CHAPTER 15. WATERCOURSES

ARTICLE 1. GENERAL PROVISIONS

4-15-1000 PURPOSES:

(a)    It is the purpose of this Chapter to protect the health, safety and welfare of the residents of the County through the prevention of flooding from watercourses in the County and to protect the lands, fields, buildings, homes and roads in the County from such flooding. It shall be construed liberally to that end.

(b)    It is the intention of the Board to minimize the burden placed upon property owners in carrying out the purposes set forth in subsection (a) above. Accordingly, those methods of abatement are to be favored which are least costly and which are most directly related to protecting neighboring property.

4-15-1005 NOT EXCLUSIVE REGULATION:

This Chapter is not the exclusive regulation of watercourses. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.

4-15-1010 ADMINISTRATION AND ENFORCEMENT:

(a)    Except as otherwise provided, this Chapter shall be administered and enforced by the Public Works Director.

(b)    The Public Works Director, when he or she has probable cause to believe that a nuisance exists, as defined by section 4-15-1070 of this Chapter, may enter, inspect and investigate any watercourse located within the County.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1015 APPLICATION:

This Chapter applies to all land owned by any individual, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land owned by the United States and any agency of the United States, the State of California and any agency of the State, a city, and a public district or political subdivision of the State of California insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.

4-15-1020 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(a)    "Board" means the Board of Supervisors of the County of Tulare.

(b)    "Business days" means every day on which County offices generally are open to transact business which excludes Saturdays, Sundays and County holidays.

(c)    "Cost of Administration" means the cost to the County of performing the various administrative acts required under this Chapter with regard to the abatement of a nuisance, except the actual cost of abatement.

(d)    "Owner" means the person in whom is vested the ownership, dominion, or title of property and who has the right to dispose of the property.

(e)    "Public Works Director" means the Public Works Director of Tulare County acting either directly or through his or her duly authorized agents.

(f)    "Watercourse" means any defined natural stream, containing a definite bed, banks and channel that generally, although not necessarily continuously, collects or carries stream or surface water.

(Amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 3. NUISANCE

4-15-1070 DECLARATION OF NUISANCE:

Earth, rock, sand, trees and shrubs, tree branches, decaying vegetable and animal matter, ashes, garden clippings, debris, refuse, rubbish, trash, paper and paper products, tin cans or any other natural or manmade material or article which has grown, collected, accumulated or built up, from any cause, or which has been placed, by any person, in any watercourse, which creates or will create a flooding problem and which by virtue thereof constitute a danger to neighboring property or the health, safety or welfare of residents in the vicinity are hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this Chapter.

4-15-1075 OWNER’S DUTY:

It is the duty of every owner of property within the unincorporated area of Tulare County to prevent a nuisance described in section 4-15-1070 of this Article from arising in or existing in any watercourse running adjacent to or through his or her property.

(Amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 5. NOTICE OF NUISANCE

4-15-1125 NOTICE:

Whenever the Public Works Director determines that a nuisance described in section 4-15-1070 of this Chapter exists upon any property within the County he or she shall notify the owner of the property of the existence of the nuisance. Notice may be provided to any other person as determined by the Public Works Director.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1130 NOTICE: CONTENTS:

The notice required by section 4-15-1125 of this Article shall:

(a)    Identify the owner of the property upon which the nuisance exists as the name appears on the records of the County Assessor/Clerk-Recorder.

(b)    Contain a description of the property sufficient to give its location.

(c)    Contain a statement that a flood hazardous condition exists and that it has been determined by the Public Works Director to be a public nuisance as described in section 4-15-1070 of this Chapter.

(d)    Contain a statement that the owner may within fifteen (15) business days after mailing, posting or personal delivery of the notice make a request in writing to the Resource Management Agency Director for administrative review of the determination of the Public Works Director that a public nuisance exists or to show that for some other reason those conditions should not be abated in accordance with the provisions of this Chapter.

(e)    Contain a statement that, unless the owner abates the nuisance or requests administrative review of the determination of the Public Works Director within fifteen (15) business days after the date the notice was mailed, posted or delivered, the Public Works Director will abate the nuisance. With the exception of that condition described in section 4-15-1315 of this Chapter, it shall also state that the cost of such abatement, together with the cost of administration of the abatement program attributable to said abatement, may be made a special assessment added to the County assessment roll and become a lien on the real property, or placed on the unsecured tax roll.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1135 NOTICE: MAILING: PERSONAL DELIVERY: POSTING:

The notice required by section 4-15-1125 of this Chapter shall be served by delivering it personally to the owner, or by mailing it by regular mail to the owner as his or her address appears on the last equalized assessment roll, except that, if the records of the County Assessor/Clerk-Recorder show that the ownership has changed since the last equalized assessment roll was compiled, notice shall be mailed to the new owner. If service cannot with diligent effort be accomplished by personal delivery or by mail, notice may be given by posting copies of the notice along the subject property not more than one thousand (1,000) feet apart, but in no event shall fewer than two (2) signs be posted.

(Amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 7. ADMINISTRATIVE APPEAL OF NUISANCE

4-15-1185 ADMINISTRATIVE REVIEW: REQUEST:

The owner of the property may file with the Resource Management Agency Director a written request for administrative review on or before the fifteenth business day following the day of mailing of the notice or the date on which the notice was personally delivered or posted.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1190 ADMINISTRATIVE REVIEW: NOTICE:

If administrative review has been requested in accordance with section 4-15-1185 of this Article, the Resource Management Agency Director or designee, as administrative review officer, shall set a date and time for such administrative review and shall send a notice thereof by regular mail at least seven (7) business days before such date to the owner at the address set forth on his or her request and shall notify the Public Works Director of such review.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1195 ADMINISTRATIVE REVIEW: CONDUCT:

At the date and time set, administrative review shall be conducted by the administrative review officer. The administrative review officer shall consider all pertinent information offered by all interested persons.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1200 ADMINISTRATIVE REVIEW: DECISION: APPEAL:

At the conclusion of the administrative review, the administrative review officer may determine:

(a)    That no public nuisance exists.

(b)    That a public nuisance exists which should be abated in accordance with section 4-15-1255 of this Chapter. The administrative review officer shall thereupon order the nuisance abated by the owner by a specified date which shall be no sooner than ten (10) business days following the mailing of notice of the administrative review officer’s decision.

(c)    That a public nuisance exists which may be remedied by some procedure proposed by the owner other than abatement. If the administrative review officer determines that another procedure proposed by the owner may be employed to remove the public nuisance, the officer shall set a reasonable time within which the owner shall complete that procedure. If the owner fails to complete the procedure proposed within the time limit set by the administrative review officer, the Public Works Director may, upon ten (10) business days’ notice sent by him or her to the owner by regular mail, commence abatement in accordance with section 4-15-1255 of this Chapter.

(d)    Any person aggrieved by any decision of the administrative review officer may appeal to the County Hearing Officer as set forth in Chapter 31 of Part I of this Code. The notice of appeal shall be filed within ten (10) business days following the mailing of notice of the administrative review officer’s decision.

(e)    The decision of the County Hearing Officer shall be final as to all matters determined at said hearing.

(Amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 9. ABATEMENT

4-15-1250 ABATEMENT BY OWNER:

Any owner may abate or cause to be abated a nuisance described in section 4-15-1070 of this Chapter at any time prior to commencement of abatement by the County.

4-15-1255 ABATEMENT: ENTERING PRIVATE PROPERTY:

If a nuisance is not corrected or abated by the owner, and if no request for administrative review as provided by section 4-15-1185 of this Chapter is received within the fifteen (15) day period prescribed by section 4-15-1185 of this Chapter, or if no request for administrative review as provided by subdivision (d) of section 4-15-1200 of this Chapter is received within the period prescribed by section 4-15-1200 of this Chapter, or if the administrative review officer or County Hearing Officer has directed that the nuisance be corrected or abated, and it has not been corrected or abated within the time set by the administrative review officer or County Hearing Officer, the Public Works Director shall cause the nuisance to be abated by County forces, contractors employed by the County, or through contracts with other governmental entities. The Public Works Director, County employees who are to perform the work, and contractors or other governmental entities employed by the County to perform the work may enter upon private property on which the nuisance exists for the purpose of abating the nuisance.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1260 SAME: EMERGENCIES:

Regardless of the provisions of section 4-15-1255 of this Chapter, if it appears to the Public Works Director, in the exercise of his or her reasonable judgment, that the failure to abate the nuisance immediately without giving the notices and holding the administrative review prescribed in Articles 5 and 7 of this Chapter presents an immediate threat or danger to the public health, safety and welfare, the Public Works Director may abate such nuisance immediately to the extent necessary to eliminate the threat or danger without following the notice and administrative review requirements set forth in said Article 7.

(Amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 11. PAYMENT OF COSTS

4-15-1310 ACCOUNTING:

The Public Works Director shall keep an account of the cost of each abatement carried out by the County and shall render a report in writing to the County Hearing Officer showing the cost of abatement and the cost of administration. If property under more than one ownership has been included in an overall abatement project, the account shall show said costs for the property owned by each owner separately.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1315 SAME: EXCEPTIONS:

Notwithstanding the provisions of section 4-15-1310 of this Article, no accounting shall be made, nor shall the owner be required to reimburse the County for the costs of abatement or the cost of administration if the condition being abated resulted solely from natural causes or was solely caused or created by some person other than the owner or his agents, employees, representatives or any person connected with the owner by blood or affinity.

4-15-1320 HEARING ON ACCOUNTING: NOTICE: WAIVER BY PAYMENT:

Upon receipt of the account of the Public Works Director, the Clerk of the Board shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time specified in the notice which is not less than five (5) business days after the date of mailing of the notice, the County Hearing Officer will review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Public Works Director at any time prior to the time set for the hearing by the County Hearing Officer. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right to said hearing and an admission that said accounting is accurate and reasonable.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1325 HEARING ON ACCOUNTING:

(a)    At the time fixed, the County Hearing Officer shall meet to review the report of the Public Works Director. The owner may appear at said time and be heard on the questions whether the accounting and the costs included are accurate and the amounts reported are reasonable.

(b)    The report of the Public Works Director shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.

(c)    The hearing shall be conducted in the manner prescribed in Chapter 31 of Part I of this Code.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1330 MODIFICATIONS:

The County Hearing Officer shall make such modifications in the accounting as he or she deems necessary based on the evidence at the hearing and thereafter shall confirm the accounting by written decision.

(Amended by Ord. No. 3559, effective 6-20-19)

4-15-1335 SPECIAL ASSESSMENT AND LIEN:

The Board may order that the cost of abating nuisances pursuant to this Chapter and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code of the State of California; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll.