Dana Point Municipal Code Art. 4 Organization and Enforcement

(a) The provisions of Section 202, Powers and Duties of Building Official, of the California Building Code shall apply to grading construction work. The Director of Public Works shall serve in that capacity in the City of Dana Point.

(b) Stop or Correct Work Orders. Whenever any grading work is being done contrary to the provisions of this Code or the grading permit, the Director may order the work stopped or corrected 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 or correct such work until authorized by the Director to proceed with the work.

(c) Whenever any building or grading work is being done contrary to any water quality requirements related to activities subject to this Chapter, the Director may take any enforcement action provided under this Code.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(a) It shall be unlawful for any person, firm or corporation to do grading in the City of Dana Point, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Code.

(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 Code exist, including work performed not in accordance with approved plans, until such violation has been corrected to the satisfaction of the Building Official and/or the Director. The Building Official, as appropriate, shall consult 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 Code 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 Director prior to recordation.

(d) No zone change or discretionary permit per the City of Dana Point Zoning Regulations shall be approved for property on which a violation of the provisions of this Code 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 Director 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 the City of Dana Point Zoning Regulations and/or an Initial Study per CEQA.

(f) Any person, firm, or corporation violating any of the provisions of this Code is 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 Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000 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 Director.

(g) In addition to the provisions of the subsections above, a notice of violation of this Code 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 Director as set forth below. The notice shall include a copy of this Section and be substantially as follows:

(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 Director may grant extensions of time for good cause.

(3) Meeting. If the owner requests a meeting, the Director shall schedule a meeting. Notice of the meeting shall be served on the owner not less than 15 days prior thereto. The Director 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) Decision, Notice. Within 30 days following completion of the meeting, the Director shall issue and serve on the owner the Director's 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 Director 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 Director 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 Director, if a notice of violation had been recorded, the Director 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.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(a) Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill, drainage device, or impairment of water quality, 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 Director 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 Director, the Director 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 Code, 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 the owner's option, and introduce such relevant evidence on the issues as the owner 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 Director or the Director's 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 worker reports considered necessary to correct or determine work to correct said hazard.

(e) Order, Finality and Appeal. If the Director determines the existence of a hazardous condition, the Director 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, except in the event that the owner was not present at the City hearing, within five days of the mailing of the order to the last known address of said owner.

(2) Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Director to the City Council.

(f) Completion of Work. The owner shall, following the finality of the determination and order of the Director, or, if appealed, the determination and order of the City Council, commence the corrective action ordered or preparation of reports and such work or submissions 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 Director or City Council within the specified time, the Director 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 (g) shall be construed to limit the type of remedy or relief which the Director 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. The Director may apply to the City Council to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.

(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.

(j) Service of Notices. The notices 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 Director; or

(2) By personally delivering a copy to the owner's address as designated on papers, applications or permits on file with the Director; or

(3) If the owner is absent from his or her 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 or her 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 the 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 or her last known or designated address, or both.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)