Pubdate: Thu, 08 Oct 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: Monica Vaughan JUDGE OVERTURNS $16,000 POT PENALTY A judge ordered the Yuba County Board of Supervisors to revoke a $16,000 nuisance abatement penalty imposed on the landlords of an Olivehurst property where a marijuana garden was found. Yuba County Superior Court Judge Stephen W. Berrier filed the order on Friday in response to Jon and Amy Messick's legal challenge filed in May. Jon Messick is a former county planning commissioner. A marijuana garden violated a county nuisance ordinance on the Messicks' property in the 4600 block of Ardmore Avenue. The Messicks were informed of the violation on Sept. 22, 2014, and the violation was corrected by Sept. 26, 2014. The board held a hearing in February and approved a $15,974 assessment against the Messicks' property for daily administrative penalties. The Messicks challenged the fee during the hearing and later in court. "Luckily, in our system, we have a judge who knows the law, can follow that law and can make sure that any government entity, especially Yuba County Board of Supervisors, do not run roughshod over their citizens, and that's what they've been doing with the marijuana ordinance," said the Messicks' lawyer, Roberto Marquez. "They want to generate revenue, and that's what they're doing," he said. Marquez had said the county is holding property owners liable for the sins of the tenants, and property owners are subject to civil liability if they violate tenant rights. "All they can do is request action," Marquez said. He noted it takes 30 to 90 days to kick tenants out. In his order, Berrier cited county code that provides an exception to an owner's responsibility to abate a public nuisance if the owner "did not cause, permit, or otherwise allow the existence of the violation and cannot legally abate said violation but has reasonably taken action to do so." Chief Deputy County Counsel John Vacek said the county is considering appealing Berrier's decision. - --- MAP posted-by: Jay Bergstrom