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Ordinance No. 328u ORDINANCE NO. 328u AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING SECTION 15.04.040 OF THE CHINO HILLS MUNICIPAL CODE TO AMEND SECTION R111.3 OF THE 2016 CALIFORNIA RESIDENTIAL CODE TO AUTHORIZE THE CITY BUILDING OFFICIAL TO REMOVE AND/OR DISCONNECT SERVICE UTILITY WHEN THE HEALTH, SAFETY AND WELFARE OF THE GENERAL PUBLIC HAS OR WILL BE ENDANGERED BY VIOLATIONS OF THE CHINO HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines as follows: A. Article XI, § & of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic or aesthetic considerations; and B. Government Code § 38771 permits general law cities to identify public nuisances by ordinance; and C. The City's ability to abate public nuisances through it police powers is well- established (see, e.g., Civil Code§§ 3479 &3480; People ex rel. Gallo v.Acuna (1997) 14 Cal.4th 1090; People v. Greene (1968) 264 Cal.App.2d 774); and D. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that, "[n]othing in the CUA or MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak(2013) 221 Cal.App.4th 975, the Court of Appeal held that "there is no right - and certainly no constitutional right — to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of cannabis under its land use authority; and E. A statewide initiative entitled the "Control, Regulate and Tax Adult Use of Marijuana Act" ("AUMA") was approved by the voters on the November 2016 ballot. AUMA does not, and cannot, affect federal regulations as to cannabis or its derivatives; the AUMA expressly preserves local control over the regulation of cannabis-related businesses and cannabis-related land uses (Business & Professions Code § 26200, et seq.); and 1 of 7 F. There is a difference between legal indoor cultivation and illegal growing operations. In order to facilitate illegal growing operations ("grow houses"), residences are physically altered (i.e., walls, kitchens and bedrooms removed) without permits to create the space needed to produce marijuana in excess of that which is allowed by law(i.e., six plants per residence). Furthermore, indoor cultivation of cash crops such as marijuana, often unattended, has potential to cause harm to persons and property in that the use of high wattage grow lights, use of filtering devices to hide odors and excessive use of electricity increases the risk of fire which presents a distinct risk of harm to the building, its occupants and neighboring residents. Because the residences are purchased or rented often with the sole intention of growing excessive amounts of cash crops, the properties are often not adequately maintained or cared for, the exterior maintenance of the property is often neglected and contaminants from insecticides, herbicides and fertilizers are often flushed down the drain/waste system and introduced into the City's sewer system. Large scale marijuana grow houses are frequently linked to organized crime resulting in absentee owners that cannot be located; and G. In addition to the negative effects recited above, large-scale indoor marijuana cultivation can attract crime, lead to fires, expose minors to marijuana, negatively impact neighborhoods, damage buildings, require dangerous electrical alterations and use, and create the nuisance of strong and noxious odors. (White Paper on Marijuana Dispensaries, California Police Chiefs Association's Task Force on Marijuana Dispensaries, April 22, 2009, p. 12.) H. The City's Police Department has recently identified at least five (5) "marijuana grow houses" operating within the City. While some of the owners of "grow houses" have complied with "red tags" prohibiting entry posted by the Building Official and are properly seeking permits to assess and remediate the structure, at least one unremediated grow house has been observed to be inhabited again without approval by the Building Official. I. Buildings where marijuana is cultivated are often illegally wired and have overloaded electrical systems that result in fires. Within the last seven months, there have been at least seven reported incidents of indoor marijuana cultivation sites causing fires in California, including within the City of Chino Hills: 1 . In August 2017, equipment used to grow marijuana indoors triggered an electrical fire in a home located in Pinole; 2. In November 2017, a fire in a residence in Sacramento was caused by the indoor cultivation of marijuana; 3. In November 2017,faulty wiring (in an attempt to bypass an electrical meter) used to facilitate the cultivation of marijuana indoors caused a fire at a residence within the City of Chino Hills; 2 of 7 4. In January 2018, a bypassed electrical meter(used to provide power to marijuana grow lights) resulted in a fire at a home in San Jose; because the firefighters could not locate and disconnect the electricity to the