Loophole in grading ordinance

A huge loophole in San Diego County’s Grading Ordinance allows scheming contractors and developers to circumvent county grading ordinances. This loophole violates America’s laws by citing and fining innocent persons (property owners) for unlawful action by others (contractors) even though the county knows who committed the unlawful grading. A class action lawsuit is needed. The process is:

1. Contractors and developers refuse to prepare job grading plans regardless of the amount of dirt moved. Only they know where they intend to grade.

2. The contractor segments his grading so that, in the first segment, he magically moves less than 200 cubic yards of dirt.

3. When Code Enforcement investigates a violation at the start, contractors claim they have graded/moved less than 200 cubic yards of dirt. Code Enforcement has no proof that more than 200 cubic yards of dirt will be moved. They find “no violation” (no grading plans, less than 200 cubic yards moved).

4. When the contractor/developer moves more than 200 cubic yards of dirt, Code Enforcement issues a citation against the property owner even though the property owner opposed, and reported, and fought illegal grading at the start.

5. Contractors can, thereby, violate county grading ordinances with immunity and without fear of ever being cited due to Code Enforcement’s interpretation of the grading ordinance, and also because no grading plans are required by the county or prepared by the contractor. The property owner is, thereby, cited for all grading ordinance violations by unscrupulous contractors.

6. No contractor or developer ever needs a grading plan to grade on someone’s property in San Diego County, and by not preparing grading plans has no fear of ever being cited for illegal grading.

These are facts, not fiction, and County Supervisors can eliminate this loophole if willing.

Archie McPhee