Make it tougher it's already. Well everything from bankrupting to whom doing a lot of wrong for my kids Asians and put a ton of money in the can account coffers so I saw this thing coming up it was actually ready for the final vote on the board agenda for the final vote. It's hard to keep up with these guys and stuff but. I saw it in time I. Recognized sort of a major problem with their points but one in particular was. Penalizing people for trespassing list I called a still and I asked her to take it off the county agenda so that I could work with. John Ford from them pointing to Portman who was the. Genius behind the program here. And still was quite helpful she did. But with John discussed my reservations about this and I'm going to submit my comments in writing you can do that too of course. I don't want you to think that I'm the only one who can make suggestions and recommendations this is. This is wide open if the moment it is called an ordinance amending the county code rather to view code and Forstmann procedures not from helpful and. Here's how it works right now. We have a. Almost all of the cannabis prosecution in our county has been done and under the guise of nuisance law and instead of criminal law and that's because the voters decided that it will legal calibers growing is really not very serious. They reduced it to a misdemeanor if you're not causing environmental damage and penalties Max penalties about 6 months in jail and the I think of $1000.00 fine and nobody's going to jail because the jails are full so what happens is people are getting probation but the few people that is a get rested there. I would be surprised if there were 10 arrests in all of 2019 for cannabis cultivation. But there were hundreds of a paper. And the abatement records are much. Much more severe in consequences than the criminal law including extremely high finance which is real he when you get right down to it the county supervisors doing in in the run around Proposition $64.00 which set up the criminal consequence. The voters of the state thought it legal cannabis the cultivation wasn't really so much to be worried about but the board. Disagreed with the voters and has met it and not just in this county I mean. Sacramento County was making a fortune off of abatement until they got sued so. And they're not they're not along I don't want to cast all of the troubles of the world on our 5 board members but for the little bit of the troubles of the world that they've got . I'm willing to play him Ok they. In 2017 revised the county nuisance ordinance to have. Put nuisances into one of 4 categories 3 of those categories have to do with. How the nuisance is done they don't particularly name a nuisance they just say well Category 3 violations that are committed intentionally or through inexcusable Mikkel act and have a minimal impact on the whole safety comfort and or general well welfare of the public. Category 2 was someone going to go we want less than up each category has a range of penalties Category 4. And this is the. County could 352 days 3 age if you're into looking at things. Is for violations committed intentionally or through inexcusable neglect. And have a significant and or substantial impact on the health safety comfort and or journal warfare of the public I don't know the difference between significant and substantial but they therefore under this to the double term then it serves and this is the only. Nuisance if you could call it the one that is specifically set and that is category for violations show include but not be limited to the commercial can of the commercial cultivation of cannabis in violation of any a political local or state laws regulations policies procedures permits and agreements How's that the fine for such a violation is $6.00 to $10000.00 a day. You give that a few weeks and it adds up to real money so. As it stands and says moments before the proposed changes the only thing the having to do with cannabis that must be Category 4 is commercial cultivation for number in a way without a permit although it could be. Over growing 2 years you've got a permit for 10000 square feet but you're growing a weapon and so forth. They have been the we have a list of very aggressive. Code enforcement team headed by. Bob Russell. And they have taken the viewpoint that if. You have in we who cannibals in a greenhouse that doesn't have an anchor in terms and from the permeating provisions then that's true of oil listens and they're both cause for because the green else has been used for the cultivation Likewise if you have a graded file that the green house sits upon and that was done without a permit then that's another $10000.00 day violation. And me. We're just thing about all these 4 who listens is that they don't necessarily the fines don't necessarily get imposed on the people who create the violations so suppose you buy a porn song with. An permit equating already done and they don't go back and say Oh I see who did that grading will find them they just fine you their theory here is you bought the the you bought the Quine when you bought the land. And that's sort of the deep pockets theory of law enforcement which is you go after whoever's got the most money and it's always the landowner So that's a fundamental in justice in the Newson flow and I am one that the county shows no inclination to cure but what they want to do is aired. To the cultivation of cannabis and to category for any violation of