home (as a result of the attempted bypass) the fire took longer to put out and nearly destroyed the entire home; 5. In January 2018, in Oakland, a fire in a detached garage was caused by the indoor cultivation of marijuana; 6. In January 2018, in Jurupa Valley, a marijuana-grow-house fire resulted in a victim being trapped within the burning residence behind security doors (which had been constructed within the grow house to protect the marijuana crops); and 7. On May 5, 2018, electrical issues resulted in a fire in Merced caused by the indoor cultivation of marijuana. J. In accordance with Government Code Section 36934 and 36937(b), the City Council finds that this ordinance must be adopted on an urgency basis to preserve the public peace, health and safety. The immediate adoption of this ordinance is necessary to protect the public from negative impacts resulting from illegal growing operations recently discovered inside residences in the City. Buildings that have been used as "grow houses" often contain significant health and safety hazards. Substantial damage and hazardous conditions found in these buildings can include structural problems, electrical tampering, chemical contamination, increased levels of combustion gases, and abundant growth of visible and hidden molds. To ensure that a proper building assessment and remediation plan is developed and implemented prior to buildings used as "grow houses" being inhabited again, shutting off the utilities is more effective than merely "red-tagging" a structure; and K. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare including, without limitation, matters that devalue real property; and L. A review of the Chino Hills Municipal Code ("CHMC") shows that it is desirable to update the remedies and procedures related to the enforcement of the CHMC in order to abate public nuisances resulting from non-compliance with the California Residential Code including illegal "grow houses." SECTION 2. Under the "Scope and Application" heading in CHMC Section 15.04.040 (Amendments to the California Residential Code) of Chapter 15.04 (California Construction Codes) of Title 15 (Building and Construction), the sequential collection of amendments are hereby amended to add an amendment to Section R111.3 of the 2016 California Residential Code, to read as follows: 3 of 7 "Section R111.3 of the 2016 California Residential Code is hereby amended to read as follows: Authority to disconnect service utilities. The building official is authorized and empowered to cause or order the disconnection of utility service to the building, structure, premises, equipment, fixture, device or system regulated by this code or by the referenced codes and standards set forth in Section R102.4 through use of locks or similar devices (i)where necessary to eliminate an immediate hazard to life or property; (ii)when such building, structure, premises, equipment, fixture, device or system, or any utility service thereto, has been installed, equipped, altered or used without requisite approvals, permits or inspections such that conditions are created which endanger health and safety; or (iii) where such utility connection has been made without the approval required by Section R111.1 or R111.2. The building official must attempt to notify the serving utility and where possible the owner or the owner's authorized agent and occupant of the building, structure, premises, equipment, fixture, device or system of the decision to disconnect at least twenty-four hours prior to taking such action by serving the owner or the owner's authorized agent and occupant with such notice by overnight courier and U.S. mail and by posting the notice on the property. The building official may dispense with any attempt at prior notification if, in the sole discretion of the building official, the nature or severity of the hazard justifies such action without notice. Where notification has not been made prior to disconnection, the building official must notify the owner, the owner's authorized agent or occupant of the building, structure, premises, equipment, fixture, device, or system of the disconnection, in writing, as soon as practical thereafter, by serving the owner or the owner's authorized agent and occupant with such notice by overnight courier and U.S. mail and by posting the notice on the property. Utility service may only be restored upon permission of the building official following a determination that the health and safety issues at the building, structure, premises, equipment, fixture, device, or system have been adequately addressed. In the event that any disconnected water meter has subsequently been tampered with and/or water service has unlawfully or impermissibly been restored to the building, structure, premises, equipment, fixture, device, or system, the building official is authorized and empowered to cause or