Ord 261__ ORDINANCE NO. 261
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING SECTIONS 16.52.040 THROUGH 16.52.060 TO
THE POWAY MUNICIPAL CODE, ESTABLISHING
ADDITIONAL PENALTIES FOR UNAUTHORIZED
CLEARING OR GRADING OF PROPERTY
WHEREAS, increasing incidents of illegal grading have occurred in Poway; and
WHEREAS, illegal grading can cause the destruction of environmentally
sensitive resources; and
WHEREAS, it is the intent of the City Council to ensure compliance with
Poway grading regulations.
NOW, THEREFORE, the City Council of the City of Poway does hereby adopt the
following sections increasing the penalties for unauthorized clearing or gra-
ding:
Section 16.52.040 Violations as a Misdemeanor Offense. Any grading or
clearing which is done in violation of the Poway Municipal Code--grading regula-
tions, shall be a misdemanor punishable by a one thousant dollar {$1,000} fine.
Each day or any portion of a day that any person violates or continues to
violate the City's grading regulations, will constitute a separate offense and
may be charged and punished separately without awaiting conviction on any prior
offense.
Section 16.52.050 Grounds to Deny Development for Five Years. Any grading
or clearing which, according to a field inspection of the property was done in
violation of the City's grading regulations, shall be grounds for denying for
five years, all applications for grading permits, administrative permits, site
plans, use permits, major and minor subdivisions, rezones, specific plans,
specific plan amendments, and general plan amendments proposed for the property
on which the violation occurred. The five-year period shall commence from the
date of the violation, if documented, or from the date of discovery of the
violation.
Section 16.52.060 Waiver of Penalty. Upon evidence that mitigation
measures have been taken to rehabilitate the site, or that other appropriate
measures have been taken to mitigate the adverse effects of the illegal grading
or clearing, the Poway City Council may waive the penalty imposed by Section
16.52.050.
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty
{30) days after the date of its passage; and before the expiration of fifteen
{15) days after its passage, it shall be published once with the names and
members voting for and against the same in the Poway News Chieftain, a newspaper
of general circulation published in the City of Poway.
__ Ordinance No. 26!
Page 2
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 19th day of April 1988, and thereafter PASSED AND ADOPTED
at a regular meeting of said City Council held the 3rd day of Nay 1988, by
the following roll call vote:
AYES: COUNCILMEMBERS: BRANNON, HIGGINSON, EMERY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: KRUSE, TARZY
Robert C. Emery, Mayor/
Marjorie(~ Wahlsten, City Clerk
6/O/GRADING.I-2