Item Number: 8
City Council / Board of Directors
Consent Calendar
Meeting of: May 7, 2024
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between the City of Victorville and Janet Kwan Recommendation:
That the Honorable City Council approve the Citation Settlement Agreement by and between Janet Kwan and the City of Victorville in regard to Citation No. 23357 and authorize the City Manager to sign the Citation Settlement Agreement.
Fiscal Impact:
The City recovered initial abatement costs of $3,452.66 on July 30, 2021. This amount was allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $3,452.66 The City has recovered the sum of $50,820.00 in fines and a sum of $665.48 in additional cost recovery (the “Settlement Amount”). This amount was allocated to the accounts as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $665.48
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $50,820.00 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 3 6
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section 13.150.060 became effective on January 1, 2020 and provides an administrative 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:
Janet Kwan owned residential property in the City of Victorville at 12496 Los Pinos St. (“Property”). An excess cannabis cultivation operation was found inside the Property in February 2020. The City issued citation No. 23357 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 20, 2024, Ms. Kwan has accepted the terms of the settlement agreement wherein she agreed to pay to the City the sum of $50,820.00 and the City will waive the penalties, interest or other fees that have accrued since the issuance of the citation. Ms. Kwan has sold the Property and the City has entered into a property compliance agreement with the buyer of the Property to ensure that any outstanding code violations are timely remediated. 3 6
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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 to staff during the Closed Session portion of its February 20, 2024 meeting.
Attachments: Attachment A - Citation Settlement Agreement