Cannabis potted plant photo via Adobe stock images
A Fresno landlord has filed a federal lawsuit against the City of Fresno challenging a $39,000 code enforcement fine related to alleged marijuana growing activity at a tenant-occupied rental property.
The complaint was filed on Jan. 5 by a group of Fresno-based real estate entities owned by David B. Hovannisian. The suit focuses on a city-issued citation involving a residential property near Walnut and Jensen avenues in Southwest Fresno.
According to court documents, a city code enforcement inspector saw marijuana plants at the property in August 2025. The home was leased to tenants with an agreement prohibiting illegal activity, according to court documents.
The filing states that the owners had no prior knowledge of the plants and that their property management company, JD Home Rentals, required the tenants to remove them immediately after receiving an informal call from the city.
While marijuana use and even personal cultivation is legal in California, in Fresno cultivation is against the municipal code, with the exception of city commercial permit holders or personal indoor grows of up to six plants, according to an ordinance passed in June 2025.
The first citation was issued on Sept. 10, 2025, according to the lawsuit, which also states it wasn’t received by the plaintiff until Oct. 15, 2025.
Despite the removal of the plants, the lawsuit states the City of Fresno issued a $39,000 fine, which was determined based on a per-plant basis of $1,000 per plant.
“The fine bears no rational relationship to any actual damages or enforcement costs, serves primarily punitive purposes, and constitutes an illegal penalty under California law,” according to the lawsuit.
JD Home Rentals has faced previous code enforcement actions from the City of Fresno as well as tenant lawsuits, including a class-action lawsuit settled in 2021 over property maintenance issues.
The new lawsuit notes that the city did not provide a written notice or an opportunity to correct the violation, which is required by California law and that the fine violates constitutional prohibitions against excessive fines.
“The City proceeded with an enormous marijuana related code enforcement penalty even though it is indisputable the property owner did nothing wrong,” stated attorney Jacob S. Sarabian of Sarabian Law A.P.C., who represents the plaintiffs.
Sarabian said “the City should immediately rescind the fine because it violates both statutory and constitutional principles of law, including the Government Code and the Eighth Amendment to the United States Constitution, which prohibits excessive fines.”
A spokesperson for Fresno city attorney Andrew Janz said that a statement regarding the lawsuit could be given to The Business Journal as soon as next week.
An initial scheduling conference will be held on April 7.
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