order the removal of the water meter. The City Council shall, by resolution, establish fees for the disconnection of a utility service and subsequent monitoring and inspection for reconnection of the service by the building official under the provisions of this section." SECTION 3. Compliance with Health &Safety Code. Adoption of this amendment does not require the City to make express findings that the modifications/changes proposed to the California Residential Code are reasonably necessary because of local climatic, geological, or topographical conditions because the proposed Ordinance is a procedural amendment relating to the City's ability to enforce code violations civilly, administratively, or criminally; as such, it is not a "building standard" subject to the requirements of Health & Safety Code §§ 17958.5 and 17958.7 (55 Op.Atty.Gen. 157, 4-12-72; see also Guide for Local Amendments of Building Standards (July 2016) published by the Cal. Buildings Standards Commission). 4 of 7 SECTION 4. Compliance with CEQA. Adoption of this Urgency Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Urgency Ordinance may have a significant effect on the environment. The proposed Urgency Ordinance consists of clarifications to existing remedies and procedures related to the enforcement of the Chino Hills Municipal Code. Enactment of this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance is an action being taken for enhanced protection of the environment. SECTION 5. Inconsistencies. Any provision of the Chino Hills Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effectuate the provisions of this Ordinance. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino Hills hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 7. The City Clerk is directed to certify the passage and enactment of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and enactment in the records of this meeting; and, within fifteen (15) days after the passage and enactment of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 8. Declaration of Urgency. Based on the findings set forth in Section 1, this is an urgency ordinance adopted for the immediate preservation of the public peace, health and safety. This Ordinance is adopted by a four-fifths vote and will become effective immediately upon adoption pursuant to Government Code section 36937(b). 5 of 7 INTRODUCED, APPROVED, AND ADOPTED this 22nd day of May, 2018. PETER . RO ERS, I (YOR ATTEST: CHERYL , CIT?CERK APPROVED AS TO FORM . ;17 MARK D. HENSELY, CITY ATTORNEY 6 of 7 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, Cheryl Balz, City Clerk of the City of Chino Hills, do hereby certify that the foregoing Urgency Ordinance No. 328u was introduced and adopted by the City Council of the City of Chino Hills at a regular meeting held on the 22nd day of May, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BALZ;OITICLERK I hereby certify that the foregoing is the original of Urgency Ordinance No. 328u duly passed and adopted by the Chino Hills City Council at their regular meeting held on May 22, 2018, and that the Urgency Ordinance in its entirety was published on May 26, 2018 in the Chino Hills Champion newspaper. CHERYL BALZ, CITY CLERK 7 of 7 470 City of Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING SECTION 15.04.040 OF THE CHINO HILLS MUNICIPAL CODE TO AMEND SECTION R111.3 OF THE 2016 CALIFORNIA RESIDENTIAL CODE TO AUTHORIZE THE CITY BUILDING OFFICIAL TO REMOVE AND/OR DISCONNECT SERVICE UTILITY WHEN THE HEALTH, SAFETY AND WELFARE OF THE GENERAL PUBLIC HAS OR WILL BE ENDANGERED BY VIOLATIONS OF THE CHINO HILLS MUNICIPAL CODE attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 25th of May, 2018. 1 CHERYL BALZ -e(TY CLEAK ` Public Notice -City of Chino Hills Urgency Ordinance No. 328u PUBLIC NOTICE OF ADOPTION OF (as a result of the attempted bypass) 1 Ordinance is not subject to review PROOF OF PUBLICATION CITY OF DCHINO NAN HILLS the fire took longer to put out and under the California Environmental URGENCY ORDINANCE NO.328u nearly destroyed the entire home; Quality Act ("CEQA") under CEQA 5. In January 2018, in Guidelines section 15061(b)(3) .NOTICEISHEREBYGIVENthaton Oakland, a fire in a detached garage because it can be seen with certainty May 22, 2018, the City Council of the was caused by the indoor cultivation of that there is no possibility that the STATE OF CALIFORNIA City of Chino Hills adopted Urgency marijuana; Urgency Ordinance may have a Ordinance No.328u entitled: -6. In January 2018, in Jurupa significant effect on the environment. County of San Bernardino AN URGENCY ORDINANCE OF Valley, a marijuana-grow-house fire The proposed Urgency Ordinance THE CITY COUNCIL OF THE CITY resulted in a victim being trapped consists of clarifications to existing OF CHINO HILLS, CALIFORNIA, within the burning residence behind remedies and procedures related to I am a