Date: 10/1/18

Location: 26000 Block of N. Hwy. 1, Fort Bragg, CA

Subject: Code Enforcement Compliance Agreement reached after a year-long investigation for Development in the Coastal Zone without a Coastal Development Permit

Information: In late April and Early May 2017, the Mendocino County Code Enforcement Division received complaints about major tree and vegetation removal in a riparian zone within close proximity to a tributary of Inglenook Creek on a private parcel in the Coastal Zone near Fort Bragg. An investigation was immediately started and the tree and vegetation removal was confirmed. It was formally determined that all the activity was “development” requiring a Coastal Development Permit (CDP), pursuant to the California Coastal Act and the Mendocino County Zoning Code.

The property owners were issued a Notice of Violation instructing them to obtain a CDP after they failed to initially do so. The property owners did not comply with the Notice of Violation and were subsequently issued 3 Administrative Citations over the course of a year, each with escalating daily fines for failing to apply for and obtain a CDP.

On May 18, 2018, after accruing significant administrative citation fines for failing to obtain a CDP, the property owners submitted a complete application for a CDP to the Mendocino County Planning Division. The CDP application is currently under review. Due to the anticipated environmental reviews, the potential for environmental remediation and the complexity of after-the-fact permitting, it is expected to take considerable time to obtain all of the necessary information and plans to complete approval of the CDP.

The Property Owners requested consideration to reduce the fines after they submitted their CDP application. On October 1, 2018, the Owners and the Code Enforcement Division reached a formal Code Enforcement Compliance Agreement that requires the Owners to pay $5,000 in administrative fines and complete all of the necessary and comprehensive work to obtain the Coastal Development Permit.  The agreement requires the remaining balance of the fines will be due and payable to the County and the County may immediately seek further enforcement remedies if the property owners fail to follow-through any requirements to ultimately obtain the CDP. The Code Enforcement Compliance Agreement will remain in place until the CDP is issued.

The Code Enforcement Division receives all Code Violation complaints in the unincorporated areas of the County. Complaints can be made in person at our offices or by visiting our website at: www.mendocinocounty.org/government/codeenforcement to file an online complaint.