Sutter County may impose $193K in liens for marijuana abatement
Property owners at eight sites have a chance to state case
The Sutter County Public Works Committee agreed to forward to the Board of Supervisors liens totaling more than $193,000 for marijuana abatement on eight properties.
Property owners will have a chance to try to demonstrate to the supervisors that they didn’t know or couldn’t have known marijuana was being grown on their property – a difficult burden of proof, interim Deputy Director of Planning and Building Doug Libby said Monday.
The board is limited with options, Libby said, but if the supervisors aren’t convinced by property owners, they have the power to approve the liens at the March 27 meeting.
Libby said the cases start out as complaints to Code Enforcement, which substantiates the complaints and notifies the owners. The owners must appear before an administrative hearing officer, who decides if the cultivation violates the county ordinance, penalizing the owner $1,000 per day.
The penalty kicks in if the marijuana isn’t abated within three days, and the court can grant warrants allowing Code Enforcement to remove the plants if the owner hasn’t done so themselves.
The lien amounts are calculated by adding the administrative costs with the $1,000-per-day penalty and any county abatement costs, as well as interest accrued since the costs haven’t been paid. Up for review;
A property in the 2400 block of Fruitridge Road is facing a lien of $11,528, according to the Public Works Committee staff report. In September 2017, code enforcement and deputies went to the property and observed two separate outdoor marijuana cultivations totaling 66 plants. A notice of violation was issued and served, which set forth the administrative penalty of $1,000 per day, and ordered the owner to abate the cultivation within five days or appear at an administrative hearing.
The owner did not appear at the hearing, but later removed all marijuana from the property.
An assessor’s parcel in Robbins, which does not have an assigned address, is facing a lien of $9,877. Code enforcement and deputies observed numerous plants growing behind a fenced location. Legal counsel appeared at the hearing on the owner’s behalf, and the court issued a warrant authorizing Code Enforcement to enter and abate the cultivation.
A property in the 1300 block of Lytle Road is facing a $32,748 lien. In June 2016, code enforcement observed 80 plants on the property. In August, a warrant was served and 880 pounds of marijuana plants were removed. Administrative penalties have not been paid.
Another property in the 1300 block of Lytle Road was observed growing 50 plants. A warrant was issued to inspect, and another warrant granted to abate. Code Enforcement removed and destroyed 1,520 pounds of marijuana plants.
A property in the 4200 block of Glidden Lane is facing a $25,043 lien. In August 2016, code enforcement observed numerous plants. The property owner did not appear for an administrative hearing and in October, a warrant granted to abate. Code Enforcement removed and destroyed 220 pounds of marijuana plants.
A property in the 1800 block of Pacific Avenue is facing a $34,576 lien. In June 2016, Code Enforcement observed 60 plants. The owner did not appear for the hearing, and a warrant was granted to abate. Then, 1,320 pounds of plants were removed and destroyed.
A property in the 3200 block of Sankey Road is facing a $37,658 lien. In July 2016, Code Enforcement observed numerous plants. Legal counsel appeared at the hearing on behalf of the owner. In August, a warrant was granted and 500 pounds of marijuana were removed and destroyed.
A property in the 400 block of Oswald Road is facing a $17,270 lien. In August 2016, Code Enforcement observed numerous plants. Legal counsel appeared at the administrative hearing on behalf of the owners. A warrant was granted to abate and 700 pounds of marijuana were removed.