LAGUNA BEACH : Deadline to Remove Fence Is Missed

A South Laguna condominium association missed the Wednesday deadline to comply with an order from the state Coastal Commission to tear down a chain-link fence erected 45 years ago to create a private beach in Totuava Bay, a commission spokeswoman said.

The spokeswoman, Nancy Cave, said the commission may turn the matter over to the state attorney general’s office. She said the association could face a penalty of at least $10,000 for not taking down the fence by the deadline. Additional penalties, from $50 to $5,000 a day, could also be imposed, she said.

“It could be very costly,” Cave said. “We were trying to avoid that by asking them to take it down.”

In a March 5 letter, the commission had ordered managers of the Laguna Lido Condominiums to remove the fence by Wednesday because it violates provisions of the Coastal Act, Cave said.

But on Thursday, the fence on the north side of the condominium complex remained standing. A 43-foot section of the fence that was inadvertently built within the property line of homeowner Michael McDaniels was taken down three weeks ago.

J.D. Butterwick, an attorney for the association, said that his clients recently voted to comply with the order. The group is waiting for a signed amendment to a lease agreement with landowner Richard O’Hill to be returned to the lawyer’s office, he said.