Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: July 15, 2025
Submitted By:
Andre de Bortnowsky, City Attorney
Subject:
Settlement Agreement between City of Victorville and Chu Fan Tan Recommendation:
That the Honorable City Council:
(1) Approve the Citation Settlement Agreement by and between Chu Fan Tan and the City of Victorville regarding Citation Number 22842; and (2) Authorize the City Manager to execute the Citation Settlement Agreement.
Fiscal Impact:
The City will recover its outstanding cost recovery fees of $829.13. This amount is allocated to the account as reflected below:
Account No. Description Amount
1004030-44350 Code Compliance – Cost Recovery $829.13
The City will recover the sum of $90,420.00 in fines on the Citation. This amount is allocated to the account as reflected below:
Account No. Description Amount
1004030-47140 Code Compliance – Admin Citations $90,420.00 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 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.
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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:
Chu Fan Tan owns property in the City of Victorville at 12445 Los Moras Lane (“Property”). An excess cannabis cultivation operation was found inside the Property in February of 2020 and the City issued Citation No. 22842 (“Citation”) to Chu Fan Tan for violation of VMC Section 13.150.060(c) in the amount of $91,600.00. The City’s Code Compliance, Police, and Building Departments abated the dangerous conditions present at the Property. Chu Fan Tan has previously partially paid cost recovery to the City related to the abatement of the excess cannabis cultivation at the Property in the amount of $3,234.53. The City will recover the remaining $829.13.
Pursuant to the authority conferred by the City Council to the City Attorney to waive penalties and offer a discount on the base fine amount, Chu Fan Tan has accepted the terms of the attached Citation Settlement Agreement wherein he will pay the City the sum of $91,249.13 and the City will waive the penalties, interest, and other fees that have accrued since the issuance of the Citation. Prior to the issuance of a rental property business license, Chu Fan Tan will be required to obtain a valid rehabilitation permit from the City's Building Department to bring the property into compliance in accordance with the City’s Building Code.
As the attached Citation Settlement Agreement is consistent with the authority previously given to the City Attorney by the City Council, Staff and the City Attorney’s Office 4 1
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respectfully recommend that the City Council approve the agreement and authorize the City Manager to execute same.
Attachments: A. Citation Settlement Agreement