CHAPTER 4
DRAINAGE
Article 1 GENERAL PROVISIONS
6.4.102 Acts Requiring Permits.
No person, firm, corporation, municipality, or public district shall commit or cause to be committed any of the acts hereinafter described, unless a written permit has first been obtained from the City Engineer or his/her duly appointed representative:
a. Impair or impede the natural flow of storm waters, or other water running in a detained channel, natural or manmade, or cause or permit the obstruction of such channel;
b. Deposit any material in such channel;
c. Alter the surface of land so as to reduce the capacity of such channel;
d. Construct, alter, or repair any storm water drainage structure, facility, or channel without first obtaining a permit therefor, as herein provided;
e. Commit any act, within any easement dedicated for drainage purposes that will impair the use of such easement for such purposes.
6.4.104 Violations; Notice; Abatement.
a. Notice of Violation. In the event of a violation of this article, and in addition to other penalties provided in this Code, the City Engineer may send a written notice to the owner of the property on which the violation occurred at the address of the owner as it appears on the assessment roll of the City. The notice shall state the nature of the violation, that the owner is required to abate the condition constituting the violation within 10 days after the notice is received, and that if the owner fails to abate the condition within that period, the condition may be abated by the City Engineer and the owner shall be liable to the City for the cost thereof.
b. Abatement by City. If the condition is not abated by the owner in accordance with the notice, the City Engineer may abate the condition and shall charge the owner for the cost thereof. If this charge is not paid within 60 days, the amount of the charge, plus accrued interest at the rate of 6% per year from the date of the charge, shall be added to the next regular tax bill sent to the owner by the City and shall be collected in the manner fixed by law for the collection of taxes, or in the alternative, recovery therefor may be had through civil action.
c. Emergency Abatement. If the City Engineer finds that a violation has created an emergency condition endangering the public health or safety, he/she may abate the condition in accordance with subsection (b) of this section without giving the notice required by subsection (a) of this section.
6.4.106 Emergency Work Authorization.
This article shall not prevent any person from performing emergency maintenance, work within, on, over, under, or through any watercourse, channel, ditch, conduit, or natural drainageway, as necessary and proper for the preservation of life or property when an urgent necessity arises. The person performing the emergency work shall apply for a written permit within 10 calendar days of the beginning of work.
6.4.108 Appeal to Planning Commission.
Any person aggrieved by the refusal or the terms of a permit required by this article may appeal to the Planning Commission. Administration of this section is referred to the Planning Commission under Title 2 of the Oakley Municipal Code.
6.4.110 Conditions Required for Permit Granting.
If, in addition to the requirements of Title 6, Chapter 2 Article 4 of this Code, the Planning Commission finds all of the following to be true, the permit shall be granted:
a. That the applicant will be substantially damaged by the refusal to grant the permit;
b. That no other reasonable method of obtaining the desired results is available except as proposed by the applicant;
c. That the granting of the permit will not be materially detrimental to the public interest, safety, health, and welfare, or injurious to other property.
Article 2 PERMITS
6.4.202 Issuance.
The written permits required by this article shall be issued by the City Engineer or his/her lawful appointee, for any lawful use, subject to conditions set forth in this article and as required by law. The issuance of a permit shall in no manner whatsoever imply or impute a responsibility or liability to the City, the County, the Contra Costa County Flood Control and Water Conservation District, or their employees, for injuries resulting from any act or condition regulated by this article.
6.4.204 Application; Form.
The City Engineer shall prescribe and provide a standard form of application for a permit required by this article and such application, when duly executed mad signed by the City Engineer, shall become the permit. The application form shall state the property owner’s name, together with such details as in the opinion of the City Engineer are necessary to establish the purpose of the act or work to be performed, the location, dimensions, estimated total cost, and the dates for commencement and for completion of the act or work, except that the City Engineer at his/her discretion may establish the date for completion. The application shall be executed by the property owner or his/her duly appointed agent and deposited with the City Engineer.
6.4.206 Application; Exhibits.
The applicant shall enclose with, include, attach, or add to the application for a permit a map, plat, sketch, diagram, or similar exhibit of a size and in such quantity as the City Engineer may prescribe, on which exhibit shall be plainly shown any and all information of a technical or engineering nature necessary to locate, delineate, illustrate, identify, justify, and substantiate the proposed act or work, and the right and necessity of the applicant to perform the act or work. The City Engineer may require to be submitted such soil investigation, tests of materials, engineering plans and investigations, and technical reports as he/she may deem necessary and proper. If necessary, changes, correction, and notes may be made on any such exhibit and these items shall become an integral part of the permit when attested to by the City Engineer.
