California Resident Fined for Dirt Lawn

A Costa Mesa, Calif., resident who received a $400 fine for having a dirt lawn after he said he was following a council woman's order to conserve water was back at City Hall earlier this week to fight the citation.

Kevin Doane, an out-of-work construction salesman, lost his job in late 2008 and made not watering his lawn a method of conserving both water and money. He tried to have the fine waived based on hardship, but his request was denied.

Doane said things started going south when he was asked for a multitude of financial records to prove that he's unable to pay the fine. Doane, who said he thought the meeting would be between a hearing officer and him, said that he was uncomfortable having more than one city employee in the room.

"What I've done in 2007 has no regard to what's been going on in the last three months," he said. "I got the ticket, I lost my job. What happens in the next six months or the last year doesn't matter. Today I cannot afford to pay the ticket."

The $400 fine is due by the end of Friday, and if Doane pays it, he then would get a chance to state his case next week before City Prosecutor Dan Peelman. The city requires fines to be paid three business days before a hearing, not including the hardship hearing Doane already attended.

Doane went to Tuesday night's City Council meeting with a sign that read: "Need Money to Pay City of Costa Mesa $400 Fine. Can't Work – Will Lose Unemployment. Will Take Any Donation."

He also brought a slide show with multiple examples of how the parkways lining Gisler Avenue, near the State Streets neighborhood where Doane lives, have dead grass or have been reduced to dirt.

What the city maintains, however, is that it's the residents' job to water those parkways, even if there's a cement barrier between their home and the adjacent parkway, which is the case on Gisler.

"I'm not saying that we do the best job necessarily going after every single resident who is not taking care of the parkway, but maintenance of the parkway, by ordinance, is the responsibility of the property owner," said Peter Naghavi, director of Department of Public Services.

Khanh Nguyen, a building official with the city, said the city could possibly work something out where the $400 goes toward landscaping Doane's lawn, "but he has to work with us, too."

"Our goal is not to punish people," Nguyen said. "We know the economy is tough, but we have to balance with the neighbors as well."

If Doane does not pay the fine, he will be added to a collections list that is reported to the county in August, Ngyuen said. From there, a lien could be placed on Doane's property taxes or against the house when Doane tries to sell it. Either way, Nguyen said, the city will get paid.

"If you're asking me whether he has to pay it – Yes," he said. "Now? No. But eventually, yes."