building plumbing electrical or other similar structural health or safety or zoning requirements that exist as a result of or to facilitate the illegal cultivation of cannabis so they have in fact already been doing as but some of us alert attorneys have been challenging him on the grounds that what it said was cannabis cultivation not the apparatus that you were using to do it so so they decided to put it in no let's as they see these days unpack this edition any violation of building plumbing electrical other similar structural health and safety or zoning requirement. Building plumbing electrical run together in their minds because it's together in the code but plumbing electrical violations person Shaleen not turning up what we're getting is green houses anything from who piles on up that's over 120 square feet of. Footprint. Then it's supposed to be registered with the county and you can get or what they call their exemption for it at 2 exempted from permitting because it's a building used for agriculture and in all aspects of Agriculture except. Cannabis the county and state are quite friendly to agriculture so so when you see that building plumbing electrical or other similar structural you are looking at green out. But then we get into we go past structural and we get into health and safety. Health and Safety is. Completely non referential that is what nuisance connected with cannabis is of I am. Dane endangering health and safety and they have tourist unless you've got it stacked to high. Nothing so. Well I suppose pesticide but. That term is so very that I'm not sure it could stand and zoning requirements that's going to be a biggie quite soon never be a biggie Tuesday at midnight because Tuesday at midnight the. Zone Alarm the issuance of permits for t.p.c. And f P's and is apparently going to be cut out. That well we've other zones you can still get a permit but you can't get a permit if your land isn't in f.p. Or t.p.c. And a great deal is just those parcels with those zones have been. Permitted so far with preexisting cultivation on they've been permitted to the extent of the preexisting cultivation they probably will not allow the expansion but in any rate that was then this is now on Tuesday when with now is Tuesday midnight. T.p.c. And f.p. Are not going to be permitted pool and therefore you could violate the zoning by having cannabis really commercial cannabis that is not your 6th Prop 64 personal life it's Ok Now then you get to have these violations have to exist as a result of the illegal cultivation of cannabis and. I'm a lawyer I'm used to dealing with words and strange constructions law but I can't for the wife of me see how these violations are going to do so as a result of illegal cultivation of cannabis I see facilitated which is the other thing. Quite possibly the. They were telling could facilitate it and certainly agree now could Ok. Any rate they're putting that in there so that they can raise the fines of people. These fines are already enormous and very quickly. Amount to confiscation of the one hand and by very quickly I mean in 2 or 3 months dependent how many violations are ticking over 810008 day now. There is a 2nd problem nothing for them that they addressed in this ordinance that these proposed changes to the nuisance ordinance and those are found in. 352 days 3 l. No You know I'm sorry him and this is got to do with. A very complicated and. Nonsensical and probably unconstitutional provision that permeates state land use law and nuisance and then he has each day that the nuisance exists is another violation and another finding that cell with the pile up let's say you've got. A green house full of pipe on it we are graded 5 no permits for anything that could be 30000 a day. 30000 a day is 210000 who week. I don't know how much your land is worth little better in a month. You could just walk away from and rather than pay the phones so. But there are some issues with that for one thing. They give you a 10 day notice. When you get them to give you 10 days to take the steps to clear it up and in the nuisance and it's often possible to do that and so those people who do that Kurupt a nuisance and avoid the finance pretty good. Well some people on the other hand. Let it run out of oil and. The problem for the county here is. Basically noticed if each day is a new violation then each day she get you a new notice but if each day gets you a new notice it also gets you 10 more. Days to clear it up so if on day one they issued your notice by day 10 you got to clear it up but a fundie to the issue as you go today a lot of well you see where that is if each day is a violation you never have to point it out because. They keep issuing 10 never notices Ok so what they've decided to do was. Change the notice requirements for. Repeat subsequent or ongoing. Cannabis violations or and this is their new thing again violations that exist as a result of order facilitate it we will cultivation of can Ok good repeat subsequent or ongoing What does that mean. Repeat I understand. You are you're growing cannabis they give you a 10 day notice you stop growing kinda missed it tear down the greenhouse you. Get a permit for the grading Ok now all the nuisances are painted you've taken care of everything. You don't see any helicopters your own aware of the satellite you wait a month to everything who was the home and then you point again that's a repeat Phylicia. There are some real problems with this which will