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PN-City Council - Urgency Ordinance 328u - Lock-Off Utilities Remove Water Meter PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS URGENCY ORDINANCE NO.328u NOTICE IS HEREBY GIVEN that on May 22, 2018, the City Council of the City of Chino Hills adopted Urgency Ordinance No.328u 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 AUTHORIZING THE BUILDING OFFICIAL TO DISCONNECT SERVICE UTILITIES AND REMOVE WATER METER IF VIOLATIONS EXIST RESULTING IN THE HEALTH AND SAFETY BEING ENDANGERED 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 Ca1.4th 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 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; 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: "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). 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). INTRODUCED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Chino Hills, California this 22nd day of May,2018. Urgency Ordinance No. 328u was adopted by the City Council by the following vote: Ayes: Rogers,Moran,Bennett,Johsz, Marquez Noes: None A certified copy of the full text of the Ordinance is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive,Chino Hills. DATED: May 23,2018 s/CHERYL BALZ,CITY CLERK PUBLISH: Chino Hills Champion Saturday, May 26,2018