Santa Clara County Municipal Code Art. 7 Enforcement

This article defines the situations considered to be violations of the Grading Ordinances and describes the County's process for identifying and addressing such violations.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Any approval issued pursuant to this chapter that is in conflict with the provisions of any County ordinance or State law or issued as a result of fraud or willful misrepresentation by the applicant or applicant's agent will be invalid.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Any violation of this chapter is considered unlawful and declared a public nuisance. The County may, upon discovery of a public nuisance, seek to abate the nuisance pursuant to Chapter III of Division A1 of Title A of the Ordinance Code or any other method allowed by law or equity.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Construction inspectors are authorized to make such inspections as necessary to enforce County ordinances. Whenever the Grading Official or his/her authorized representative has reasonable cause to believe a violation of any County ordinance exists in or on a premises, the inspector will ask permission of the occupant, or the owner or custodian thereof if the premises are unoccupied, for permission to inspect the property. If permission is denied, the Grading Official may obtain an inspection warrant. Entry will not be secured by a grant of authority beyond that otherwise allowed by law.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The Grading Official may request an inspection warrant when access to the property has been denied by the owner or other person controlling the property.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Construction inspectors, acting in good faith and without malice in the discharge of their duties, shall not be personally liable for any damage resulting from any act or omission in the discharge of their duties. Legal action taken against a construction investigator because of any act or omission occurring during the course and scope of their enforcement activities shall be defended by legal counsel provided by the County until final termination of such proceedings.

(Ord. No. NS-1203.120, § 1, 4-9-13)

When the Grading Official determines that any grading creates a hazardous condition, the Grading Official will notice the owner of the property or agent in control or possession of said property to eliminate the hazard within the period specified therein. If the grading presents an immediate hazard, the Grading Official may eliminate the hazard without giving the notice provided for herein above. Whenever the Grading Official eliminates a hazard as authorized herein, the person responsible for the hazard shall pay the County for the costs thereof. When such hazard exists on private property, it shall be deemed a nuisance.

(Ord. No. NS-1203.120, § 1, 4-9-13)

If the Grading Official finds any grading work for which a permit is required but not issued, or the grading is in substantial noncompliance with a permit issued to the property owner or the plans and specifications relating thereto, the Grading Official may order the work stopped by posting a notice on the site and providing written notice to the property owner.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Grading must comply with the permit issued and the plans and specifications approved. The Grading Official may suspend or revoke any grading, drainage or construction permit for good cause, including but not limited to: performing grading work on adjacent property without written permission, failure to follow approved plans, failure to call for inspections, failure to implement required erosion prevention and sediment control measures, grading that creates a hazardous condition, and performing grading work without obtaining required permits or clearances from State and/or Federal agencies.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Unless otherwise provided herein, service of a written notice shall be accomplished by personal service or by mailing a copy of said noticed by regular mail to the owner of the property at the address shown on the latest equalized assessment roll and to any other person, firm or corporation responsible for the grading work, at any address known to the Grading Official, and notice shall be deemed received on receipt of said notice, if personally served, or on the third day after the notice was deposited in the United States mail, if mailed.

(Ord. No. NS-1203.120, § 1, 4-9-13)

(a) Whenever the Grading Official determines that grading work violates this chapter, they will notify the property owner pursuant to Division A37 of this Code.

(b) A notice of violation regarding a grading violation will also include a notice to abate the violation that requires the property owner and, if applicable, any other involved parties to obtain an abatement order from the Grading Official or a grading abatement approval and subsequent grading permit from the Department of Planning and Development.

(Ord. No. NS-1203.120, § 1, 4-9-13; Ord. No. NS-300.967, § 49, 11-15-22)

If the property owner or other responsible party disputes the Grading Official's decision to record a grading violation, this decision may be appealed pursuant to Division A37 of this Code.

(Ord. No. NS-1203.120, § 1, 4-9-13; Ord. No. NS-300.967, § 49, 11-15-22)

The property owner is required to correct the grading violation by either obtaining an abatement order issued by the Grading Official or a Grading abatement approval with the Planning Office and subsequent grading permit.