6.4.208 Consent of Persons Affected.
The applicant shall enclose with, attach, or add to the application for a permit the written consent and waiver of liability given by any and all persons or bodies politic having jurisdiction, who of themselves or their property would be affected in any manner by the acts or works to be performed.
6.4.210 Permit Types Designated.
Written permits required by this article shall be one of the following types, depending on the decision of the City Engineer:
a. "Regular permits" to do work under the provisions of this article shall be issued for the performance of those acts or works permitted by this article.
b. "Conditional permits" shall be issued when such conditions or circumstances exist or will foreseeably occur which could in any manner be adverse to the performance of the acts or works or be adverse to the purpose for which the acts or works are to be performed. Such conditions or circumstances shall be specifically set forth upon the application for permit or shall be attached thereto and shall be considered incorporated in the permit.
c. "Emergency permits" shall be issued for reasons necessitating emergency action as set out in Section 6.2.112.
6.4.212 Term; Beginning of Work.
The permittee shall begin the act or work authorized by a permit issued pursuant to this article within 30 calendar days from date of issuance, unless another date is specifically indicated in the permit, and the permittee shall notify the City Engineer at least 48 hours prior to beginning work. Should the act or work not be commenced on or before the date indicated in the permit, then the permit shall become void unless, prior to the date of expiration, the permittee presents good and sufficient reason for an extension of time and the date is extended by the City Engineer in writing. A permit which has become void by reason of non-commencement of work prior to the stipulated date may be renewed at the discretion of the City Engineer and upon payment of a renewal fee as provided for in the schedule of fees adopted by the City Council.
6.4.214 Completion of Work.
The permittee shall complete the act or work authorized by a permit issued pursuant to this article within the time and before the date stipulated in the permit. The permittee shall notify the City Engineer in writing upon completion of any act or work, and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by a representative of the City Engineer, unless such inspection is waived by the City Engineer, and no permittee shall be deemed to have complied with this article until such inspection has been performed.
6.4.216 Unsatisfactory Work; Correction By City; Costs.
Should the work described in a permit be performed in such a manner as to be deemed unsatisfactory and/or unacceptable by the City Engineer, then the work shall be reconstructed by the permittee to the satisfaction of the City Engineer. Should the City Engineer deem that delay in pursuit or completion of the act or work be due to lack of diligence or willful act on the part of the permittee, or should the work performed be deemed unsatisfactory and/or unacceptable; then, if essential to the health, safety, or welfare of the general public, the City Engineer shall request the City Council for authorization to contract with any licensed general contractor to complete, erect, install, reconstruct, or alter all structures or work in conformance with approved plans and specifications, or to remove all structures and obliterate all work not completed. The costs incurred thereby shall be repaid to the City by the deduction of the costs from the cash or surety bond deposited by the permittee with the City for the performance of the work; provided, further, that should such costs exceed the total of the cash deposit or surety bond of the permittee, then any and all additional costs shall become a lien against the permittee’s property, real and otherwise.
6.4.218 Changes In Character of Authorized Work.
No changes shall be made in the location, dimensions, materials, or character of the work authorized in a permit, except upon written authorization to do so by the City Engineer.
6.4.220 Transfer.
A permit issued pursuant to this article shall not be transferable by, for, or on behalf of the person, his/her heirs, assigns, or successors, to whom the permit issued.
6.4.222 Fees.
The fees for permits for the performance of acts or works under this article shall be those recommended by the City Engineer and established and adopted by the City Council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the City Engineer, for payment to the City Clerk, cash or check in sufficient sum to cover the fee for issuance of the permit, in accordance with schedules established and adopted by the Council. No fee shall be required for municipalities or public districts.
6.4.224 Security; Cash Deposit Or Bond Required.
Prior to the issuance of a permit the applicant shall deposit with the City Engineer cash or check for payment to the City Clerk in an amount deemed adequate by the City Engineer but not exceeding the estimated total cost, including all labor and materials, of the work to be performed; except that such deposit may be waived by the City Engineer. In lieu of a cash deposit, the applicant may file an approved surety bond issued by a company or corporation authorized to engage in general surety business in the State of California. The conditions of any cash deposit or surety bond made pursuant to this subsection shall be that the permittee will diligently and in good faith comply with all provisions of this article, with all terms and conditions contained in the permit issued him/her, and will pursue the work to completion without undue delay except for reasonable cause. Upon satisfactory and acceptable completion of the work as set forth in Section 6.2.214, the cash deposit shall be refunded to the permittee or the permittee shall be exonerated from his/her surety bond by the City Engineer in writing upon the expiration of 90 days. The City Engineer shall not be responsible to ascertain whether there exist unsatisfied liens against the premises upon which the work was performed.