(a) Whenever the County Official determines that grading or clearing has been done in violation of the requirements of this Division, including grading or clearing without obtaining the required permit or grading or clearing in excess of that permitted by an approved permit, the County Official may order that the site be restored to the condition it was in previous to the unlawful grading or clearing. Restoration ordered may include revegetation of the site with species of plants identical to or serving biological resource values as close as possible to those of the vegetation which existed on the site prior to the illegal grading or clearing.
(b) If the County Official determines that restoration to such previous condition would result in a condition which is unsafe or does not conform to this Division or other applicable laws, or is otherwise impractical, then the County Official may order restoration to such other condition as he or she determines to be as close as practical to the site's previous condition; provided however, that the County Official shall require that any adverse environmental impacts which resulted from the illegal grading or clearing be mitigated (such as through the creation and/or preservation of onsite or offsite substitute habitat or other resources) to at least the same extent as would have been required if the impacts occurred as a result of a development project application which was required to comply with the California Environmental Quality Act, the Resource Protection Ordinance, the Biological Mitigation Ordinance and other County resource protection regulations.
(c) Such an order for restoration may require that the restoration work be performed pursuant to plans which the permittee, owner or other responsible person(s) is directed to prepare and submit for the County Official's approval. Failure to submit such plans within the time specified in the order for restoration shall constitute a violation of this Division. The order may require that permits required by this Division or other laws or regulations be obtained for the restoration work, including compliance with all requirements for obtaining such permits. The order for restoration may require that adequate security be provided to the County Official, to assure completion of the restoration work. The order for restoration may impose time deadlines for performance of certain acts. Failure to timely implement or otherwise comply with an order for restoration shall constitute a violation of this Division.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)