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Title: 1 - General Provisions

Chapter: 60 - Administrative Citations

Section: 60 - Illegal Cannabis Cultivation Requiring a Notice of Violation

A. If a violation of the Code pertains to building, plumbing, electrical or other similar structural or zoning issue, and in the judgment of the Enforcement Official the violation does not create an immediate danger to health or safety but does exist as a result of, or to facilitate, the illegal cultivation of cannabis, an immediate citation may issue in accordance with section 1.60.40. However, a Notice of Violation and the procedures as stated in section 1.60.50 shall apply if all of the following are true:
1. A tenant is in possession of the property that is the subject of the administrative action.
2. The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
3. The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
B. This section shall not apply to cannabis cultivation that is lawfully undertaken pursuant to section 11362.1 of the Health and Safety Code and Chapter 90 of Title 7 of the Del Norte County Code.