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Discussion Starter · #1 · (Edited)
Moderators: If you have it in your heart to STICKY this, I would be more than grateful.

My name is Joe and live/ride in San Diego,CA. I wanted to get this thread up and running just to get the ball rolling. I will attach pictures asap. I recently initiated the design, construction, and shreddage of an epic trail in San Diego, CA. It consists of ladder drops, head high wood kickers, a gnarly fun step up, a dirt jump line, burms, and everything else needed for a sick trail.
I'm sure your wondering why I'm divulging this much info. The trail has been SHUT DOWN by the City of San Diego. Apparently getting permission from Sempra Energy Land Managers, and the private property owners wasn't enough. We (myself and fellow builders) in our attempt to make smooth landings and transitions also managed to rack up multiple Grading Code Violations.
The Neighborhood Code Compliance department for San Diego has now slapped us with a formal Civil Notice of Penalty. This means any "Non-Compliance" will result in a hearing followed by fines up to $250,000.
The only option they've left us is to simply fix it. Sounds easy, but there's a catch. We HAVE to use a stamped Civil Engineer to survey the land and submit a formal set of grading plans to the city. Between the services of an engineer and the deposit to the city, we're looking at upwards of $10,000. Anywhere from 3-5k for the engineer's work, and the city deposit is 5k.
They have refused to let us just "put it back to normal" and get the heck out. Any non-compliance from here on out can result in civil, possible criminal charges, and fines as well.
My only options seem to be 1) paying the money and getting it fixed, or 2) seeking legal council to fight it (risky when dealing with city).

If any of you fellow riders can offer assistance, I would appreciate it!!!!
-THE TRAIL IS NOT RIDEABLE. It is locked up, overgrown, and under surveillance by volunteer city snitches.
-Please submit useful and/or positive comments when adding to this thread.

Thank you for your time. Please contact me by IM and I can give you my number.
 

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Boyeeee
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Try asking SDMBA for assistance of at least some contacts with the city. They might have some relationships within the various city organizations that you might be able to use to get some leniency. Sounds like their taking a hard line with you to prove a point. Maybe SDMBA can help you soften the city's stance.
 

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Discussion Starter · #4 ·
BCBlur said:
Try asking SDMBA for assistance of at least some contacts with the city. They might have some relationships within the various city organizations that you might be able to use to get some leniency. Sounds like their taking a hard line with you to prove a point. Maybe SDMBA can help you soften the city's stance.
Thank you. That's a good idea.
 

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That really sucks and thats a huge fine and a pain in the ass, its not too late to run to Mexico. Got any pics of the trail? Have you thought about renting a bobcat and just grading everything back to normal in a few hours and hope no one sees you. I dont see how trhe city can do this if it was on private property and you had permission.
 

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Discussion Starter · #7 ·
jamesdc said:
That really sucks and thats a huge fine and a pain in the ass, its not too late to run to Mexico. Got any pics of the trail? Have you thought about renting a bobcat and just grading everything back to normal in a few hours and hope no one sees you. I dont see how trhe city can do this if it was on private property and you had permission.
Yea I'll post some pics later when I get home. Any activity on trail is considered "non compliance". They have prohibited us from just fixing it. It's a grading violation. The city could give a sh&$ who we asked. The other property owners were named on the notice as well. We are the "responsible" parties. And if you're wondering, they sent a spy down and snapped pictures of digging and sacrificing live cows.
 

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All I can say is that I'm overwhelmingly glad I don't live in California. This would never happen in NH. No offense to you CA'ers, but your state just seems to be overrun with douchebag liberals.

I wouldn't let them get the satisfaction of you submitting to their douchebag demands. It seems like if you're going to have to pony up $10k, you might as well put it towards lawyers' fees to fight the city.

Who is the city to say what a private owner can do with their land (within reason, obviously)? Call me overly idealistic or naive, but if you've got legal permission than why can't you pile and move dirt? Are they honestly trying to tell you that they can make you pay $10,000 for piling up dirt on land that's as good as yours? Exactly what is wrong with piling and re-arranging dirt? Are we not getting the full story?

Honestly, have city and state officials nothing better to do with themselves than hassle and fine people for piling dirt?

:nono: Californian Liberal Douchebags :nono:

That said, I'm sure every dedicated mountain biker who reads this is annoyed, or angry, and probably willing to donate some green to help you out.
 

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Pivotal figure
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What a load of crap! Kinda makes you wonder if they are trying to make an example since this seems like they've really dug in their heels. I've never even heard of of a "grading violation", sounds like one of those useful catchall things just to bust you. After the whole Anderson business maybe they're looking to hang someone...
 

