Thao v. County of Fresno CA5
Appellant, the County of Fresno (County), adopted an ordinance banning the cultivation of medical marijuana as a public nuisance. Pursuant to this ordinance, the County has the authority to impose administrative fines for violations.
The County discovered that respondent, Xiongh Thao, had 99 marijuana plants growing on his property. The Fresno County Deputy Sheriffs who visited the property advised Thao that the ordinance banned cultivation of the plants. Thao immediately removed the plants. Three days later, the County presented Thao with a notice giving him the choice to abate the public nuisance by removing all the plants within 15 days. Thereafter, the County imposed a $99,000 administrative penalty on Thao.
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