Chapter 13.04
OBSTRUCTIONS
Sections:
13.04.030 Change of direction.
13.04.050 Permit required for obstruction.
13.04.060 Obstruction of flow unlawful – Exception.
13.04.070 Responsibility of property owner.
13.04.100 Unsatisfactory work.
13.04.110 Delegation of authority.
13.04.010 Definitions.
The following definitions are taken from the pamphlet entitled “Letters, Symbols and Glossary for Hydraulics” prepared by the American Society of Civil Engineers in their Manual of Engineering Practices No. 11 adopted October 13, 1935:
A. “Channel” means an elongated open depression in which water may or does flow;
B. “Conduit” is a general term for any channel intended for the conveyance of water, whether open or closed, or any container for flowing water;
C. “Ditch” means an artificial channel usually distinguished from a canal by its smaller size;
D. “Drainage” means:
1. The process of removing surplus ground or surface water by artificial means;
2. The manner in which the waters of an area are removed;
3. The area from which waters are drained, a drainage basin. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.020 Permit required.
It is unlawful for any person to interfere with, destroy or use in any manner whatsoever any levee, embankment, channel, dam, reservoir, rain or stream gauges, telephone line, piling, or other stream protection work constructed by the City or by any drainage district organized under the laws of the State without having received a written permit therefor from the City Council, which permit shall be revocable whenever, in the opinion of the City Council, the public interest and welfare require the revocation thereof. Application for the use of any levee, embankment, channel, dam or reservoir shall be made to the City engineer, setting forth the particular use desired and the purpose and duration thereof, and the City engineer shall investigate such applications and make his recommendations thereon to the City Council, and the City Council may impose such terms and conditions as may be necessary to ensure the proper maintenance of the property for flood control and drainage purposes. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.030 Change of direction.
It is unlawful for any person to place on or cause to be placed in any drainage ditch, watercourse, channel or conduit or upon any property over which the City, or any drainage district, has an easement for flood control or drainage purposes duly recorded in the Office of the Sacramento County Clerk-Recorder, any wires, fence, building or other structure, or any refuse, rubbish, tin cans or other matter that may impede, retard, or change the direction of the flow of water in such drainage ditch, watercourse, channel or conduit, or that will catch or collect debris carried by such water, or is placed where the natural flow of the storm and flood waters would carry the same downstream to the damage and detriment of either private or public property adjacent to the drainage ditch, watercourse, channel or conduit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.040 Diverting drainage.
It is unlawful for any person to change the drainage on his property so as to divert the drainage to the nearest public road without first obtaining a permit so to do from the City Council. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.050 Permit required for obstruction.
It is unlawful for any person to fill or obstruct or maintain any fill or obstruction in any drainage ditch, watercourse, channel or conduit carrying storm or drainage water unless a permit so to do has been obtained from the City Council. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.060 Obstruction of flow unlawful – Exception.
It is unlawful for any person to do anything to any drainage ditch, watercourse, channel or conduit carrying storm or drainage water that will in any manner obstruct or interfere with the flow of water through such ditches, watercourses, channels or conduits unless a permit so to do has been obtained from the City Council. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.070 Responsibility of property owner.
Every property owner, whether it be a person or his lessee or tenant, through whose property a drainage ditch, watercourse, channel or conduit carrying storm or drainage water passes, shall keep and maintain the same free from obstacles that will prevent or retard the flow of water through such ditch, watercourse, channel or conduit except that same may be filled or altered if a permit so to do has been first obtained pursuant to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.080 Application.
Any person desiring to obtain a permit as hereinabove provided shall file an application in writing therefor with the City Council, which shall state:
A. The name and address of the applicant, and if the applicant is a corporation, the names and addresses of the principal officers thereof;
B. The place where such work is to be done;
C. Description of the work to be done, together with the materials to be used therefor, accompanied by a diagram of the proposed work and such other information as the City Council may require to carry out the purposes of this chapter;
D. Total estimated cost of the proposed work;
E. That if the permit is granted, the applicant agrees that all work specified in the application will be commenced within thirty (30) days after the permit is granted and will be pursued to its completion with reasonable diligence. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.090 Issuance.
A. If the City Council determines that the work 1) will not interfere with the flow of natural storm waters and 2) will not injure adjoining property, the City Council shall issue a permit to do the proposed work in the manner specified in the application, or in such manner as the Council may determine as required to carry out the purposes of this chapter, and upon payment of the fees required by this section.
B. The applicant at the time of obtaining any such permit shall pay to the City an amount equal to two (2%) percent of the estimated cost of the work to be done as indicated by the permit if the estimated cost is One Thousand and no/100ths ($1,000.00) Dollars or less, and in addition, an amount equal to one and one-half (1.5%) percent of the estimated cost of the work in excess of One Thousand and no/100ths ($1,000.00) Dollars as a permit fee to cover the ordinary inspection cost of the work to be performed; provided, however, that in no event shall the permit fee herein required to be paid be less than One and no/100ths ($1.00) Dollar. In addition, if it is determined by the agency charged with inspection that any special test such as, but not limited to, soil tests, compaction tests, materials tests, or other special tests are required, then the permittee shall pay to the City the actual costs of such tests. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.100 Unsatisfactory work.
If the work is not done in accordance with the terms of the permit and contrary to the instructions of the inspector, then the applicant or permittee is to be considered to have violated the terms of this chapter and shall be subject to the terms of EGMC Section 13.04.080 which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. Furthermore, the work must be reconstructed pursuant to the terms of the original permit. If not so done by the applicant or permittee, and if essential to the health, welfare or safety of the general public, then the City Council may order the work to be done, which work must be paid for by the permittee or applicant, and if not paid shall be a lien against his property. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
13.04.110 Delegation of authority.
The City Council may delegate any or all of its authority to the Public Works Director or his or her designee as it may see fit. Whenever the Council has so delegated its authority, then the Public Works Director shall be considered as acting for and on behalf of the City Council. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]