Share to Facebook Share to Twitter Bookmark and Share
File #: 15-1359    Version: 1 Name: Appeal of administrative citation (Ord. s. 10.60.060)
Type: Agenda Item Status: Denied
File created: 8/18/2015 In control: Sheriff - Coroner
On agenda: 9/15/2015 Final action: 9/15/2015
Enactment date: Enactment #:
Title: Consider and take action on appeal of administrative citation in the amount of $71,000, filed by Prom Damlong, pertaining to the property located at 2746 E. Avenell, Fresno, CA, APN 042-243-07, for violation of Fresno County Ordinance Code section 10.60.060 of Title 10, Medical Marijuana Cultivation Regulations.
Attachments: 1. Agenda Item, 2. Exhibits A -Map of Property, B - Citation, C - Request for Hearing (Damlong), 3. Exhibits D - Incident Report, E - Notice of Hearing, F - Photos (Damlong), 4. Additional Information
DATE: September 15, 2015

TO: Board of Supervisors

SUBMITTED BY: Margaret Mims, Sheriff-Coroner

SUBJECT: Appeal of Administrative Penalties for Violations of Fresno County Medical Marijuana Ordinance

RECOMMENDED ACTION(S):
TITLE
Consider and take action on appeal of administrative citation in the amount of $71,000, filed by Prom Damlong, pertaining to the property located at 2746 E. Avenell, Fresno, CA, APN 042-243-07, for violation of Fresno County Ordinance Code section 10.60.060 of Title 10, Medical Marijuana Cultivation Regulations.

REPORT
The $71,000 citation was issued pursuant to Fresno County Ordinance Code section 10.64.040. The County's Ordinance Code includes a process for appealing such a citation. An appeal must be made within 15 days from the date the citation is issued. The appeal by Prom Damlong was made within 15 days of when he was cited.

ALTERNATIVE ACTION(s):

An order denying the appeal is appropriate if your Board upholds the imposition of an administrative penalty in the amount of $71,000 against Prom Damlong (hereafter, the "Appellant"). Alternatively, your Board may deny the appeal, but reduce the administrative penalty. Finally, your Board may determine that the Appellant was not a responsible party, and grant the appeal by dismissing the citation.

FISCAL IMPACT:

There is no new net County cost associated with the recommended action. Staff costs associated with enforcement and administration of Fresno County Ordinance Code section 10.60.060 - Medical Marijuana Cultivation Regulations is being absorbed within the Sheriff's Org 3111 Adopted Budget.

DISCUSSION:

Summary of Facts:

Date of Citation: August 12, 2015

Number of Marijuana Plants:71

Amount of Citation: $71,000

Person Cited: Prom Damlong (owner)

Person Not Cited: Ken Damlong

Location of Property: 2746 E. Avenell, Fresno, California 93725
APN 042-243-07 (the "Property")

Disposition of Plants: Eradicated by st...

Click here for full text