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Committee discusses tougher penalties for unpermitted grading and encroachments
Summary
Council member Michael Wos urged higher fines and stronger enforcement after multiple incidents where unpermitted grading encroached on neighbors and damaged trees; staff and the law director said private reparations remain civil matters, but the Building Department will consult the City Engineer and return with options including increased fines or civil‑ticketing avenues.
Council member Michael Wos told the Building & Building Codes Committee that his ward has seen repeated, serious unpermitted work where contractors or homeowners altered grades, moved soil onto neighbors’ yards and damaged trees. He described one project where work extended 40–45 feet into an adjacent yard and required a stop‑work order.
Wos urged stiffer penalties, arguing current fines and the doubled permit fee do not cover the city’s manhours or the private damage caused. Law Director Tom Kelly and staff said civil remedies (lawsuits between property owners) are the primary means to compensate victims for private damages and that the city’s primary objective has been compliance rather than punishment. Kelly said the facts in each case can be complex because property lines and surveys are often disputed.
Tom Jordan said the Building Department has not always pursued doubled fees in every case and that aggressive citation can be resource‑intensive; he agreed staff will consult the City Engineer and return with a recommended approach, which may include updated fine schedules, use of civil tickets, and clearer permit/stop‑work enforcement procedures.
Committee members agreed to keep the discussion on the committee agenda for one month while staff develop options. No formal change to fines was adopted at the meeting.
