Laguna Hills Municipal Code Art. IV Organization and Enforcement

A. The provisions of the 2001 California Building Code, section 104.2, Powers and duties of Building Official, and subsequent editions, shall apply to grading construction work.

B. Stop Orders. Whenever any building or grading work is being done contrary to the provisions of this code or the grading permit, the Director 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 Director 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) the Director may utilize any enforcement provision specified in section 5-36.070.

(Ord. 03-1 § 1 (part))

A. It is 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 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 exists, including work performed not in accordance with approved grading plan, until such violation has been corrected or mitigated to the satisfaction of the Director or designee (hereafter “Director”). The Director shall consult, as appropriate, with the Director of Planning.

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 section 9-92.080, Types of applications and findings, of this code, 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 Director, in consultation with the Director of Planning, shall determine if the corrective or mitigating action itself requires the approval of a site development permit per section 9-92.080, Types of applications and findings, of this code, and/or an initial study per CEQA.

F. Any person, firm, or corporation violating any of the provisions of this code 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 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 five hundred dollars ($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 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 twenty (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 subsection G and be substantially as follows:

2. Correction of Violation. If, within twenty (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 fifteen (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 thirty (30) days following completion of the meeting, the Director shall issue and serve on the owner his or her 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 fifteen (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.

(Ord. 03-1 § 1 (part))

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 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, he or she 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 his or her option, and introduce such relevant evidence on the issues as he or she 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 his or her 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 or she 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.

2. Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Hearing Officer to the City Manager. The Board shall fix a time and place and hold a hearing, consider the evidence, and make a determination as set forth in Section 10-16.140, Appeals, of this code. The order of the City Manager shall be immediately final.

F. Completion of Work. The owner shall, following the finality of the determination and order of the Hearing Officer, or if appealed, the determination and order of the City Manager, 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 or City Manager 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 or 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 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 subsections 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 Director, or the Director’s designee, shall cause the property to be posted at conspicuous locations with a notice containing at least the following:

Said posted notice may also contain the date, time, and place of the hearing and the name, address, and telephone number of the office of the Director 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 Director, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.

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 or her 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 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 or her last known or designated address, or both.

(Ord. 03-1 § 1 (part))

A. Appeals will be heard by the City Manager or the City Manager’s designee in accordance with Subarticle 4 of the Grading Manual.

B. The City Manager shall have the power, upon an appeal by the owner, agent in control, or permittee under permit issued pursuant to this code, to reverse, modify, or otherwise alter the determinations and orders of the Director made pursuant to the procedures authorized in Section 10-16.130, Hazardous conditions, of this code, under such rules and regulations as the City Manager may, from time to time, adopt. The Director shall not participate in the decision of the City Manager in such cases.

C. The City Manager’s decision on an appeal shall be furnished in writing to the appellant and to the Director, and all such decisions shall be final immediately.

(Ord. 03-1 § 1 (part))

A. Technical advice will be provided by the Director in accordance with Subarticle 4 of the Grading Manual.

B. The Director may provide an advisory technical opinion on any matter to which this code is applicable. The advisory technical opinion of the Director shall not deprive the City Manager of his or her jurisdiction to consider any appeal from a subsequent determination of the Director in regard to the same matter. The Director may also serve as a board of review to provide for interpretation of data, opinions, conclusions, or adequacy of technical or geological reports.

(Ord. 03-1 § 1 (part))