We recently aired a story about the husband of a Cathedral City councilwoman who owned property in Twentynine Palms that was being used by buyers of the property as an illegal marijuana grow. Managing editor Tami Roleff followed up with San Bernardino County about what absentee owners can do when they find their property is being used for illegal purposes…
When San Bernardino County Code Enforcement is notified that a property is being used for an illegal marijuana grow, it sends an abatement notice to the property owner to remove the grow and other violations. A spokeswoman told Z107.7 News that owners should notify the tenants that the marijuana grow is a prohibited activity, that the Sheriff’s Department has been notified, and the grow should be removed. If squatters are responsible for the illegal grow, the owner should contact the Sheriff’s Department to schedule a visit to the site. Property owners may need to start eviction proceedings if the tenants won’t leave. The spokeswoman said that rarely is civil forfeiture used for code violations, in which the county seizes the property.
Q&A with County spokeswoman Felicia Cardona
Can you confirm if David Lamb has been getting notices of abatement since at least 2018?
The property owner did receive a notice for the 68076 Winters Road address and the Sheriff’s Department conducted an abatement at the property in 2019. The property owner indicated that the tenant was responsible and had left the property after it was abated by the Sheriff. The property owner has recently visited the property and is working to clean up any violations or nuisance issues.
Code Enforcement has not received any prior complaint on the other parcel – 0633-021-07-0000.
The property owner has demonstrated a proactive approach to removing grows and other violations on property he owns when notified of a violation.
Doesn’t the county seize property that is being used for drugs? (civil forfeiture)
Code enforcement rarely uses civil forfeiture as a remedy for code violations. We do from time to time use civil proceedings to remedy problems at developed properties through the receivership process but this is on a case-by-case basis. Cannabis grows typically get resolved within a year or less.
What does a property owner do if s/he finds that his/her vacant or rental property is being used for illegal activities?
The answer to this varies widely depending on the circumstances. For illegal grows at vacant or residential properties, if an owner becomes aware of that, they should let their tenant know it’s a prohibited activity, they received a notice, the Sheriff’s Department has been notified, and they should expect their tenant to remove the grow. If it’s a squatter, and after confirming there is a trespasser there, they may want to call the area Sheriff’s station to schedule a visit to let the squatter know they need to leave. If it’s an intransigent tenant who won’t leave, they should hire an eviction service. They should also call Code Enforcement if they received a notice, and let us know they are working on it and ask the officer for advice at that point as well. As I noted earlier, we do try to work with property owners who are taking a proactive approach to removing the violation from their property.