citizen of the United States and a resident of the • AMENDING SECTION 15.04.040 security doors (which had been the enforcement of the Chino Hills OF THE CHINO HILLS MUNICIPAL constructed within the grow house to Municipal Code. Enactment of this County aforesaid; I am over the age of eighteen years, and CODE TO AMEND SECTION protect the marijuana crops);and Ordinance will not have the effect of R111.3 OF THE 2016 CALIFORNIA 7. On May 5, 2018, electrical deleting or substantially changing not a party to or interested in the above entitled matter. I RESIDENTIAL CODE AUTHORIZING issues resulted in a fire in Merced any regulatory standards or required THE BUILDING OFFICIAL TO caused by the indoor cultivation of findings. This Ordinance is an action am the principal clerk of the publisher of the CHINO DISCONNECT SERVICE UTILITIES marijuana. being taken for enhanced protection of AND REMOVE WATER METER IF J. In accordance with Government the environment. CHAMPION, a newspaper of general circulation, printed and VIOLATIONS EXIST RESULTING IN Code section36934and36937(b), SECTION 5. Inconsistencies. THE HEALTH AND SAFETY BEING the City Council finds that this Any provision of the Chino Hills published weekly in the City of Chino, County of San ENDANGERED ordinance must be adopted on Municipal Code or appendices thereto THE CITY COUNCIL OF THE an urgency basis to preserve the I inconsistent with the provisions of Bernardino, and which newspaper has been adjudged a CITY OF CHINO HILLS DOES HEREBY public peace, health and safety. this Ordinance, to the extent of such ORDAIN AS FOLLOWS: The immediate adoption of this inconsistencies and no further, is newspaper of general circulation by the Superior Court of the SECTION 1. The City Council ordinance is necessary to protect hereby repealed or modified to that finds and determines as follows: the public from negative impacts extent necessary to effectuate the County of San Bernardino, State of California, under the date A. Article XI, § & of the California resulting from illegal growing provisions of this Ordinance. Constitution empowers the City operations recently discovered SECTION 6. Severability. If any of August 5, 1952, Case Number 73453; that the notice, of to enact and enforce ordinances inside residences in the City. section,subsection,sentence,clause, regulating conditions that may Buildings that have been used phrase or portion of this Ordinance which the annexed is a printed copy (set in type not smaller be public nuisances or health as "grow houses" often contain is for any reason held to be invalid hazards, or that promote significant health and safety or unconstitutional by the decision of than nonpareil), has been published in each regular and social, economic or aesthetic hazards. Substantial damage any court of competent jurisdiction, considerations;and and hazardous conditions such decision shall not affect the entire issue of said newspaper and not in any supplement B. Government Code § 38771 found in these buildings can validityof the remaining permitsg portionsul thereof on the following dates, to-wit: identifygeneral nuisances to includel structuralmpeiproblems, of this Ordinance. The City Council publicby electrical tampering, chemical of the City of Chino Hills hereby ordinance;and contamination, increased levels declares that it would have adopted May26, all in the 2018 C. The City's ability to abate public ! of combustion gases, and this Ordinance and each section, year nuisances through it police abundant growth of visible and subsection, sentence, clause, phrase, powers is well-established (see, hidden molds. To ensure that a or portion thereof, irrespective of the e.g., Civil Code §§ 3479 & 3480; proper building assessment and fact that any one or more sections, People ex rel. Gallo v. Acuna remediation plan is developed subsections, sentences, clauses, I certify (or declare) under penalty of perjury that the (1997) 14 Cal.4th 1090; People and implemented prior to phrases or portions be declared invalid v. Greene(1968)264 Cal.App.2d buildings used as "grow houses" or unconstitutional. foregoing is true and correct. 774);and being inhabited again,shutting off SECTION 7. The City Clerk is D. In City of Riverside v. Inland the utilities is more effective than directed to certify the passage and Empire Patients Health and merely "red-tagging" a structure; enactment of this Ordinance;cause it to Dated at Chino, California, this 26th day of ! Wellness Center, Inc. (2013) and be entered into the City of Chino Hills's 56 Cal.4th 729, the California K. It is in the public interest for the book of original ordinances; make a May 2U Supreme Court held that, In] City to take appropriate actions note of the passage and enactment in y othing in the CUA or MMP j to protect citizens and their the records of this meeting;and,within tN �! /� expressly or impliedly limits