Oversize House to Cost Owner a $325,000 Fine

The owner of a large home overlooking Monterey Bay will tear part of it down and pay a $325,000 fine, the largest ever for a violation of the state Coastal Act, under a settlement made public Thursday.

The out-of-court agreement favors Santa Cruz County and the California Coastal Commission and comes almost five years after county inspectors issued a stop order against Peter Viviano, owner of the home. Viviano, who owns a San Jose trucking company, couldn’t be reached for comment.

Inspectors found in February, 1986, that the home had grown to 13,264 square feet, nearly twice the 6,800 square feet authorized by permits issued in 1984. Construction was never completed.

There have been a series of lawsuits involving his unfinished seaside house on a bluff in La Selva Beach, about 85 miles south of San Francisco. Under the settlement, the size must be reduced to 11,000 square feet, and extensive landscaping must be done to screen the home from public view from a nearby state beach.

The stipulated judgment, prepared for the Santa Cruz County Superior Court, has been signed by attorneys for all parties. It calls for $225,000 of the penalty to be used for coastal enhancement projects in Santa Cruz County, under state and county supervision, and for $100,000 to be used for the county and state court costs.

The largest previous fine for violation of the 1976 Coastal Act was $50,000, part of a negotiated settlement in a case in the Malibu area, according to a Coastal Commission spokesman.