Chapter 3 — WIND-BORNE SOIL EROSION

The Yucaipa City Council does hereby find and determine that there exists within the City serious and hazardous wind erosion problems creating conditions that affect the health, safety, welfare, and property of the residents of the City. These conditions exist because of the improper and untimely disturbance of the surface or subsurface of the land, the soil of which is coarse textured and of a sandy nature, and because of the character and the presence of strong prevailing winds, seasonal and otherwise, which progressively erode the land and blow it in substantial quantity onto public roads and other public and private property.

The Community Development Director will be responsible for the enforcement of this chapter.

(a) It shall be unlawful for any person, firm, or corporation, or any agent thereof who owns or is in possession or control of land to disturb the surface or subsurface of land by excavating, leveling, cultivating, discing, plowing, blading, removing residues, natural or planted, tree, vine or root crops, or by distributing or spreading a substantial quantity of similar soil on said land, or by any other action likely to cause or contribute to wind erosion of said land, or to aggravate said erosion thereon within the subject area at any time without

first having obtained a valid permit therefore and having complied with the terms of said permit as provided for in this chapter.

(b) It shall be unlawful for any person, firm, corporation, or any agent thereof who obtains a valid permit to fail to comply with the terms of said permit. A violation of the terms of this chapter or the permit may be found without present evidence of blowing sand or soil erosion.

810.0315 Prevention of Dust Storms.

To conserve the natural resources within the area described in Section 810.0330 of this chapter and to minimize the injurious effects of dust storms, the owner and all persons in possession of real property within said area shall prevent dust blowing therefrom, as nearly as that can be done by the taking of reasonable measures and means.

Unless otherwise provided, any person, firm, company, or corporation violating any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified, and each day or portion thereof such violation is in existence shall be a new and separate offense.

Any person so convicted shall be subject to the following.

(a) They shall be guilty of an infraction offense and punished by a fine not exceeding $100 and not less than $50 for a first violation.

(b) They shall be guilty of an infraction offense and punished by a fine not exceeding $200 and not less than $100 for a second violation.

(c) The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $5,000 and not less than $500 or six months in jail, or both.

Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein provided shall not relieve a person, firm, corporation, or other entity from the responsibility of correcting the condition, resulting from the violation.

The Community Development Director and such persons as he or she designates shall have authority to, at all reasonable times, enter upon any property to investigate for violations of this Code, to detain for purposes of investigation or to issue a citation in conformance with relevant State law and of this jurisdiction to any person committing a misdemeanor or infraction offense in their presence, which is a violation of this Code.

The provisions of this chapter shall apply to any area included within the exterior City boundaries as determined by the Community Development Director with approval of the Planning Commission and City Council.

(a) Application

Application for the permit required by this chapter shall be made in writing to the Community Development Director on forms provided by the City for this purpose, and shall set forth such information required to enable the Community Development Director or his deputy to fix and prescribe appropriate conditions which will prevent or minimize wind erosion of the permittee’s soil.

(b) Permit Conditions

The permit shall be subject to such conditions as the Community Development Director may require which will assure that surface protection at or prior to the time of the disturbance of the surface or subsurface of the land is provided for, so as to prevent the soil on said land from being eroded by wind and blown onto public roads or other public or private property. Such protective measures as required by the Community Development Director shall be provided by means

of agricultural measures or any other effective method or combination of methods of holding the soil in place as determined by the Planning Commission.

(c) Appeal from Denial of Permit or Permit Conditions

Any applicant may appeal to the Planning Commission the decision of the Community Development Director in disapproving a permit as required herein, or the conditions of approval imposed by said Community Development Director. The appeal shall be taken in accordance with Section 810.0360 of this chapter.

(d) Temporary Stop Work Orders

The Community Development Director may issue a temporary stop work order, and the subject soil disturbing operation shall be stopped subject thereto, whether a permit has been issued or not when the following conditions exist.

• (1) A permit has been issued, but not all of the permit requirements have been complied with. The stop work order may require that all work cease until all the permit requirements have been met.

• (2) Operations are in progress, with a permit or not, and weather conditions are such that substantial dust is being carried into the air. The stop work order may require that all work cease until the current dust air pollution is abated. (3) Operations are in progress, regardless of weather conditions, and a soil disturbance permit has not been issued. The provisions of this subsection, (d), shall not be subject to an appeal.

The term of the permit shall run for one calendar year from date of issue. An annual renewal is required, as are the appropriate fees specified by the City Schedule of Fees.

A permit will not be required to disturb the surface or subsurface of the land under the following circumstances; however, prevention of dust storms as stated in Section 810.0315, above, will still apply when the following conditions exist.

• (a) Such activities are required by another ordinance, statute, rule, or regulation.

• (b) It is necessary to grade, trench, or otherwise install, repair, or replace utility services within the boundaries of utility or public rights-of-way.

• (c) The disturbance or proposed activity is confined to an area of one acre or less.

• (d) A viticulturalist properly utilizes a Noble blade to control weed growth within a vineyard.

• (e) The soil disturbance occurs as an agricultural practice within an established Agricultural Preserve.

On the recommendation of the Community Development Director and with the approval of the City Council and Planning Commission, additional areas can be annexed to the area described in Section 810.0330, above, under the following conditions.

• (a) Conditions exist that are stated in Section 810.0301, above.

• (b) The area is contiguous to the area described in Section 810.0330, above.

In case any land presents a hazardous condition that may affect the health, safety, and welfare of neighboring residents because of the condition of the land with regard to loose soil and windy conditions, the owners of record will be notified of such conditions. If these conditions are not corrected within 30 days, the Community Development Director may order such conditions to be corrected as reasonably and economically as possible in accordance with the discretion of the Community Development Director. However, when time is of the essence and emergency action is necessary to put into effect these protective provisions, the Community Development Director may take immediate steps to abate the hazardous soil erosion condition. The City Finance Director shall pay the cost of such compliance from the funds of the Community Development Director. The total cost of such compliance shall be computed, and an administrative fee of 20% of such cost shall be added thereto. A bill for the entire sum of the costs and administrative fee shall be mailed to the record owner of such land, and a copy shall be sent to the City Finance Director. The bill shall include an itemized statement covering the work necessary for such abatement of hazardous condition. If the record owner of the land or his agent does not pay the bill within 30 days after said mailing, the Community Development Director shall certify to the Finance Director the demands remaining unpaid on said bill, together with any information required by law in such cases. The City Finance Director shall cause the amount of the same to be entered on the tax roll as a special assessment and tax lien on the property from which abatement of hazardous condition was accomplished. The special assessment shall be included on the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquencies as provided in ordinary taxes. All or any portion of such special assessment, penalty, or costs entered shall on order of the City Council be canceled by the Finance Director if uncollected or refunded by the Treasurer under order of the City Council, if assessment, penalty, or costs were entered, charged or paid in the following manner:

(a) More than once

• (b) Through clerical error

(c) Through the error or mistake of the City Council or of the Community Development Director in respect to any material fact, including the case where the costs rendered show the City abated the land, but such was not the fact

(d) Illegally

(e) On property acquired after the lien by the State or any city, county, school district, or other political subdivision and because of this public ownership not subject to sale for delinquent taxes

No order for refund under the foregoing shall be made except on a claim verified by the person who paid the special assessment or the representative of such person or his estate, and said claim is filed within three years after making the payment to be refunded.