Chapter 8.24
STREAMBED OBSTRUCTIONS
Sections:
8.24.040 Notice to owner--Posting.
8.24.050 Notice to owner--Content.
8.24.060 Notice to owner--Appeal.
8.24.070 Abatement by city--Authority.
8.24.080 Abatement by city--Recordkeeping.
8.24.090 Abatement by city--Appeal of assessment.
8.24.100 Abatement by city--Confirmation of assessment.
8.24.010 Nuisance declared.
The council finds that the presence of vegetation, structures, debris or other materials which obstruct or tend to interfere with the natural stream flow are conditions that are dangerous and injurious in that said obstructions may alter the natural water flow and result in flooding of surrounding property and thereby constitute a public nuisance. (Ord. 633 §2, 1984)
8.24.020 Definitions.
For the purpose of this chapter, the following definitions shall apply: “Streambed obstruction” means any vegetation, structure, debris or other thing which exists, or which has fallen or is likely to fall during a subsequent flood or wind storm at a location within or along a streambed where said obstruction could cause interference with or diversion of the streamflow or could become waterborne during periods of heavy runoff. (Ord. 633 §1, 1984)
8.24.030 Inspections.
A. The director of public works shall inspect all trees, structures and other things within and adjacent to all streams, channels and watercourses within the city to determine whether or not any such thing constitutes a streambed obstruction, as defined in this chapter. Whenever he finds any such streambed obstruction, he shall give notice for the removal of such obstruction as provided herein.
B. The director of public works is authorized to make such inspections and take such action as may be required to enforce this chapter. (Ord. 633 §§3, 4, 1984)
8.24.040 Notice to owner--Posting.
The director of public works shall notify the owner and resident of the real property involved of the existence of a streambed obstruction upon his property by the following methods:
A. Posting notice adjacent to the main driveway entrance to the property; and
B. Sending notice by certified mail, return receipt requested, to the person listed on the assessor’s latest equalized roll as to the owner thereof. (Ord. 633 §5, 1984)
8.24.050 Notice to owner--Content.
The notice shall be entitled “Notice to Clear Streambed Obstruction” and shall be dated and mailed to the owner or owners of the subject property as shown in the last equalized assessment roll. The notice shall direct the removal of the stated public nuisance, including vegetation, structures, debris, or any other material, and shall state that if work is not commenced within twenty days from the date of notice, the director of public works shall cause the removal of the public nuisance and the cost of removal will be assessed upon the property and become a lien upon the property until paid. The notice shall refer to this chapter for particulars. (Ord. 633 §6, 1984)
8.24.060 Notice to owner--Appeal.
Any property owner or his authorized agent aggrieved by the action of the director of public works in giving said “Notice to Clear Streambed Obstruction” may appeal to the city council in. writing within ten days of receipt of the notice. (Ord. 633 §7, 1984)
8.24.070 Abatement by city--Authority.
Upon the failure, neglect or refusal of an owner or his authorized agent so notified to remove and dispose of the public nuisance within fifteen days from the date of notice, or ten days from the date of determination of an appeal by the city council as provided herein, the director of public works shall remove or cause to be removed, said public nuisance, in a manner he deems most suitable, including the use of private contractors, and shall apply the charge of said removal to the subject property owner. Said charges shall be determined by the director of public works and shall be the actual costs of abating the nuisance together with reason able overhead and incidental expenses of the removal of the nuisance. (Ord. 633 §8, 1984)
8.24.080 Abatement by city--Recordkeeping.
The director of public works shall cause to be kept a permanent record showing the description of each property, parcel and lot for which a notice has been given in accordance with the provisions of this chapter, and the amount of the actual costs, including overhead and incidental expenses for the removal of the nuisances. (Ord. 633 §9, 1984)
8.24.090 Abatement by city--Appeal of assessment.
Following the first day of June of each year and at least ten days prior to the date set for the confirmation of assessments, the director of public works shall notify the owner or agents of all property, parcels or lots cleaned during the previous fiscal year of the time and place wherein the proposed assessments are to be confirmed. Any owner of property liable to be assessed for the work may make protest in writing with the city clerk against the proposed improvement at any time not later than the hour set for the hearing. Such protest must contain a description of the property in which each signer thereof is interested, sufficient to identify said property and, if the signers are not shown on the last equalized assessment roll as owners of said property, must be accompanied by written evidence that such signers are owners of said property. (Ord. 633 §10, 1984)
8.24.100 Abatement by city--Confirmation of assessment.
At the time and place fixed for the confirmation of proposed assessments, the city council shall hear and pass upon all protests and its determination thereupon shall be final. Following the hearing of all protests, the city council shall confirm the proposed assessments and such assessments shall become a lien upon the described real property. The director of public works shall thereafter deliver to the county assessor a listing of the confirmed assessments and the amount of the assessments shall be collected at the time and in the manner of ordinary property taxes. (Ord. 633 §11, 1984)