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O-002-17 Amending section 18.48 (Special Provisions) of Title 18 (Zoning) to address permitting for residential indoor marijuana cultivation (4-4-17)
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O-002-17 Amending section 18.48 (Special Provisions) of Title 18 (Zoning) to address permitting for residential indoor marijuana cultivation (4-4-17)
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11/11/2020 4:22:12 PM
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2 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />70. Expiration and Renewal <br />A. A RIMC Permit expires, if not renewed, one year from the date of approval and/or <br />renewal. <br />B. A RIMC Permit may be renewed, if prior to the expiration, the permit holder: <br />1. Completes forms and submittal materials for renewal as required by the <br />Development Services Department, and <br />2. Pays a renewal fee as approved, by resolution, by City Council. <br />3. Provides a signed, notarized affidavit from the property owner that acknowledges <br />and grants permission for cultivation to continue to occur on the property if the <br />applicant is not the owner of the property. <br />80. Revocation <br />A. Any time the Development Services Director determines that there is a violation of these <br />requirements or otherwise a failure by a RIMC permitee to comply with applicable <br />governing regulations, he/she shall notify in writing both the applicant and the property <br />owner of the need to correct the violation. <br />B. If the violation is not abated within 72 hours of the written notification, the Development <br />Services Director may revoke a RIMC Permit at any time thereafter for failure to comply <br />with applicable governing regulations upon providing five (5) business days advance <br />written notice to the permit holder and property owner. <br />C. If a RIMC Permit is revoked, the permit holder's marijuana crop may be impounded. The <br />permit holder may not apply for another RIMC Permit until the permit holder pays a fine <br />as set forth in section 80(D). <br />D. The City Council may by ordinance adopt a fine schedule for violations that may escalate <br />with successive violations. <br />E. A revocation of a RIMC Permit may be appealed to the City Manager by the permit <br />holder within five (5) business days of the written notice of revocation. <br />90. Subsequent Applications <br />A. Application for a Different Residential Unit. <br />I . If a permit holder applies for a RIMC Permit for a residential unit other than <br />specified on the existing permit, the existing RIMC Permit shall be suspended <br />upon application for the new permit. <br />2. If the new subsequent application is approved, the existing RIMC Permit will be <br />revoked. <br />3. If the new subsequent application is withdrawn or otherwise not approved, the <br />suspension of existing RIMC Permit shall be terminated and the RIMC reinstated. <br />4. If the applicant appeals a denial of the new subsequent application, the existing <br />RIMC Permit remains suspended until a final decision is reached. <br />B. Application for a Different or Modified Cultivation Area in the Same Residence. <br />If a permit holder applies for a different or modified cultivation area other than specified <br />on the existing permit, the existing permit shall terminate upon approval of the <br />application. Only one cultivation area may exist in a residence at one time, and if another <br />application is approved, the existing RIMC Permit shall terminate. <br />C. Application for Same Cultivation Area in Same Residence <br />If another individual applies for a RIMC Permit for the same cultivation area, no permit <br />will be issued if the existing permit has been terminated or suspended. An additional <br />RIMC Permit for the same cultivation area shall only be issued if all Permits related to <br />dR <br />
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