REPORT TO THE CITY COUNCIL FROM: MIGUEL A. ARIAS, Vice President City Council, District Three SUBJECT ..Title BILL - (For Introduction) Amending section 12-2104 of the Fresno Municipal Code regarding responsibility for marijuana cultivation. ..Body RECOMMENDATION Recommendation of approval of amendment to Fresno Municipal Code (FMC) sections 12-2104 related to responsibility for marijuana cultivation. EXECUTIVE SUMMARY Municipal Code violations on private property are the responsibility of the property owner. This change confirms the property owner's responsibility for marijuana cultivation violations on their property. BACKGROUND FMC section 10-605(j) defines a public nuisance, in part, as a "violation of zoning ordinance." The responsibility for public nuisances remains with the property owner, even though an obligation is also imposed on the occupants of the building. (FMC � 10-604(c).) Marijuana cultivation is a public nuisance, and a violation of a zoning ordinance, and enforcement is consistent with other public nuisances. In order to provide clarity to the existing language in Chapter 10, Article 6, and Chapter 12, Article 21, the amendment is proposed. ENVIRONMENTAL FINDINGS This is not a project pursuant to CEQA Guidelines section 15378. LOCAL PREFERENCE Local preference was not considered because this ordinance amendment does not include a bid or award of a construction or service contract. FISCAL IMPACT There is no fiscal impact. Attachments: Proposed Ordinance Amendment - FMC 12-2104 2 504968v1 504968v1