talk about but basically that's a repeat the difference between a repeat and the subsequent I'm not sure and I'm going to recommend that they define these terms because. Terms that you can understand are unconstitutional so for repeat subsequent I would say repeat is the same person growing again and subsequent used additional By only sions but by a different person. And ongoing one who wish and. Ongoing violations or violations that you don't abate they see stop growing tear down the green else and get a. Rating permit you just yawn you keep on growing because you know in 3 weeks you can harvest and what the hell they're at the back of the truck and away you go so. That's ongoing and they are going violation theories have that noticed problem but what the Today is the imposition of the penalties starts to accrue. Upon the violation being noticed that is Ok 1st time 10 days 2nd time. Fines from day one Ok there is an exception and that exception ears. And this is just an exception to the repeats subsequent or ongoing violations having no tendering notice and that is you've got a tenant you're 10 and now that we the lease says they can't grow cannabis or we go in and. You didn't know that they were you didn't have any actual notice that they were doing it and that case you got. 10 days to deal with it Ok now what happens when you're not living on the line you bought it as a return to the lender in the seventy's the eighty's or whatever and that was 4050 years ago and the strangest thing has happened in those 40 or 50 years you've gotten older and maybe the chop wood carry water style of life is no longer suitable for your physical abilities. You've gotten old and you've developed some of the problems of all they reach perhaps you. Have become ill or disabled and you don't live at the end of the secluded dirt road now you live in town maybe you live in a town not in umble county you are now absentee Well no you don't live there you didn't rent a tent he money you've got no idea what's going on on the property. I have a coin who has not been to the land and 25 years and . Lo and behold there was a truce Pascoe Ok here's the thing. They didn't know it they didn't agree to it they're not profiting from it it's got nothing to do with them it's a core I'm against them this person the owner of this land with the transfer his group is a victim right they are not the perpetrator of this nuisance they are a victim of it someone else has come on the land and. Created this what the county considers nuisance they carry now how fair is it where is the justice and penal or his in the victim of a crime for being the victim of a crime I mean if you put it in those terms. It doesn't sound. Wholesome not. I put this to the planning department and they said well that's just land used law the landowner is always responsible for what goes on in the property and. I call b.s. So much I think I mean that was a true statement of law but the law itself is incredible when justice and. So. The question is though what is humble County you going to do in the situation where somebody. Lives far away from the land has no idea what's going on there the truth Piers grow and. Just to put it in store Kurt Herm's suppose this transparency choro is on murder Mel who is going to go up there and tear down the greenhouse not the owner the owner and he probably physically unable and b. You know it's a long trip so. So then what now who should tear down I mean who's responsible 1st responsibility of course is the trespasser right they knew perfectly well they didn't own the other one but they also knew perfectly well know what was there so. Just like breaking into a vacant house. They went in there and chopped down the trees to deliberate a grading and planted their part in a greenhouse. How would we do your with on if we weren't dealing with it the way the pointing Department does and the way you point important to who is as they look at aerial photos if they see a green No they send out notices of violation and then for those people who are not growing they wait for you to come in and say hey I'm not growing they say Ok We're going to you give us for 600 bucks for our cost for thinking you were growing and look Choa 1st time but here this person coming in they're not here. Who they're we fall back on to deal with quadrants when. The owner can't there again a pro can do your freaking out. And started selling crack. These nuisance laws make you responsible for the cracks. And that just doesn't seem right we fall back on law enforcement their job is to stop crime their job is to investigate crimes when they exist and to try and find the perpetrators and to deal with all that why don't we call law enforcement why do we have an employee program instead of. What we've been doing for the last Lord knows how many years no 13 maybe and we call the sure we see Scherf we've seen these greenhouses We think therefore part and we want you to go up there cut down the pot turn on the green noses find the perpetrators and bring them to justice why don't we do that well for one thing. Actually doing law enforcement is a great deal more trouble than doing a paper it's actually doing investigations and over and starts with. Somebody going and seeing if in fact there's calibers there. In a number of cases there's a greenhouse and no cannabis so. If some if the county paid some money to walk up and look at their like for instance a deputy sheriff. And the Deputy came back and