Wang

I. BACKGROUND

In 2018, a Sacramento Police Department administrative penalty of $137,500 was imposed on plaintiffs based on the number of marijuana plants that were found on property they own in excess of what is permitted under Sacramento City Code (City Code) section 8.132.040(B). 2 Plaintiffs filed an administrative appeal with the City of Sacramento. After a hearing, a hearing examiner found the penalty was properly issued. The examiner relied in part on City Code section 8.08.050(A), which states that “[e]very owner of real property within the city is required to manage the property in a manner so as not to violate the provisions of this code and the owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding the property.” The examiner found “[t]he property owner in good faith entrusted the management of his property to an established property management company that failed to adequately follow through with background research on the tenant, and to conduct adequate inspections of the property.” The examiner reduced the administrative penalty to $35,000 “in consideration of the evidence and testimony presented.”…