Chapter 19.04
WATERCOURSES
Sections:
19.04.020 Acts prohibited without permit.
19.04.030 Applicability of CMC 19.04.020.
19.04.040 Permit – Application requirements – Prohibitive conditions.
19.04.050 Permit – Issuance – Subject to certain conditions.
19.04.060 Permit – Issuance – Responsibilities of permittee.
19.04.070 Permit – Work requirements – Renewal.
19.04.080 Permit – Work inspections.
19.04.090 Permit – Changes described in permit prohibited without authorization.
19.04.100 Permit – Nontransferable.
19.04.120 Permit – Denial – Appeal.
19.04.130 Performance of work without permit – Declared nuisance.
19.04.140 Performance of work without permit – Notice to abate – Abatement procedure.
19.04.150 Performance of work without permit – Abatement procedure in emergency.
19.04.160 Performance of work without permit – Abatement costs.
19.04.170 Chapter provisions do not diminish State or Federal water rights.
19.04.010 Definition.
“Watercourse,” as used in this chapter, shall mean any river, creek or stream within the corporate limits of the City. The Director of Public Works may promulgate a list describing all watercourses within the City. Upon the preparation of any such list, no area not included in such list shall be deemed a “watercourse” for the purposes of this chapter. If no such list has been promulgated, any person or entity may, without the payment of any fee, make inquiry of the Director of Public Works to determine if an area in question is a “watercourse” for the purposes of this chapter. (Ord. 337 § 1, 1978).
19.04.020 Acts prohibited without permit.
No person shall perform any of the following acts or otherwise alter the hydraulic characteristics of a watercourse within the corporate limits of the City without having first obtained a written permit from the City in accordance with the provisions of this chapter:
A. Deposit or remove any material within a watercourse;
B. Excavate within a watercourse;
C. Construct, alter or remove any structure within, upon or across a watercourse;
D. Plant or remove any vegetation within a watercourse; or
E. Alter any embankment within a watercourse. (Ord. 337 § 1, 1978).
19.04.030 Applicability of CMC 19.04.020.
The provisions of CMC 19.04.020 shall not apply to:
A. Work consisting of the operation, repair or maintenance of any lawful use of land existing on the date of adoption of the ordinance codified in this chapter;
B. Any person or agency who has already complied with the provisions of Sections 1600 et seq., of the Fish and Game Code;
C. Any public agency or its contractor;
D. Any person performing work within a right-of-way of any public agency pursuant to a permit issued by such public agency;
E. Emergency work necessary to preserve life or property. When emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the Director of Public Works within 10 days after commencement of the work. The person shall thereafter obtain a permit pursuant to this chapter, and perform such work as may be determined by the Director of Public Works to be reasonably necessary to correct an impairment such emergency work may have caused to the water conveyance capacity of the watercourse. (Ord. 337 § 1, 1978).
19.04.040 Permit – Application requirements – Prohibitive conditions.
A. Any person or entity desiring to perform work described in CMC 19.04.020 and not excepted by CMC 19.04.030 shall apply for a permit from the Director of Public Works of the City.
B. The application shall be in a form prescribed from time to time by the Director of Public Works and shall include such description, data and specifications as may be required by the Director of Public Works.
C. No application for permit shall be approved and no permit shall be issued if the Director of Public Works finds and determines that the proposed work will either:
1. Substantially impair the water-conveyance capacity of the watercourse; or
2. Cause or tend to cause the erosion or washing away of the embankment within the watercourse. (Ord. 337 § 1, 1978).
19.04.050 Permit – Issuance – Subject to certain conditions.
The Director of Public Works may issue a permit subject to conditions specifically set forth in the permit when the Director finds that neither of the effects listed in CMC 19.04.040(C) will be likely to result if the conditions are met. (Ord. 337 § 1, 1978).
19.04.060 Permit – Issuance – Responsibilities of permittee.
A. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this chapter, shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property. The issuance of any permit under this chapter shall not impose any liability upon the City, or its officers or employees, for injury or damage to persons or property.
B. A permit issued pursuant to this chapter does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other governmental agency. (Ord. 337 § 1, 1978).
19.04.070 Permit – Work requirements – Renewal.
A. The permittee shall begin the work authorized by the permit within 60 days from the date of issuance, unless a different date for commencement of work is set forth in the permit.
B. The permittee shall complete the work authorized by the permit within the time limit specified in the permit, which in no event shall extend more than 12 months from the date of issuance.