said Nope nothing there then the county wouldn't have to send out the a paper and that was to begin with. And. If you were an absentee owner and you were the victim of a crime of transparence and waste don't know when they're cutting down your trees they're grading the property. This is this is your property that somebody else is despoiling and destroying and it does seem like it be a good idea for law enforcement to catch them and for you to be compensated for your expenses because. You are going to have to do something to restore the land. Through the crime victims restitution for. Or perhaps a civil court a once of it the. Nuisance ficta Mz restitution fund set up by the county to pay for these things when the guilty party is not the party they're trying to find so the county could do the rehabilitation of your property with the fines that they got from the people who were actually doing bad things why don't they do that. Well if you want to get strange looks I recommend going to the planning to Portman asking for the owner asked for the code enforcement officer of the day and say Look . When you know the owner didn't do these things why don't you fix the property out of the proceeds from the people who did do these things and watch the expression on the person's face there you're going to see how things really work that idea is much further out than 15 no alarm when I'm home wage. It's probably more for out then health for all for your health care for everybody. It's it's so out of the box it's not even the same room as the book Ok never the West it's what they ought to be doing now the problem is is there's the county can pay somebody to look at aerial photographs of the property I don't know what they pay online say they pay you. 20 bucks an hour and once an hour they get a hint it's probably more of not put much just say once an hour they see a greenhouse they check the permits and it's not a permitted greenhouse and so they write up a notice and they send it and that's it cause nother $20.00 to write up the notice and. $6.00 to mail and register so we're already in $46.00 and maybe earn they hire someone to go out and nail to a treaty to Ok let's give them $100.00 it cost them 100 dollars to make a violation to send out a notice odds are good that they're going to make $10000.00 or more from having done it so there's plenty of spare money here this is a huge amount of money for very what work it as they say cost effective it makes the planning department what we would call a profit center which by the way I don't believe it's allowed to be. Now compare that with the cost of sending a few carloads the cops out there with their search warrant. And everything you were spending than maybe with counting the pensions and all the other stuff $75.00 per hour per car and. They're not going out there homo and in fact these days. What they like to do is bring along someone from couldn't force someone from fishing game and someone from Cal Fire you know if it were run and say a 1000 an hour to get all these people out there because of course the you can't train a policeman to see that or a pump in the creek at 0 you know you have to have an expert to do that so you're the expert says there's a pump in the creek that illegal and write up a report about how illegal who was and. That report is circulated amongst everybody who went there and they all read it and say you know that pump in the creek was Who were you so. Whatever else this is it's a jobs program so why don't we do that just the same and they answer is look at what it costs and if you do this in the criminal system you don't make the money back you not only don't make a profit. You don't have the time they don't catch the people they're not going to get anything. And if they do catch him on taller unless it's the owner they haven't got the money how could they have crops been destroyed so where are you where you war is justice in America is expensive it's expensive to produce and it's expensive to get involved and why not take a short cut and run through these nuisance laws and make a great deal of money. So you step on a few innocent people's toes and. Cause trouble for them. That's the price we pay for getting rid of the stuff and speaking of the stuff and speaking of phone calls 9 to 33 No I moved more and I think I mentioned that at the beginning that I'll mention it again because I've gotten through the meat of this and I'm ready to entertain callers if there are any callers out there who've been entertained by me Ok 923-3911 now where war while we were. Looking at the fact that these land use laws and nuisance laws are and in the run around the justice system an end run around the will of the people as we saw in the ballot the ballot initiative. They are so. And they are a huge profit center So what are we going to do about it well one thing well one thing for sure and I'm pretty sure I'm going to get this part done but I can do some back up and that irs. Put in here that transparence growers do not. Trigger automatic day one finds that the owner of the property for to trust peers go even if it's a repeat trespass Crow gets time to deal with it. Instead of just getting socked with the fine immediately because we've hand repeat trespass grows they have relatively little. Cost to the repeat Transfield screwer After all they're not paying rent the not sharing the profits with anybody. Frequently even the cops leave the greenhouses up in the water systems and