Aliso Viejo Municipal Code Art. IV Organization and Enforcement

A. The provisions of Section 202, Powers and Duties of Building Official, of the Uniform Building Code shall apply to grading construction work.

B. Stop Orders. Whenever any building or grading work is being done contrary to the provisions of this chapter or the grading permit, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work.

C. Whenever any building or grading work is being done contrary to the provisions of the water quality requirements related to activities subject to this chapter, in addition to the powers and duties specified in subsections (A) and (B) of this section, the building official may utilize any enforcement provision specified in AVMC 7.35.100 through 7.35.200. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-810)].

A. It shall be unlawful for any person, firm or corporation to do grading in the city or cause the same to be done, contrary to or in violation of any of the provisions of this chapter.

B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of use and occupancy may be withheld for property on which a violation of the provisions of this chapter exists, including work performed not in accordance with approved grading plan, until such violation has been corrected or mitigated to the satisfaction of the building official or designee. The building official shall consult, as appropriate, with the director.

C. No tentative tract map or parcel map shall be approved for property on which a violation of the provisions of this chapter exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the building official prior to recordation.

D. No zone change or discretionary permit per Chapter 15.74 AVMC shall be approved for property on which a violation of the provisions of this chapter exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the building official prior to the issuance of any building permits.

E. The building official, in consultation with the director, shall determine if the corrective or mitigating action itself requires the approval of a site development permit per AVMC 15.74.020 and/or an initial study per CEQA.

F. Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

In addition to any such fine or imprisonment, the court may also require such party to correct or mitigate the grading violation to the satisfaction of the building official.

G. Public Nuisance.

1. Any grading performed and/or maintained on any site in the city contrary to, or not in compliance with, the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and any failure, refusal, or neglect to obtain a permit as required by the terms of this chapter shall be prima facie evidence of the fact that a public nuisance has been committed.

2. The city may commence an appropriate civil action to abate a public nuisance and to collect a civil penalty.

3. The civil penalty shall not exceed $250.00 for each day on which such violation occurs and continues to occur. In addition, the civil penalty for violation of an abatement order or stop order shall be $500.00.

4. The abatement of a public nuisance may be made at the expense of the owner of the property on which the nuisance is located. If the city abates the public nuisance, the costs of such abatement shall be charged to the owner of the premises involved.

H. This chapter may also be enforced by injunctive relief, including, but not limited to, temporary restraining orders and preliminary and permanent injunctions issued by the superior court upon suit by the city.

I. In addition to the provisions of the subsections above, a notice of violation of this chapter may be recorded in accordance with the following procedures:

1. Notice of Intent. A written notice of intent to record a notice of violation shall be served on the current owner of record of the property. Such notice shall describe the property, the violation and the action necessary to correct or mitigate the violation. The notice shall inform the owner that a notice of violation will be recorded if the owner does not, within 20 days of receipt thereof, either correct the violation or request a meeting with the building official as set forth below. The notice shall include a copy of this subsection (I) and be substantially as follows:

Notice of Continuing Violation of the City of Aliso Viejo Grading and Excavation Code.

Notice is hereby given that the City of Aliso Viejo has determined that a violation of the above Code exists on the following described property (description). The violation consists of (description).

While a violation of the above Code exists, the City of Aliso Viejo may refuse to approve building or occupancy permits, subdivision maps, use permits, and other discretionary permits and development approvals.

2. Correction of Violation. If, within 20 days of receipt of a notice of intent, the owner corrects the violation, no notice of violation shall be recorded. The building official may grant extensions of time for good cause.

3. Meeting. If the owner requests a meeting, the building official shall schedule a meeting. Notice of the meeting shall be served on the owner no less than 15 days prior thereto. The building official may reschedule the meeting from time to time for a good cause with adequate notice to the landowner. At the meeting, the owner may be represented by counsel and may present any relevant evidence that violations do not exist.

4. Decisions – Notice. Within 30 days following completion of the meeting, the building official shall issue and serve on the owner his determination as to whether or not a notice of violation will be recorded. This determination shall be supported by appropriate findings on all material issues raised at the meeting. The decision of the building official shall be final with respect to recordation of a notice of violation, but shall not affect other proceedings under this section.

5. Recordation. If the building official determines that a notice will be recorded, such notice shall be recorded 15 or more days after service of notice of the decision.

6. Release of Notice. When a violation is corrected or mitigated to the satisfaction of the building official, if a notice of violation had been recorded, the building official shall cause a release to be recorded. Said release shall refer to the notice of violation and shall state that the violation described therein has been corrected.

J. All of the foregoing remedies shall be cumulative and not exclusive, except when otherwise provided. Penalties and/or remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-811)].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage device, all of which exist on private property, is a menace to life or limb, or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures, or public facilities.

B. The building official may examine or cause to be examined every condition reported as hazardous as set forth in subsection (A) of this section.

C. Notice of Hazardous Condition. In any case where a hazardous condition is found by the building official, he shall give notice, setting forth the finding to all owners of the property affected by the hazardous condition, authorized representative of the owners or a permittee under any active permit which gives permittee control of the property issued pursuant to this chapter hereinafter referred to as “owner” of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his option, and introduce such relevant evidence on the issues as he desires. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice(s), it shall be included in a subsequent notice.

D. Evidence. At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the building official or his designee, as hearing officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the hearing officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct said hazard.

E. Order, Finality and Appeal. If the hearing officer determines the existence of a hazardous condition, he shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.

1. Finality of Order. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered in the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of said owner.

F. Completion of Work. The owner shall, following the finality of the determination and order of the hearing officer, commence the corrective action ordered or preparation of reports and such work or submission shall be completed within the specified time.

G. Failure to Complete Work. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the hearing officer within the specified time, the building official may: (1) cause the work to be performed or reports to be prepared, or (2) advise the owner of the need for corrective work and warn him/her that in the absence of such corrective work, subsequent future hazards may occur which could result in an order to vacate the premises. Nothing in this subsection shall be construed to limit the type of remedy or relief which the building official may have under any other provision of law.

H. Costs. Costs incurred by the city to perform any corrective work or prepare reports under subsection (G) of this section shall be charged to the owner.

I. Vacation of Property. If necessary, the notice and order in subsection (C) or (E) of this section shall include the requirement that the property, a portion thereof or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.

The building official shall cause the property to be posted at conspicuous locations with a notice containing at least the following:

UNSAFE TO OCCUPY

DO NOT ENTER

Building Official, City of Aliso Viejo

Date Posted _________________

Said posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office or building official where additional information may be obtained.

Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the building official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.

J. Service of Notices. The notice and order required by subsections (C) and (E) of this section may be served either:

1. By mailing a copy by certified mail, return receipt requested, to the owner’s address as designated on papers, applications, or permits on file with the building official; or

2. By personally delivering a copy to the owner’s address as designated on papers, applications or permits on file with the building official; or

3. If the owner is absent from his place of residence and from his usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his place of residence; or

4. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building, or structure and also delivering a copy to a person there residing, if any, or to the person in charge, if any; and also sending a copy by certified mail, return receipt requested, addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-812)].