Chapter 8.20
OBSTRUCTION OF WATERCOURSES
Sections:
8.20.010 Purpose of provisions.
8.20.020 Duty to keep watercourses open.
8.20.030 Removal of obstructions by city authorized when.
8.20.040 Building permit issuance conditions.
8.20.050 Permit—Required for certain structures.
8.20.060 Permit—Application—Issuance conditions.
8.20.070 Setbacks allowed when—Permit conditions.
8.20.080 Violation—Public nuisance—Abatement.
8.20.010 Purpose of provisions.
The free and unobstructed flow of each and every creek, watercourse and natural drainageway in the city is declared essential to the proper drainage of the city and its environs, and to the protection of life and property therein. Any weeds, trees, debris, rubbish, or other materials of whatsoever kind which at any time interfere with the free and unobstructed flow of such drainage constitutes a public nuisance, and is hereby declared subject to summary abatement. (Ord. 338 N.S. § 1, 1974)
8.20.020 Duty to keep watercourses open.
Every owner and occupant of property in the city shall, at all times, keep all creeks, watercourses and other natural drainageways or portions thereof which flow upon, over or across the property of such owner and occupant free and clear of debris, rubbish or other materials which obstruct the flow or reduce the hydraulic capacity of the drainage way. Failure to do so shall constitute a public nuisance which may be abated. (Ord. 338 N.S. § 2, 1974)
8.20.030 Removal of obstructions by city authorized when.
The public works director of the city, or the officer performing the duties of the public works director, shall ascertain at all times whether any such creek, watercourse or drainageway is unlawfully obstructed, and shall remove any and all obstructions which come to his attention. He may, for that purpose, enter upon private property in the city upon reasonable notice to the occupant. (Ord. 338 N.S. § 3, 1974)
8.20.040 Building permit issuance conditions.
A. Before issuing any building permit for the erection or construction of any structure or building, the person issuing such permit shall determine whether such structure or building would interfere with the free flow of any water in any creek, watercourse or other natural drainageway.
B. If such a structure or building would interfere with the flow of water in any season, the permit shall not be issued until the applicant or owner has made reasonable and sufficient provisions for the free flow of the water.
C. The permit may be issued only after the applicant has entered into a contract in writing with the city, secured by a bond, in the manner of a contract for subdivision improvements, to assure the city that a necessary provision will be made in the course of construction. (Ord. 338 N.S. § 4, 1974)
8.20.050 Permit—Required for certain structures.
It is unlawful for any person to build, construct or maintain any retaining wall, crib wall, bulkhead or other structure in or upon any creek, watercourse or other natural drainageway in the city without first securing a permit from the public works director. (Ord. 338 N.S. § 5, 1974)
8.20.060 Permit—Application—Issuance conditions.
A. Any application for a permit described in Section 8.20.050 shall be accompanied by a drawing or plan describing the proposed structure, the materials to be used and type of construction, with such additional engineering detail as may be required to enable the public works director to determine whether the structure may be built without interfering with drainage.
B. Where the proposed construction requires special skill and knowledge, the plans shall be prepared by a licensed engineer.
C. If it appears from the application and the plans that the proposed construction will not impede the passage of drainage water, the permit shall be issued upon such terms and conditions as are reasonably necessary to ensure the continued flow of water at the affected location.
D. Appeal may be made for review by the city council of the denial of any permit or the imposition of any conditions upon such permit. (Ord. 338 N.S. § 6, 1974)
8.20.070 Setbacks allowed when—Permit conditions.
A. Notwithstanding any provisions above to the contrary, or provisions to the contrary in any other ordinance heretofore enacted by the city, no structures of any kind shall be erected, grading done, earth filled, vegetation planted, or any other act accomplished which would affect the natural conditions of any waterways unless a permit is obtained from the city or its designated officer, in those areas along natural watercourses within the city as delineated by a line on each side of the watercourse distant from the toe of the bank at a slope of 2.5:1 to the maximum high water elevation plus thirty feet, or thirty feet from the top of the bank, whichever is greater.
B. Such permits may be issued by the city upon sufficient showing by the applicant that the proposal if carried out, whether it be structure or else, will not endanger the natural and free flow of water within its course or present a flood or other property hazard to the owner or occupant of the property or to any other property which may be affected.
C. In no event shall permanent structures be built within the area delineated on both sides of any natural watercourse within the city by a line from the toe of the bank measured at the slope of 2.5:1 to the maximum high water elevation plus fifteen feet or fifteen feet from the top of the bank, whichever is less. (Ord. 343 N.S. § 1, 1975: Ord. 338 N.S. § 8, 1974)
8.20.080 Violation—Public nuisance—Abatement.
A. Any condition or structure described in the preceding sections of this chapter as a public nuisance is subject to abatement upon reasonable notice to the owner or occupant of the affected property, as conditions may require.
B. The city council or any city officer having cognizance of the matter by direction of the city council shall notify the owner or occupant of the affected property, or both, in writing of the existence of any nuisance and make demand for the removal or abatement thereof, giving reasonable time for abatement or removal as conditions, circumstances or emergency situations may require.
C. If the owner or occupant of the property does not remove or abate a nuisance under this chapter upon such notice, the city may proceed to remove or abate such nuisance in any manner allowed by law. (Ord. 338 N.S. § 7, 1974)