Pubdate: Fri, 17 Jul 2015
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2015 Appeal-Democrat
Contact: 
http://www.appeal-democrat.com/sections/services/forms/editorletter.php
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343
Author: Eric Vodden

YUBA COUNTY SUSPENDS $34K POT PENALTY

The Rocklin-based owners of a Linda mobile home park have had a 
$34,000 penalty suspended for three years following the first appeal 
hearing under Yuba County's new marijuana cultivation ordinance.

Yuba County supervisors voted unanimously Wednesday to uphold a 
penalty imposed on Brikemen LLC, as owners of the Walnut Grove Mobile 
Home Park on Garden Avenue.

The hearing was the first of what is expected to be a string of 
appeals on alleged violations of the ordinance approved March 10 that 
bans outdoor marijuana grows.

Code enforcement officers said they found 98 outdoor plants being 
grown by Christerfer Suphasiang on the property during a June 8 
inspection. Suphasiang was also cited by code enforcement, Deputy 
County Counsel John Vacek said.

Supervisors suspended the $34,106 fine against Brikemen for three 
years on condition the corporation post a bond for the amount of the 
penalty minus $4,116 it has already paid. It is also contingent on 
there being no further code enforcement violations on the property.

As long as those conditions are met, the county won't file a lien on 
the property and the case will be closed at the end of three years.

In a June 22 letter to the county, Brikeman representative Brian 
Menhold said he had been trying for 45 days to get the tenants to 
remove the plants. He noted in the letter that under state law, the 
corporation is not allowed to remove the plants itself without facing 
criminal penalties and fines.

Along with banning outdoor marijuana grows, the county ordinance 
limits the number of indoor plants to 12 in a qualified accessory 
structure. The $34,106 penalty reflects enforcement costs accrued 
through the hearing, the staff report states.

Along with violating the outdoor ban, Brikemen LLC and Suphasiang are 
accused of failing to register the cultivation with the county and 
not growing the plants within a structure.

Two additional code enforcement hearings related to the marijuana 
cultivation ordinance are scheduled for later this month.
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MAP posted-by: Jay Bergstrom