El Dorado County Grand Jury, 2013-2014 El Dorado County Fails to Enforce Its Grading, Erosion and Sediment Control

When grading work is done in El Dorado County and no permit is obtained and no permit fee paid, and the county is made aware of the work being done before the work is complete, the county will issue a stop work order. Response: The respondent agrees with the finding, except that a stop work order is not always issued. In some cases a letter is issued stating the need for a permit. In other cases the County can issue a citation, send a Notice to Correct, and/or record a Notice of Violation. The County Code Enforcement regulations are contained in Section 9.02 of the County Code.

When work improperly continues after issuance of a stop work order or if work is completed before a stop work order is issued, no enforcement action is taken. Response: The respondent disagrees with the finding. Enforcement can be engaged through a range of options other than the stop work order, depending on circumstances, such as public health and safety. Section 9.02.05 of the County Code allows options for code enforcement: “Nothing in this chapter shall be interpreted to preclude an enforcement authority from informally encouraging citizens to comply with the El Dorado County Code or other applicable laws. Informal oral or written requests to encourage compliance are encouraged, as are attempts to informally negotiate or mediate issues relating to compliance.” 3. Only payment of a permit fee triggers inspection of grading work performed. Response: The respondent disagrees with the finding. Payment of permit fees triggers permit review, issuance, inspection, and finaling. Complaints generated by the public on potential unpermitted grading also can trigger an inspection.

Grading work performed where no permit fee is paid is not inspected. Response: The respondent disagrees partially with the finding. Complaints generated by the public will trigger an inspection.

El Dorado County does not enforce its Grading, Erosion and Sediment Control Ordinance. Response: The respondent disagrees with the finding because the Grand Jury report findings were based on “three specific complaints” dating from 2011. Development Services issued 45 stand-alone grading permits in 2011, 45 in 2012, 86 in 2013, and 49 in the first six months of 2014. Additional grading reviews and inspections have occurred and are combined with other permits such as a commercial building or single family residence. The Department of Transportation (now the Transportation Division) also issues grading permits. The Grading Ordinance is enforced on every permit applicable.

The County’s failure to enforce its Grading, Erosion and Sediment Control Ordinance encourages illegal grading to the detriment of other property owners and residents. Response: The respondent disagrees with the finding because it is not substantiated by the report or findings. There is significant number of grading permits issued by the County every year. There is no evidence the County does not enforce the Grading Ordinance. There is no evidence that there is a causal relationship to unpermitted grading. There is no evidence of detrimental impacts to property owners or residents. The County Code Enforcement procedures (outlined in Section 9.02 of the County Code) include a response to all complaints of unpermitted grading and building activity. Enforcement of identified unpermitted activity is prioritized based on health and safety issues and other considerations. The Department Director has prosecutorial discretion to determine the appropriate response to Ordinance Code violations based on factors such as fairness, staffing levels, history of violations, public health and safety, and the seriousness of the violation.