C. The permittee shall notify the Director of Public Works at least 24 hours prior to the commencement of work.
D. Should the work not be commenced as specified in this chapter, then the permit shall become void. However, if prior to the date established for commencement of work, the permittee makes written request to the Director of Public Works for an extension of time to commence the work, setting forth the reasons for the required extension, the Director of Public Works may grant such extension.
E. A permit which has become void may be renewed at the discretion of the Director of Public Works. (Ord. 337 § 1, 1978).
19.04.080 Permit – Work inspections.
A. The Director of Public Works may cause inspections of the work to be made periodically during the course thereof, and shall make a final inspection following completion of the work.
B. The permittee shall assist the Director of Public Works in making such inspection and shall notify the Director of Public Works in writing of the termination or completion of the work authorized. (Ord. 337 § 1, 1978).
19.04.090 Permit – Changes described in permit prohibited without authorization.
Changes shall not be made in the work described in a permit, whether in relation to location, dimensions, materials or character of the work, except upon written authorization of the Director of Public Works. (Ord. 337 § 1, 1978).
19.04.100 Permit – Nontransferable.
Permits issued pursuant to this chapter shall be nontransferable. (Ord. 337 § 1, 1978).
19.04.110 Permit – Fee.
A. A permit fee shall be paid upon any application for a permit under the provisions of this chapter.
B. The “value of work” for purposes of this fee determination is the estimated cost of all work at the time of final approval of an application by the Director of Public Works.
|
Value of Work |
Permit Fee |
|---|---|
|
$10,000.00 or less |
$25.00 |
|
$10,000.01 to $20,000.00 |
$50.00 |
|
$20,000.01 to $30,000.00 |
$60.00 |
|
$30,000.01 to $100,000.00 |
$150.00 |
|
Over $100,000.00 |
$175.00 |
(Ord. 337 § 1, 1978).
19.04.120 Permit – Denial – Appeal.
Any person aggrieved by the denial by the Director of Public Works of a permit pursuant to this chapter, or by the imposition of conditions to such a permit, or by the failure of the Director of Public Works to act upon any application for a permit, may appeal to the Council. (Ord. 337 § 1, 1978).
19.04.130 Performance of work without permit – Declared nuisance.
Any work described in this chapter performed without a permit, unless excepted by the provisions of this chapter, is declared to be a public nuisance. (Ord. 337 § 1, 1978).
19.04.140 Performance of work without permit – Notice to abate – Abatement procedure.
A. In addition to any procedures or penalties established by this chapter or any other law, if work for which a permit is required by this chapter is performed without a permit, the Director of Public Works may serve a written notice on the person performing such work and/or the owner of the parcel involved by personal service or by mailing such notice, postage prepaid, certified mail return receipt requested, to the address at which, in the opinion of the Director of Public Works, such notice is most likely to be received by the person(s) involved.
B. Such notice shall state the nature of the violation, shall direct the owner and/or person performing the work to abate the condition constituting the violation within 10 days after the notice is received, and advise such person(s) that if the nuisance is not abated within such time period, the City may abate such nuisance.
C. The person performing the work and the owner of the parcel involved shall be liable for all cost of such abatement, including, but not limited to, reasonable attorney’s fees. (Ord. 337 § 1, 1978).
19.04.150 Performance of work without permit – Abatement procedure in emergency.
A. If it appears to the Director of Public Works that an emergency exists because of work described in this chapter performed without a permit, then without following the notice procedures established by this chapter, the Director of Public Works may order done all work necessary to remove, abate or mitigate the nuisance creating such an emergency.
B. The Director of Public Works may do the work with City work forces or may contract to have such work done.
C. The Director of Public Works shall keep a record of the costs of the work and charge such cost to the owner of the parcel involved who shall be obligated to reimburse the City for the cost of such work. (Ord. 337 § 1, 1978).
19.04.160 Performance of work without permit – Abatement costs.
A. If the cost of any abatement work, whether emergency or otherwise, done by or contracted by the City is not paid within 60 days after notice of the charges is mailed to the owner, then the amount of the charge, plus accrued interest at the rate of 10 percent per year from the date of mailing of the charges, shall constitute a lien against said real property. Said lien may be evidenced by recording a notice thereof with the County Recorder. Said lien may be foreclosed by a civil action.
B. In the alternative, recovery of any charges described in this section may be had through a civil action. (Ord. 337 § 1, 1978).
19.04.170 Chapter provisions do not diminish State or Federal water rights.
This chapter shall not be construed to diminish any existing or vested water rights acquired under the laws of the State or of the United States of America. (Ord. 337 § 1, 1978).