Alta Sierra board stands by pot cultivation ordinance
October 4, 2013
The Alta Sierra Property Owners Association (ASPOA) conveys to the Nevada County board of supervisors its continued support for Nevada County Ordinance 2349 (Medical Marijuana Cultivation Ordinance).
Ordinance 2349 was the product of extensive research by County Counsel Allison Barrett-Green and the Sheriffs Citizen Advisory Commission.
It was designed to strike a balance between the rights of property owners and the legitimate need for patients with a recommendation to have the ability to grow on their properties or in their rentals with permission of the owner, in the context of Prop. 215.
It was also intended to expel commercial growers from residential areas and to provide property owners with knowledge of how their rental property is being used.
Since it passed and went into effect, it has survived court challenges and was refined to better administer the appeals hearing process.
It has proven successful in ridding neighborhoods of abusive, nonresident commercial growers. The dramatic decrease in complaints and law enforcement raids in Alta Sierra reflect its effectiveness.
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The reports from the sheriff's department that the street price of weed has gone down since its implementation confirms availability for those in need.
Ordinance 2349 also contains a 1,000-foot bubble around schools that was a prime goal that we feel is important to keep in place. It has a reasonable enforcement protocol with rights of hearing and appeal. It also has consequences for abusive growers to protect residential areas.
As with any legislation, as time goes by, there may be a need to make minor adjustments but we feel the basic protections for residential areas must not be diminished.
The courts have confirmed the rights of homeowners to have equal standing with the rights of a person with a recommendation.
Paul Hoffler, Lee French, Jim Barrilleaux, Kathy Carey, Gene Jovich, Don Bessee, Dave Johnson, John Keefe and Julie Sigenthal comprise the Alta Sierra Property Owners Association board of directors.