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Discussion Starter · #10 ·
kenbentit said:
What a load of crap! Kinda makes you wonder if they are trying to make an example since this seems like they've really dug in their heels. I've never even heard of of a "grading violation", sounds like one of those useful catchall things just to bust you. After the whole Anderson business maybe they're looking to hang someone...
Grading violation refers to construction codes. It is a violation of code to grade without a permit. It's the same situation if you were to do construction on your house/yard without the proper permits.
 

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likestocrash said:
Grading violation refers to construction codes. It is a violation of code to grade without a permit. It's the same situation if you were to do construction on your house/yard without the proper permits.
I poked around the county website and found this about grading code/permits/etc. Looks like you would have needed a civil engineer to do it the 'right' way anyway.

http://www.sdcounty.ca.gov/dplu/bldgforms/index.html#mingrd

Man, what a pain.
 

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I just wanna go fast!
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Totally sucks. More info on grading violations: http://www.sandiego.gov/development-services/industry/gradingqa.shtml

I can see where the law would make sense on a large scale construction site. I can also see that it's ridiculous to slap a grading violation on something as small scale as dirt jumps.

It also looks like the city wouldn't have given a crap except that someone called the number at the bottom of that page. Lame.
 

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Pivotal figure
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Maybe you could convince them that it's just a "landscaping" project (J/K). Man, I read thru some of the county regs on this; pretty dry stuff. Is there a BMX track you could contact to see what process they had to go through to build? It seems like the entire code section is geared toward "normal" stuff (driveways, pads etc..) with no real consideration for jumps or anything like that. There has to be some sort of exception to the rule.
 

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I know in Ventura County under the category of "Aggriculture" non habitable structures are allowed along with being allowed to move 90 yards of earth a year without a permit. Check out you agg. zones and see if it resdsembles it. You can also go over code compiances head and talk to the head of building and saftey, He may see someones acting like a grown up red headed stepchild, and work with you.

How big are the drops?
 

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Cascaderider, I dont think the guy was trying to change something to suit himself (assuming here), I also think your response was completely devoid of understanding. He had the permission of the land owners as well as business, moreover he also had other members helping him to make something important and significant for both the surrounding area's riders as well as himself. I would say that he and others put alot of $$$ = effort to do this and perhaps on less than the selfish motives you imagine.

In addition, all I can say is "your city council are thoroughly divergent and floating in their own perception of reality"…I really did not want to resort to swearing, cause I would not stop in this instance.
<O:p
You could always use a very small portion of the money to hire a Detective/ Private Investigator to find some dirt against some of the scumbags to distract them while you take preliminary legal action against them. Along side of this, have another party that support MTB to attack on a more friendly manner by swaying their perception more professionally.<O:p
<O:p
You should also send and spread this story high and wide via news groups and try to get some attention. ANY [most[ forms of attention - **that does not lend an ear to MTB Riders being seen in a negative way that is**, will help others gain awareness just as you are doing now and create an information smear campaign against them projecting them in the most negative light possible - hence the Pi to find any skeletons.<O:p
<O:p
With these things, you can actually do a very serious number on them because I can garantee you that ALL - meaning most but perhaps not all; gov officials ARE corrupt in some way and that most have skeletons in the closet. Do the smart thing and find it...FAST!!!!<O:p</O:p
<O:p
But if you need help with money...if you provide key evidence and proof of this situation minus very private info (no offence of course and with all sincerity, but there are some very snazzy scams on the net these days and this just may well be one of them...? because you are a stranger to me and all), I would be glad to help out in any way I could. <O:p
<O:p
But you need to get SMART and play their own game because they know that you can do nothing at the moment than to play theirs...so, wizen up and play back. It could also be fun and a learning experience...watch fight club to give you some narly motivation. <O:p
<O:p
But I could tell you now...if that were me, I would not be bending over while Mr Corruption gave me a good roggering from behind using me as his wipping boy. I know you dont, hence the thread and by mother nature I hope you get some serious help bro to get those Mofo's...guerrilla action is needed (none-violent variety of course, intellectual attacks).<O:p
 

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Discussion Starter · #19 ·
Sim2u: Thank you very much for that response. You have some really good insight and advice. Thanks for also getting my back regarding Cascade. Some people just have to get their 2 cents in.
 

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this blows but try to get as much backing as possible. Show that you are law abiding citizens (assuming that you are) and that you were ignorant of this paticilar law (which you obviously were). I work in the civil engineering field and this is a bunch of BS. This sounds like something that's never happened before and they are setting an example. With enough community support your city council members will take your side unless they want to get voted out. Go to them and show your case. They do have a lot of say what goes on. Just don't turn this into an angry mob situation and you should be fine.
 
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