Countywide : Penalties Toughened on Illegal Grading

The County Board of Supervisors, taking a tough stance against illegal grading, gave unanimous final approval Tuesday to an ordinance that stiffens penalties for people who clear hillsides without the proper permits.

Supervisor Gaddi H. Vasquez, who initiated the reforms, said illegal grading has been a particular problem in the South County foothills where even the slightest landscaping changes can dramatically change water drainage routes and cause erosion damage.

In worst cases, county officials have said, illegal clearings can leave properties vulnerable to landslides.

The new ordinance includes a schedule of fines and civil penalties to go with existing criminal misdemeanor punishments for violators. The new penalties allow the county to collect up to $250 in fines for each day the property owner violates grading regulations or is clearing sensitive hillside property without a permit.

The ordinance also allows county officials to obtain restraining orders to halt ongoing projects that are not in compliance with county regulations.

Since illegal clearings usually are away from public view and only brought to the attention of authorities by upset neighbors, sheriff’s deputies are being trained to detect grading violations, Vasquez said.

Officials said this is probably the first law of its kind that includes civil penalties for such violations.

“We’re pushing the edge of the envelope with this as a means of addressing this problem,” County Counsel Terry C. Andrus said. “I don’t believe there is any other county with an ordinance like this.”