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Home My WebLink AboutReg 2015-04-20 Item 7A - Motion - Injunction Against Certain Property Owners Relating to Marijuana ViolationsCOUNCIL AGENDA SYNOPSIS ---------------------------------- Initials Meeting Dale Prepared by Mayor's review Council review 04/20/15 Co 111111:4 Ly, I 10 1 MQ V 6 F-A 9 • ITEM NO. TA. 31 S'T'AFF SPONSOR: RACHEL TURPIN C)RI(3INALA(.,,HNI)ADATE: 4/20/15 A(3 [?NDA ITEMTITI,I3 Tukwila has a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries. Law enforcement has identified 2 instances there the moratorium has been violated. CATEGORY Z Discussion Mt Daie 4120119 Z motion M1g Dale 4120119 ❑ Resolution Mtg Dale ❑ Ordinance Mt g Date e E]NdAward Mt g Date F-] Public.1-fearin ,g Mi g Date ❑ Other Mtg Date SPONSOR ❑ Council Z Mayor ❑ HR ❑ DCD Ej Finance ❑ Fire [:]IT [:] P&R ❑ Police [:].PWI SPONSOR'S The Council is being asked to authorize the Mayor to institute legal proceedings against 2 SUMMARY property owners who are in violation of the City's medical cannabis moratorium. Rt,,,v I I3WT?D BY [:] cow mtg. Z CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte ❑ utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 4/13/15 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. City Attorney COMMIT ""' E' Discussed at 4/ 13/ 15 CAP COST IMPACT / FUND SOURCE ExPF',NDITURE Rf?QumLi) AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/20/15 MTG. DATE ATTACHMENTS 4/20/15 Informational Memorandum dated 4/14/15 Minutes from the Community Affairs and Parks Committee meeting of 4/13/15 31 32 City of Tukwila Jim Haggerton, Mayor I M &I V kvi FTAV I lei TO: Mayor Haggerton Tukwila City Council FROM: Rachel Turpin, City Attorney DATE: April 14, 2015 SUBJECT: Medical Cannabis Moratorium Enforcement ISSUE & BACKGROUND Ordinance No. 2439 established a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries within the City. Recent law enforcement raids have identified two instances in which this moratorium has been violated. DISCUSSION There are a couple of ways that the City can enforce its moratorium. The most efficient method would be for the City to seek injunctive relief from King County Superior Court. A preliminary injunction could most likely be obtained within several weeks. This issue was discussed at the April 13, 2015 Community Affairs and Parks committee meeting, and there was interest in bringing this option forward for consideration at the April 20, 2015 City Council meeting. FINANCIAL IMPACT There will be legal costs associated with an action for injunctive relief. It is difficult to estimate these costs at this time, however, they will likely range somewhere from $3,000 to $10,000. There are funds in the City's litigation budget that would cover these expenses. RECOMMENDATION The City Council is being asked to authorize the Mayor to institute legal proceedings against two property owners who are in violation of the City's medical cannabis moratorium. Such legal proceedings would include motions for preliminary and permanent injunctions, if necessary, as well as any related legal proceedings, such as any appeals that may follow. 33 34 Community Affairs & Parks Committee Minutes April 13, 2015 - Page 2 D. Marijuana Regulations Discussion At its March 23, 2015 meeting, the Committee requested a cross - departmental discussion on penalty and enforcement strategies for marijuana growing code violations. City Attorney Rachel Turpin opened the discussion by stating that the City's main objective is to get illegal grow operations stopped as soon as possible. The typical code violation process involving a notice and order is lengthy, involving an appeal process and hearing examiner decision prior to getting to a courtroom. A faster option would be to seek injunctive relief, which can be obtained in a matter of weeks, and the defendant's failure to comply would mean contempt of court and the potential for stiffer penalties. This will require Council action and a motion relating to certain properties in the City will be prepared for the April 20, 2015 Regular Meeting. Committee members and staff also discussed options for potential legislation, including an outright ban on collective gardens and a criminal zoning code violation. Regarding the former, marijuana - related legislation is still active at the State legislature and appropriate City actions are not yet clarified. If the City enacts a criminal code violation it is still the case that penalties are unlikely to be high and the potential for deterrant may not be as hoped. The Committee was supportive of the City Attorney's proposal for injunctive relief as a tool to combat illegal marijuana growing activities, and did not request that an ordinance be prepared at this time. INFORMATION ONLY. III. MISCELLANEOUS Councilmember Ekberg inquired about the status of the totem pole at the Duwamish Hill Preserve. It has been cut down due to safety concerns relating to internal rot, and pieces displaying the carvings will be relocated to sites within the park. Meeting adjourned at 6:30 p.m Next meeting: Monday, May 11, 2015 Committee Chair Approval Minutes by LH 35