property from conditions that fifteen (15) days after the passage ithe inherent authority of a local threaten public health, safety, and enactment of this Ordinance, • jurisdiction,by its own ordinances, and welfare including, without cause it to be published or posted in • to regulate the use of its land..." limitation, matters that devalue accordance with California law. ` \ c� y Additionally, in Maral City of real property;and SECTION 8. Declaration of v 1 v.) (Signature) MAY 3 1 2018 Live Oak(2013) 221 Cal.App.4th L. A review of the Chino Hills Urgency.Basedonthefindingssetforthin 975,the Court of Appeal held that Municipal Code("CHMC")shows Section 1, this is an urgency "there is no right-and certainly no j that it is desirable to update the ordinance adopted for the immediate Suzanne Rojas constitutional right - to cultivate remedies and procedures related preservation of the public peace, medical marijuana..." The Court to the enforcement of the CHMC health and safety. This Ordinance is in Maral affirmed the ability of in order to abate public nuisances adopted by a four-fifths vote and will a local governmental entity to resulting from non-compliance become effective immediately upon prohibit the cultivation of cannabis with the California Residential adoption pursuant to Government under its land use authority;and Code including illegal "grow Code section 36937(b). CChampion E. A otn"Control, a iuiti e e entax the houses." INTRODUCED, APPROVED "Control, Regulate and Tax Adult SECTION 2. Under the "Scope AND ADOPTED at a regular meeting Use of Marijuana Act" ("AUMA") and Application" heading in CHMC of the City Council of the City of Chino was approved by the voters on Section 15.04.040 (Amendments to Hills, California this 22nd day of May, the November 2016 ballot. AUMA the California Residential Code) of 2018. Serving the Chino Valley and Chino Hills does not, and cannot, affect Chapter 15.04(California Construction Urgency Ordinance No. 328u federal regulations as to cannabis Codes) of Title 15 (Building and was adopted by the City Council by or its derivatives; the AUMA Construction), the sequential the following vote: expressly preserves local control collection of amendments are hereby Ayes: Rogers,Moran,Bennett, 9th & D Streets • P.O. Box 607 over the regulation of cannabis- amended to add an amendment to Johsz, Marquez related businesses and cannabis- Section R111.3 of the 2016 California Noes: None Chino, California 91708 related land uses (Business & 1 Residential Code,to read as follows: A certified copy of the full text of Professions Code § 26200, et "Section R111.3 of the 2016 the Ordinance is available for review Phone: (909) 628-5501 seq.);and California Residential Code is hereby in the office of the City Clerk, City of F. There is a difference between amended to read as follows: Chino Hills, 14000 City Center Drive, legal indoor cultivation and illegal ; Authority to disconnect Chino Hills. growing operations. In order to service utilities. The building official DATED: May 23,2018 Adjudicated August 5, 1952 facilitate illegal growing operations is authorized and empowered to s/CHERYL BALZ,CITY CLERK g ("grow houses"), residences are cause or order the disconnection of PUBLISH: Chino Hills Champion Case No. 73453 physically altered (i.e., walls, utility service to the building,structure, Saturday,May 26,2018 400-18 kitchens and bedrooms removed) premises,equipment,fixture,device or without permits to create the space system regulated by this code or by the needed to produce marijuana in referenced codes and standards set excess of that which is allowed by forth in Section R102.4 through use law(i.e.,six plants per residence). ' of locks or similar devices (i) where Furthermore, indoor cultivation of necessary to eliminate an immediate cash crops such as marijuana, hazard to life or property; (ii) when often unattended, has potential I such building, structure, premises, to cause harm to persons and equipment, fixture, device or system, property in that the use of high or any utility service thereto, has been wattage grow lights, use of installed, equipped, altered or used filtering devices to hide odors without requisite approvals, permits and excessive use of electricity or inspections such that conditions increases the risk of fire which ! are created which endanger health presents a distinct risk of harm and safety; or (it) where such utility to the building, its occupants and ! connection has been made without neighboring residents. Because the approval required by Section the residences are purchased or R111.1 or R111.2. The building official rented often with the sole intention must attempt to notify the serving of growing excessive amounts utility and where possible the owner of cash crops, the properties are or the owner's authorized agent and often not adequately maintained occupant of