Lake County Municipal Code Art. XI Enforcement

43.1

It shall be the duty of the Administrative Official (or appointed designee) to enforce all the provisions of this Chapter relative to grading activities regulated by this Chapter in the unincorporated areas of the County.

(Ord. No. 2830, § 1, 7-17-2007)

44.1

Any grading performed in violation of this Chapter shall be unlawful and deemed a public nuisance.

44.2

Notwithstanding these regulations, no person shall cause or allow a significant environmental impact to occur as a result of new or continued grading as defined herein, including grading that is exempt from these regulations. In the event that the Administrative Official determines that a significant environmental impact is likely to occur or has occurred as a result of grading activities, the Administrative Official may deny or revoke any grading permit.

44.3

If necessary, the Administrative Official may also require a grading permit for work that is otherwise exempt from these regulations in order to address the identified significant impact.

44.4

It is the intent of this Chapter that the conduct of grading exempted or waived from the requirement to obtain a permit shall incorporate practices consistent with the standards incorporated in this Chapter.

44.5

A violation of any of the provisions of this Chapter, or of any codes adopted by reference in this Chapter, is punishable as an infraction or a misdemeanor. Violations prosecuted as an infraction shall be punishable by fines as specified in Government Code Section 25132. Violations prosecuted as misdemeanors shall be punishable, by imprisonment in the County jail for a term not exceeding six (6) months, or by a fine of one thousand dollars ($1,000.00), or both such fine and imprisonment, as well as all administrative costs associated with such prosecution.

(Ord. No. 2830, § 1, 7-17-2007)

45.1

The following officers and employees of the Lake County Community Development Department are hereby given arrest and citation powers pursuant to Section 836.5 of the Penal Code:

a) Community Development Director

b) Chief Building Official

c) Building Inspector

d) Assistant/Associate Resource Planner

e) Senior Resource Planner

f) Code Compliance Manager

g) Code Compliance Officer

(Ord. No. 2830, § 1, 7-17-2007)

46.1

The Administrative Official may order that any grading operations performed in violation of the requirements of this Chapter, the approved plans and specifications, any permit conditions, or any grading operations that have otherwise become hazardous to the property of others or the public welfare be stopped.

46.2

It shall be unlawful and a violation of this code for any person to resume grading operations that were ordered to be stopped, unless the Administrative Official has first required, and the violator has agreed to, any necessary corrective measures, and the Administrative Official has authorized the resumption of work.

(Ord. No. 2830, § 1, 7-17-2007)

47.1

Whenever the Administrative Official finds that a grading operation has become, or is threatening to become, hazardous to the property of others, the public welfare or the environment, or that violates or will violate the provisions of this Chapter, the Administrative Official may require that the operator submit for approval, a detailed schedule of specific remedies that can be undertaken immediately to bring the work into compliance with this Chapter.

47.2

Within twenty-four (24) hours after acceptance of said remedies by the Administrative Official, the operator/property owner shall at his/her expense undertake the required immediate remedial action as necessary to eliminate the emergency hazard prior to, or concurrent with, any necessary permit application for any further work regulated by this Chapter.

(Ord. No. 2830, § 1, 7-17-2007)

48.1

A Notice of Violation shall specify the violation and the corrective action required to abate the violation.

48.2

The Notice of Violation shall also state that failure to abate the violation could subject the responsible party (ies) to administrative and criminal penalties and could result in the imposition of a lien on the property.

48.3

Notice shall be given as specified in Section 13.33.2 of the Lake County Ordinance Code.

(Ord. No. 2830, § 1, 7-17-2007)

49.1

Any work done or maintained in violation of the provisions of this Chapter and any use of land operated or maintained in violation of the provisions of this Chapter are hereby declared to be public nuisances and full abatement and restoration may be required and an assessment of cost may be levied pursuant to Chapter 13 of the Lake County Ordinance Code.

(Ord. No. 2830, § 1, 7-17-2007)

50.1

Upon discovery of a violation of the provisions of the Chapter, or upon the failure to comply with a Stop Work Order issued by the Administrative Official, the Administrative Official may give the property owner, and any person conducting grading operations in violation of this Chapter, notice of a Summary Grading Nuisance Abatement Order. The notice shall include:

a) a proposed administrative order detailing those actions or cessation of actions required to abate the nuisance

b) a reasonable time period for compliance

c) a reasonable opportunity for all interested parties to appear and be heard regarding the order's provisions.

50.2

If the property owner or any person conducting grading operations in violation of this Chapter fails to comply in a timely manner with the Order, the County of Lake shall commence a summary abatement proceeding in the court of competent jurisdiction with the County of Lake.

50.3

If the County prevails in such summary abatement proceeding, the Court shall, in addition to declaratory and injunctive judicial relief, award the County, as prevailing party, all costs of abatement, including the County's reasonable administrative, legal and enforcement costs. Recovery of abatement costs pursuant to this Section shall be in addition to, and shall not limit, any prevailing party's right to recover costs pursuant to Section 1032 and 1033.5 of the Code of Civil Procedure, or any other provision of law.

(Ord. No. 2830, § 1, 7-17-2007)

51.1

A grading permit may be revoked or modified for cause as provided for in this Section.

51.2

For purposes of this Section modification may include the waiver or imposition of new conditions.

51.3

Action to revoke or modify a grading permit may be taken by the Administrative Official, Planning Commission, or Board of Supervisors and shall be based on a determination of one (1) or more of the following grounds:

a) That such permit was obtained or extended by fraud or was issued in error.

b) That one (1) or more of the permit conditions have been violated.

c) That the use for which the permit was granted is being conducted so as to be detrimental to the public health, welfare or safety, or so as to be a nuisance.

51.4

A permit final may be revoked and repairs required to be made within three (3) years from the date of the final if the work is deemed to have been done in violation of this Chapter.

(Ord. No. 2830, § 1, 7-17-2007)

52.1

The provisions of this Chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Chapter is for any reason held to be invalid such decision shall not affect the validity of the remaining provisions, clauses, sentences or paragraphs of this Chapter.

(Ord. No. 2830, § 1, 7-17-2007)

LAKE COUNTY GRADING ORDINANCE — APPENDIX A

EROSION HAZARD RATING

* Denotes most common serpentine soil units subject to asbestos hazard mitigation dust control requirements.

(Ord. No. 2830, § 1, 7-17-2007)