so so we have a caller and how are you doing caller I am doing pretty. Well to you right well. Yeah pretty much whether I was. Here in Mendocino County I'm curious when we have a new sheriff in. Mendocino I think it's been spared the. Incidents in many ways Mendocino has better governed than humble they are not not entirely but in in many ways. So I really enjoy your program but if you were speaking my mind. I'm having just a hair of trouble making everything I know I heard about a true enjoying the show that's fabulous and I well I mean. I like that. All right. Thank you. Kay thank you for the call. All right he satisfied color lucky enough not to be living here in the county and having to deal with the problem. I think that if any of these points that I've made it seem. Useful that you might tell a stele. That you 2 think that. Owners should not be penalized for things they don't do that just seems. Way outside any theory of justice or anything one can tell them the trust payers group should be treated differently than owner caused I mean you're own a piece of property you get your bulldozer you do some grading you throw a progression as you're growing part and here comes your payment people Ok. You did it and there you are. With we can talk about the justice of the size of the fines but if you're the owner and you did it we can't talk about whether someone else should be fired but I recommend to you that you. Consider getting putting your voice in on these things because. Frequently these these pairs with nobody there there's not even nearly nobody to stand up and say wait a minute this is wrong. That and now I want to talk about the fundamental injustice behind this nuisance abatement stuff and that is found in 352 age. Wherever there wouldn't buy one human the definition of the coils for violation in that it says that illegal cannabis growing is a threat to the we see how they put the. Health safety comfort or general welfare of the boy that is nonsense this county economy ran on only one cannabis cultivation for many years and. The health safety world for uncomfort of the population seem to increase seem to go up we didn't have so many vacant stores in town. Our non profit for flourishing we were getting a lot of good things done. Any and. Here's a question if someone grows 100 pounds of it we've all cannabis and so was it so what where is the impact on the health safety well for comfort of the public there isn't more on the impact is on the county's ability to why use since cultivation just flight because nuisance of the Green House is not a nuisance except that you haven't paid the county a fee for that's the nuisance the grading in both cases is not a nuisance The nuisance is that it's on permit so. They should get real about this because. If people are growing it legally. What happened to the great enthusiasm that greeted the legalization of candles in humble County what happened to those throngs of people who are in there asking to get permits asking to pay taxes. $2500.00 of them signed up for permit signed up to get permits. What happened to those people I think 5 or 600 actually have permits and another. Maybe another few 100 permits are in the still in the works where that everybody else go and why didn't those thrones keep up why didn't everybody in the county come get a permit. Sing Hallelujah I'm a taxpayer and of on. And to answer that question or you have to do is look at the programming process it's expensive it takes a long time a great deal of the money you pay me is wasted and what obviously what they should have done was treated this more like fishing licenses and like nuclear power plants and you come in your Mom $100.00 or you feel license and there you go and they come inspect your land and you've got the pump in the creek well then you get popped. Nice and simple probably could have then. 90 percent legal or something will never order and stead of what they've gone which by all estimates and he says the months could be wildly off they've ended up with about. 10 percent of the cannabis growers in the county getting licenses the state is having similar problems the state income from we go marijuana is something like about a quarter of what they expected and one of the reasons is that the Weis and sing process. At the state level too has been a Miles expensive extensive. Thing. Let's imagine that it was necessary to do archaeological. Reviews of the land because your key ology is the history of the land it's the history of the country and the people who live in it and we don't want it destroyed Ok what's the reste effective way to do it the least effective way to do it is for each corps who won't have to have an expert come out on a different day to inspect a relatively small part of the county 40 acres 20 acres 80 years right a much more sensible way to do it would be for the county among other things to hire an archaeological expert who does the whole watershed he does the world for sure and it's those there's stuff here you can't plant here. In fact coaches supposed to do when they find the site it is fenced off and. And there you go Ok we don't do that what about the Biological Survey What about that soils survey Although actually you go in the county g.i.s. There's already soils information on there they know what stable and what's not and they've got plenty more information from the well drilling casts Oh. But. I imagine that they do need that Ok they hire someone Watership by water