Home > 14 > 05

Title: 14 - Buildings and Constructions

Chapter: 05 - Grading Excavating and Filling

Section: 100 - Stop order

A.  Whenever the enforcing officer determines that any work involving removal of natural vegetation or movement of earth materials is occurring or has occurred in violation of the provisions of this chapter, the grading standards or any other applicable law or other governmental approval to perform the work, he shall issue a stop order directing that the violation cease immediately. The order shall state the nature of the violation and that it is deemed to be a nuisance and shall contain references to applicable provisions of law, the grading standards and/or conditions of approval upon which the enforcing officer based his determination. The order may include a statement of any corrective action the enforcing officer deems necessary to abate the condition pursuant to subsection C of this section.

The order shall direct that the condition constituting the violation be abated within ten days after the order is posted and shall state that in the event the owner fails to abate the condition, the condition may be abated at the owner\'s cost as provided in this chapter. If the enforcing officer determines that the work has proceeded without a required permit or other necessary entitlement from the county, the order shall so state and shall direct that application for the permit or entitlement be made to the appropriate county department or officer.

The order shall be prominently posted at the site of the work and shall be addressed and mailed to the owner of the site, as determined by the latest assessment roll, and any engineer, contractor or equipment operator known to the enforcing officer to have caused to be responsible for causing the work to be done.

If the enforcing officer determines that the work is being performed under the authorization of or pursuant to approval by a public agency other than Del Norte County and which has jurisdiction to regulate the work, he shall refer the matter to that agency.

B.  If no permit or other entitlement is required to perform the work necessary to abate the condition and the condition is abated within the ten-day period, the officer shall cause the order to be removed from the site and shall mail notice that the order has been revoked to the persons to whom the stop order was mailed.

C.  Where permits or other entitlements are required, no further work shall be undertaken until such permit or entitlement is granted unless required by the enforcing officer to immediately abate potential hazard and/or negative impacts upon an environmentally sensitive area. When such occurs within the California Coastal Zone, any action for immediate abatement shall be processed as an emergency permit pursuant to Section 21.50.050 DNCC.

 

(Ord. 83-03 (part), 1983)