Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: March 19, 2024
Submitted By:
Jorge Duran, Code Enforcement Official
Subject:
Settlement Agreement between the City of Victorville and Jose Flores Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Jose Flores and City of Victorville in regard to Citation No. 28660 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City will recover its abatement costs of $8,124.28 and the sum of $40,735.72 in fines on the citation, for a total approved settlement amount of $48,860.00. Initial payment of $9,772.00 will be made within 15 days of the execution and ratification of the Agreement.
Thereafter, a payment agreement consisting of 17 monthly payments of $2,299.29, will start April 1, 2024, and continue through September 1, 2025.
The City will recover its abatement costs of $8,124.28 as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $8,124.28 The City will recover the sum of $40,735.72 in fines on the citation as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $40,735.72 Background:
On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include Section 13.150.060. VMC Section 13.150.060 became effective on January 1, 2020 and provides an administrative 3 5
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citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC Section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) allowable cannabis plants.
In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.
The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.
The administrative citation and fine process defined in VMC Section 13.150.060 is one way the City combats excessive cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.
Discussion:
Jose Flores owns a residential property in the City of Victorville at 13966 Rodeo Drive (“Property”). An excess cannabis cultivation operation was found inside the Property in August 2023. The City issued citation No. 28660 for the violation of VMC Section
13.150.060(c). The City’s Code Compliance, Police, and Building Departments abated the dangerous conditions present at the Property.
Pursuant to Closed Session discussions on February 6, 2024, Mr. Flores has accepted the terms of the settlement agreement wherein he agreed to pay to the City the sum of $48,860 and the City will waive the penalties, interests or other fees that have accrued since the issuance of the citation. Mr. Flores has brought the Property up to code and has finalized all the building permits issued in connection with the renovation of the Property.
Staff and the City Attorney’s office recommend approval of the attached Citation Settlement Agreement as it is consistent with the City Council direction given during the Closed Session portion of its February 6, 2024 meeting. 3 5
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Attachments: A. Citation Settlement Agreement