should they come through and do the soil is just going. Much more efficient much cheaper in the long run and we're here very unlikely to happen it's another one of those things and go to the Board of Supervisors and say you guys hire someone to do this because it will be cheaper and better for us all and you get one of those you must be crazy looks. We have a caller Hey caller I get a really really great show or you have a question did you happen to be in the red we're time I think that Rick. County group mortality rate. And from 20 to 27 And do you think that this county is. Any good do it READY. The population you know what like what's that mortality rate from our from drug from drugs you know broke don't drug. Struve. Yeah Paula you know that. I did not know that well I'm going to avoid answering to that statistic Yeah yeah so I've been studying that the relationship between stress and disease and it's that kind of you know scenario there you know I just try to be. Wondered if you thought of that and all the stress the county causing you get that lining it perfectly so thank you already thank you that's really interesting about the stroke because I think of stroke as occurring more frequently in the old early and. We are not really over time and community appearing Abo on although many of us have gotten old when we're living here but this is not. Palm Springs or something where all the old folks go to. Live out their golden years so that's strange I don't think nothing comes to mind that explains that statistic so we'll have to see we got another caller Yeah Ok put them on. High Caller Oh you're on the air I was just calling. You know it always strikes me. That the county you know operates on a. Terrible double standard you know all the. Other people to you know one standard and then and felt completely their standard and I guess what I mean by that is. Well everyone. Which isn't bad but. If you look at. Look at their road network talk about potential. Public health I think we all can recognise places where public health is at risk. And then number 2 I wanted to bring. That level. About. Ownership of that property. Now they couldn't maintain it but they sure can tear it down and build a. 1000000 dollar complex. They're not holding up. They're going out of style. I mean I think that has already been argued right amount of the fine. And reasonable you know for instance if you if you can't afford to pay these ridiculous fine then you lose your property like there's you know they're right if it hasn't been argued watch the courts the sparring because of got some of these cases coming up and you're absolutely right the fines are Reach unconstitutional levels quite quickly and in defense of the county let me say they've put in a number of new cold for just only older point road so that's a good thing the county did. And as far as the death toll that the county was from sponsible maintain it and the county didn't what would you propose how would you propose we deal with the. I would propose somebody to the county or to. Either give up the property or. Is the vet's whole think civil mill it is it is fixable. Them out of money that they were saying it needed I can't remember if it was 400000 or something but that you know. The county was on the hook to fix that roof to begin with we're told many times over the course of. Repairing and they failed to do so. Ok. It doesn't seem like they're holding up their end of the bargain to not maintain it and then to really do it to you know on repairs I agree with you on repair I agree with you and those are interesting point I've got one more caller ticket in before the going to the show again Q 3 or so and Ok see you later high color you will need your. Well. If you're not you will be. A low hi hello hello. Hello I'm just getting jibberish all don't know yet how to get on good you're on the air with a lot of noise. Just because you are you having a party who we've lost to get in on it's 758 I think we're just about out of time here to. Real quick because somebody soon. Got anybody Hey Bonnie said me. You Hello Hi Well I'm not I'm not sure if on common through your barely coming through oh Ok yes. What I want to commend him is we are witnessing. Encourage. We're transference of property etc to people with more money it happens everywhere are with the planet now and here is a perfect example. Property and I'm broke Candy thank you. Both. So accurately All right thank you for the call that's it for callers That's it for the show I'll be back on the 4th Thursday of January and I hope on the 4th Thursday many months to come so. All right well support the team much thanks to the connection for their support of our community radio station for 29 years they have interviewers of sustainable hams clothing for men women and children they also carry body care products paper and books they have connection is open Monday through Saturday 10 30 am to 5 30 pm and Sunday 11 to 4 at the corner of Maple Lane and Redwood drive in Garberville they can be reached at 923-4851. That is the top of the hour again this is the 8 o'clock hour and stay tune for the classical show Thursdays classical coming right up this is k m u d Garberville 91 point one f.m. . Eureka 88 point one f.m. . Laytonville 90.3 f.m. And translator k 25 b.q. Shelter coo that's 99.5 f.m. Now remember we're also on the Web That's came a dot org that spread that word around the world.
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