Pubdate: Fri, 21 Sep 2012 Source: Orland Press-Register (Willows, CA) Copyright: 2012 Freedom Communications Contact: http://www.orland-press-register.com/sections/letters/ Website: http://www.orland-press-register.com/ Details: http://www.mapinc.org/media/4872 Author: Rick Longley CITY CRACKS DOWN ON ILLEGAL GROW SITES Orland is cracking down on illegal marijuana cultivation within the city limits. City Manager Peter Carr said four residential grow sites were cited and abated this month following citizen complaints investigated by the Police Department. He made the announcement Monday night at the City Council meeting after a resident complained about a marijuana grow possibly being on Orland's old dump property on County Road E. Duane Massa said he owned property nearby and wondered if the council was aware of the situation. Carr said he and city staff looked into the issue, but it is unclear if the marijuana garden is on the city's property. The garden in question is along the west edge of the old city dump, Carr said, "but it is not clear to us if it is on it (dump land) or the edge." Carr added, the fence lines are not clear, and a landowner to the west says it is on his property put in by a tenant. "He is not happy about it," Carr said. Since the parcel is in Glenn County, it is up to the Glenn County Sheriff's Office to look into the matter, city officials said. Carr said the sheriff was informed about the site. "It is not the landowner's marijuana?" Councilman Dennis Hoffman asked. The tenants are growing it, Orland Police Chief J.C. Tolle said. Glenn County Undersheriff Richard Warren said his narcotics staff investigated the marijuana site and determined it to be in compliance with the medical marijuana law - assuming it is on private property. If it is on the city's land, he said his office would work with Orland to get a cease and desist order and remove it. However, he has not heard back on the land's status. Proposition 215 allows California residents to grow small amounts of marijuana for medical conditions if they have a card signed by a doctor. Vice Mayor Charles Gee asked if the property owner should be responsible for it, and Tolle said if it were in violation of the law, he would be. Orland enacted its own medical marijuana ordinance this spring after extending temporary ordinances since 2009. It calls for the medical marijuana to be grown in a separate building from the residence of a card-holding patient that has locked doors and a security alarm. If the building is a greenhouse, it shall be surrounded by a 6-foot high solid fence located within 10 feet of building with a lockable gate. Structures must be in the rear yard of the residence and sit back at least 10 feet from the side and rear property lines where possible. The building also must be ventilated, so the odor does not go out to neighbors. Carr said in one Orland case, the resident removed the plants when faced with the city's fine of $1,000 per day. The other three residents built secure and ventilated buildings around the grow, bringing them into compliance with Orland's ordinance banning outdoor cultivation of marijuana in February, he said. The sight and smell of marijuana - in any form - are deemed public nuisances, according to city code. This allows city staff to enforce nuisance abatement - including daily fines of $1,000 a day if failing to comply within 48 hours of an abatement notice, officials said. An administrative hearing would be held to determine the penalties. Repeat instances of non-compliance within 12 months result in automatic fines. Orland also banned the establishment of medical marijuana dispensaries, collectives and cooperatives within the city limits in February as well. - --- MAP posted-by: Jay Bergstrom