RESOLUTION NO. 2024-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, ADOPTING RESOLUTION NO. 2024-09, AMENDING THE CITY-WIDE ADMINISTRATIVE BAIL SCHEDULE WHEREAS, the administrative bail schedule was originally adopted via Resolution No. 2002-42; and WHEREAS, the City of Hesperia is responsible for enforcement of the Hesperia Municipal Code in its entirety; and WHEREAS, on April 16, 2024, the City Council heard and took action on Ordinance No. 2024-04, which amends Title 1, Title 8, and Title 16 of the Hesperia Municipal Code related to commercial cannabis enforcement; and WHEREAS, Assembly Bill No. 1684 (“AB 1684”) was signed by Governor Newsom in October 2023 and approved an act to amend Section 53069.4 of the Government Code that expands authorization for immediate imposition of administrative fines or penalties for all unlicensed commercial cannabis activity, including cultivation, manufacturing, processing, distribution, or retail sale of cannabis; and WHEREAS, unlicensed commercial cannabis activity is declared a public nuisance in Ordinance No. 2024-04; and WHEREAS, AB 1684 prohibits administrative fines or penalties exceeding $1,000 per violation and $10,000 per day; and WHEREAS, the Council wishes to amend the City-Wide Administrative Bail Schedule to comply with the new state law; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA, AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. The fines for violations set forth in Exhibit “A” are hereby adopted and shall be applied to the specified services. The effective date of this resolution shall be June 16, 2024.
Section 3. Interpretation of this resolution may be made by the City Manager or designee. When there are conflicts between fees, the lower fee shall be applied.
Section 4. If any section, sub-section, sentence, clause, or word in the resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution.
Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 16th day of April, 2024
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Larry Bird, Mayor
ATTEST:
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Erin Baum
Assistant City Clerk
Adopt Resolution No.2024-09, amending the City-Wide Administrative Bail Schedule