Offending outdated city regulations will still get you in trouble in San Diego

The owners of a Pacific Beach commercial property where medical cannabis
collectives have recently operated has been ordered to pay $120,000 in civil
penalties and other costs to the city of San Diego for violation of zoning
laws. This all started back in October of 2011, when the City Attorney’s Code
Enforcement Unit filed a civil injunction against the property owners, the
Nobel Family Trust, John I. Nobel and Mahin Nobel as trustees; the Abeles
Family Trust, David N. Abeles and Melody N. Abeles; and a dispensary located on
Garnet Avenue. The dispensary vacated and settled with the city; however, the
property owners continued to litigate the matter and lease property to be used
as cannabis dispensaries, according to City Attorney Jan Goldsmith.

At a hearing in August, Superior Court Judge Ronald Prager issued a
final permanent injunction against each of the defendants for their unlawful
conduct, restraining them from unlawfully maintaining a dispensary anywhere in
the city of San Diego and ordering them to pay $1,800 in investigative costs to
the city. The City Attorney’s Office also has two other dispensary cases
pending with the Nobels. “Property owners, as well as dispensary
operators, need to know that they will be held accountable for violating our
zoning laws,” Goldsmith said. “The City Attorney’s Office will be
continuing to shut down dispensaries operating illegally in the city of San
Diego.”

Last March, the City Attorney filed a similar injunction against the
same defendants, who were leasing to four different dispensaries in different
suites at another commercial property that they own. The city obtained
temporary restraining orders and preliminary injunctions or default judgments
against the property owners and all of the dispensaries. Because of the
enforcement action by the city, the Nobels agreed to issue eviction notices and
unlawful detainer actions to the dispensaries currently operating at their
properties. The dispensaries have not vacated those locations, but are
litigating the unlawful detainer actions. The City Attorney is continuing with
enforcement actions in these cases. On March 27, the City Attorney’s Office
also filed an additional complaint against the Nobels and the operator of
another dispensary located in Pacific Beach. The operator of that location
vacated and settled with the city, and on July 18 Judge Prager issued a preliminary
injunction against the Nobels on that property as well.

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The City Code Enforcement Unit was established in 1984 to address
“nuisance” properties and code violations in San Diego. The unit works in close
partnership with the city’s Code Enforcement Services Division, the San Diego
Police Department and the community.