El Dorado County Municipal Code Art. IV Enforcement

The Director may suspend or revoke a permit for good cause, subject to appeal to the Board of Supervisors. Except for erosion control facility installation and maintenance, no work shall be performed pending an appeal except as authorized by the Director.

(Ord. No. 4949, § 2(15.14.400), 8-10-2010)

A. Abatement of unlawfully created conditions.

1. Entry onto property. Pursuant to Section 110.14.440, the Director may order County workers or contractors to immediately enter private property to conduct work necessary to abate hazards to public health and safety such as:

a. The alteration of drainage patterns that has caused, or has the potential to cause, flooding of or siltation upon any downstream property as determined by the Director.

b. Grading activities that cause or have the potential to cause erosion, sedimentation or landslides that could affect off-site property, sensitive environmental resources or public safety as determined by the Director.

c. Other emergency conditions that threaten public or private property.

2. Cost recovery. Whenever the County expends any funds or takes any action, the County shall bill the landowner, lessee or licensee for the costs indicated herein. Pursuant to the requirements of Government Code § 54988, the costs shall become a lien on the property, or shall be recoverable from the property owner by other legal means. All of the following costs shall be billed:

a. Engineering and design: professional and specialized services (private or County);

b. Construction: contractor's invoices or County's force account cost;

c. Administration and supervision overhead costs as authorized by Government Code § 54985;

d. Interest accrued at the percentage rate currently authorized by the Board of Supervisors on all unpaid amounts from the date of billing.

B. Stop work orders.

1. Order and penalty. Whenever it comes to the attention of the Director that any person is performing work in violation of the provisions of this chapter or without a permit as required by this chapter, or the work is in violation of the conditions of approval of an approved permit, the Director may serve upon such person a written order citing such violations and directing that person performing the work to stop work immediately. A violation of a stop work order is a misdemeanor punishable pursuant to Section 110.14.420.

2. Failure to comply. Upon failure of any person to comply with the stop work notice served pursuant to this section, the Department may perform the corrective work either with County crews or by contract. All persons responsible for the violation shall be liable jointly and severally to the County for the cost of such corrective work.

3. Required actions by violator. Upon receipt of such stop work notice, the person performing the work shall comply with all of the following:

a. Stop work immediately except as allowed under Section 110.14.280.

b. Within 24 hours, provide the Director with a list of remedies which can be immediately undertaken to bring the work into compliance with this chapter. The Director shall review the proposed remedies for conformance with this chapter, the County general plan and other applicable laws and regulations.

c. Within 24 hours after acceptance of the proposed remedies by the Director, implement the remedies accepted by the Director as is necessary to bring the work into compliance with this chapter. All costs associated with the remedial work are the responsibility of the violator.

4. Engineering work. Necessary engineering work required to identify and define the proper course of action, as determined by the Department of Transportation or the Department of Planning and Building, shall be funded by the violator at no cost to the County.

C. Notice of noncompliance.

1. Unpermitted work. In those cases where there has been a failure to secure the required permit, or an approved permit has expired, the Director shall record a notice of noncompliance with the County Recorder. This action shall be taken no sooner than 30 days after attempting to notify the owner of the property by certified mail of the requirement of permits, the nature and extent of the identified violation and the sections of this Code that pertain to this violation. The filing of a notice of noncompliance shall be done in addition to any other legal remedy that the Department may employ.

2. Notice of cancellation. When the work has been completed under the authority of a grading permit, the Director shall record with the County Recorder and provide to the property owner of record, a notice of cancellation certifying that a permit has been issued and the notice of noncompliance has been rescinded. This shall be done at the permittee's expense.

D. Noncompliance notification by licensed professional. The geotechnical engineer, certified engineering geologist or civil engineer retained to monitor construction shall immediately notify the Director if it is observed that the work is not being performed substantially in accordance with the approved plans and specifications. The licensed professional shall make recommendations for corrective measures that would abate the violation. Any necessary modifications of project plans shall be submitted to the Director for review and approval.

(Ord. No. 4949, § 2(15.14.410), 8-10-2010; Ord. No. 5051, § 2, 4-18-2017)

Notwithstanding any other provisions of this Code, a violation of a provision of this chapter is considered a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment pursuant to Chapter 1.24. Each day that such violation continues shall constitute a separate offense punishable as set forth herein.

(Ord. No. 4949, § 2(15.14.420), 8-10-2010)

The remedies provided in this chapter are not exclusive, and are in addition to any other remedy or penalty provided by law. The available remedies include, but are not limited to, actions taken by the County pursuant to Chapter 9.02.

(Ord. No. 4949, § 2(15.14.430), 8-10-2010)

Whenever necessary to enforce the provisions of this chapter, the Director may enter the premises at all reasonable times in the manner provided by law to perform any duty imposed by this chapter. If such entry is refused, the Director shall have recourse to every remedy provided by law to secure entry.

(Ord. No. 4949, § 2(15.14.440), 8-10-2010)

Neither issuance of a permit under the provisions of this chapter nor compliance with the provisions hereof or with any conditions created in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability against the County for damage to any person or property.

(Ord. No. 4949, § 2(15.14.450), 8-10-2010)

No new permit of any type shall be issued, nor any inspection services provided, for a parcel upon which an unabated violation of this chapter exists.

(Ord. No. 4949, § 2(15.14.460), 8-10-2010)