, there is a need to appoint a hearing examiner for the appeals of fines for illegal cultivation of cannabis who has experience as practicing attorney with knowledge of the rules of civil procedure in order to manage the hearing process, focus the ...
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