the building, structure, or cared for, the exterior premises,equipment,fixture,device or maintenance of the property is system of the decision to disconnect at often neglected and contaminants least twenty-four hours prior to taking from insecticides, herbicides such action by serving the owner or and fertilizers are often flushed the owner's authorized agent and down the drain/waste'system and occupant with such notice by overnight introduced into the City's sewer courier and U.S. mail and by posting system. Large scale marijuana the notice on the property. The ' grow houses are frequently linked building official may dispense with any to organized crime resulting in 1 attempt at prior notification if, in the absentee owners that cannot be sole discretion of the building official, located;and . the nature or severity of the hazard G. In addition to the negative effects justifies such action without notice. recited above, large-scale indoor Where notification has not been made marijuana cultivation can attract prior to disconnection, the building crime, lead to fires, expose official must notify the owner, the minors to marijuana, negatively owner's authorized agent or occupant impact neighborhoods, damage of the building, structure, premises, buildings, require dangerous equipment, fixture, device, or system electrical alterations and use, of the disconnection, in writing, as and create the nuisance of 1; soon as practical thereafter,by serving strong and noxious odors. the owner or the owner's authorized (White Paper on Marijuana agent and occupant with such notice Dispensaries, California Police by overnight courier and U.S.mail and Chiefs Association's Task Force I by posting the notice on the property. on Marijuana Dispensaries, April Utility service may only be restored 22,2009,p. 12.) upon permission of the building official H. The City's Police Department following a determination that the• has recently identified at least health and safety issues at the building, five (5) "marijuana grow houses" structure, premises, equipment, operating within the City. While fixture, device, or system have been some of the owners of "grow adequately addressed. In the event houses" have complied with "red j that any disconnected water meter tags" prohibiting entry posted !: has subsequently been tampered with by the Building Official and are and/or water service has unlawfully properly seeking permits to assess or impermissibly been restored to and remediate the structure, at the building, structure, premises, least one unremediated grow ' equipment, fixture, device, or system, least one unremediated grow . equipment, ixture, evice, or system, house has been observed to be the building official is authorized and inhabited again without approval empowered to cause or order the • by the Building Official. removal of the water meter. The City I. Buildings where marijuana is Council shall, by resolution, establish cultivated are often illegally wired I fees for the disconnection of a utility and have overloaded electrical service and subsequent monitoring . systems that result in fires. Within and inspection for reconnection of the the last seven months,there have j service by the building official under been at least seven reported the provisions of this section." incidents of indoor marijuana SECTION 3. Compliance with cultivation sites causing fires in Health & Safety Code. Adoption of California, including within the this amendment does not require the City of Chino Hills: City to make express findings that the • 1. In August 2017, equipment modifications/changes proposed to I used to grow marijuana indoors the California Residential Code are triggered an electrical fire in a home reasonably necessary because of local located in Pinole; climatic, geological, or topographical 2. In November 2017,a fire in a conditions because the proposed residence in Sacramento was caused Ordinance is a procedural amendnnt by the indoor cultivation of marijuana; relating to the City's ability to enforce 3. In November 2017, faulty code violations civilly, administratively, ' wiring (in an attempt to bypass an or criminally; as such, it is not a electrical meter) used to facilitate the "building standard" subject to the`; l • cultivation of marijuana indoors caused requirements of Health&Safety Code ' a fire at a residence within the City of I §§ 17958.5 and 17958.7 (55 Op.Atty. Chino Hills; i Gen. 157, 4-12-72; see also Guide 4. In January 2018,a bypassed for Local Amendments of Building electrical meter(used to provide power I Standards (July 2016) published • to marijuana grow lights) resulted in a by the Cal. Buildings Standards I i fire at a home in San Jose; because Commission). the firefighters could not locate and SECTION 4. Compliance with disconnect the electricity to the home CEQA. 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