(a) Abatement order. In lieu of a grading abatement approval and permit, the property owner may request an abatement order from the Grading Official. At the discretion of the Grading Official, an abatement order may be issued to abate the grading violation. If no abatement order is issued, the applicant is required to abate the grading violation by applying for a grading abatement approval with the Planning Office. The abatement order may include requirements to eliminate any nuisance or hazard to public or private property and requirements for remediation of environmental damage caused by the illegal grading, and may prevent the owner of the property or person doing the illegal grading from obtaining the benefit of the grading until compliance with this chapter is achieved. All work shall be performed in accordance herewith, employing generally accepted engineering principles and designs specified or approved by the Grading Official. Inspection of all grading work to abate the grading violation will be performed by the Grading Official.

(b) Grading abatement approval. The property owner shall apply with the Planning Office for a grading abatement approval pursuant to Section C12-422. The scope of the abatement approval shall include fully restoring the site to pre-violation conditions, or legalization of some or all of the grading work that was done in violation.

(Ord. No. NS-1203.120, § 1, 4-9-13)

If the Grading Official finds the grading work is in noncompliance with the abatement order, the Grading Official may revise the requirements or revoke the abatement order. If the Grading Official revokes the abatement order, the Grading Official will notice the property owner of revocation of the abatement order. The notice will also require the property owner to apply for a grading abatement approval with the Planning Office. The Grading Official may record a grading violation against the property for noncompliance with the abatement order.

(Ord. No. NS-1203.120, § 1, 4-9-13)

If grading work is done in violation of this chapter, the applicant shall pay all required fees. The following may apply in addition to permit application fees:

(a) Violation investigation fee. In addition to any other fees prescribed elsewhere in this chapter, a violation investigation fee as prescribed by resolution of the Board of Supervisors will be assessed for any grading work in violation of this chapter. Payment of such fee will not relieve any person from any other liability hereunder. The fee prescribed by this section is to cover the expense of enforcement of this chapter. Enforcement includes, but is not limited to, investigating complaints and the recordation of the grading violation.

(b) Violation coordination fee. In addition to any other fees prescribed elsewhere in this chapter, a violation coordination fee as prescribed by resolution of the Board of Supervisors will be assessed. The fee prescribed by this section is to defray the expense including, but not limited to, the coordination and meetings with County staff regarding different options to resolve the grading violation of this chapter.

(c) Grading abatement order fee. In addition to any other fees prescribed elsewhere in this chapter, a grading abatement order fee as prescribed by resolution of the Board of Supervisors will be assessed. The fee prescribed by this section is to defray the expense including, but not limited to, the issuance of the abatement order and inspection of the work.

(d) Plan check and construction inspection fee. The applicant shall pay a minimum plan check and inspection fee and any additional plan check fee based on staff hours spent on the project, in an amount prescribed by resolution of the Board of Supervisors.

(e) The property owner or applicant shall pay all fees required for recording the notice of expungement.

(Ord. No. NS-1203.120, § 1, 4-9-13)

A notice of expungement of the notice of violation will be recorded with the County Recorder when:

(a) Upon appeal per Section C12-529, an appellate authority determines that a grading violation does not exist; or

(b) The grading violation has been abated and all remedial work has been completed and approved by the Grading Official and all required violation fees have been paid.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Notwithstanding Section C1-72, any person, entity, organization, firm or corporation, whether as principal, agent, employee, contractor or otherwise, violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a period not exceeding six months or both fine and imprisonment. Each such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or permitted by such person, and shall be punished for each separate offense.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Pursuant to section 836.5 of the California Penal Code, the Grading Official and his/her deputies are hereby authorized to enforce the provisions of this chapter and to issue citations for violations thereof. There shall be no civil liability on the part of, and no cause of action shall arise against, the Grading Official or his/her deputies acting pursuant to this section and within the scope of his/her authority.

(Ord. No. NS-1203.120, § 1, 4-9-13)

(a) Any violation of this chapter or the codes adopted hereunder is hereby declared to be unlawful and a public nuisance.

(b) If this chapter is violated or there is noncompliance with the abatement order provided for, the Grading Official may request the County Counsel and/or the district attorney to initiate legal action.

(c) The remedies provided herein are not exclusive, and shall be in addition to any other remedy or penalty provided by law for violation of this chapter.

(Ord. No. NS-1203.120, § 1, 4-9-13)