Citrus Heights Municipal Code Art. II Watercourses

Footnotes:

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Cross reference— Dumping garbage in watercourse prohibited, § 74-8; utilities, ch. 98.

As used in this article, the following definitions are taken from the pamphlet entitled "Letters, Symbols and Glossary for Hydraulics," prepared by the American Society of Civil Engineers in its Manual of Engineering Practices No. 11 adopted October 13, 1935:

Channel means an elongated open depression in which water may or does flow.

Conduit means a general term for any channel intended for the conveyance of water, whether open or closed; any container for flowing water.

Ditch means an artificial channel usually distinguished from a canal by its smaller size.

Drainage means:

(1) A process of removing surplus groundwater 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. No. 97-01, § 2(13.04.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Definitions generally, § 1-2.

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 gauge, 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. The city engineer shall investigate such applications and make his or her recommendations thereon to the city council. 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. No. 97-01, § 2(13.04.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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 county recorder any wire, 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 that is placed where the natural flow of the stormwaters and floodwaters would carry such downstream to the damage and detriment of either private or public property adjacent to the drainage ditch, watercourse, channel or conduit.

(Ord. No. 97-01, § 2(13.04.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is unlawful for any person to change the drainage on his or her property so as to divert the drainage to the nearest public road, without first obtaining a permit from the city council.

(Ord. No. 97-01, § 2(13.04.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

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 stormwater or drainage water unless a permit has been obtained from the city council.

(Ord. No. 97-01, § 2(13.04.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is unlawful for any person to do anything to any drainage ditch, watercourse, channel or conduit carrying stormwater 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 has been obtained from the city council.

(Ord. No. 97-01, § 2(13.04.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Every property owner, whether it be a person, or his or her lessee or tenant, through whose property a drainage ditch, watercourse, channel or conduit carrying stormwater or drainage water passes, shall keep and maintain the drainage ditch, watercourse, channel or conduit free from obstacles that will prevent or retard the flow of water through such ditch, watercourse, channel or conduit, except that the drainage ditch, watercourse, channel or conduit may be filled or altered if a permit has been first obtained pursuant to this article.

(Ord. No. 97-01, § 2(13.04.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Any person desiring to obtain a permit as provided in this article shall file an application in writing therefor with the city council which shall state the following:

(1) The name and address of the applicant; if the applicant is a corporation, the names and addresses of the principal officers thereof.

(2) The place where such work is to be done.

(3) A 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 article.

(4) The total estimated cost of the proposed work.

(5) If the permit is granted, the applicant agrees that all works specified in the application will be commenced within 30 days after the permit is granted and will be pursued to its completion with reasonable diligence.

(Ord. No. 97-01, § 2(13.04.080), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) The city council shall issue a permit to do the work proposed pursuant to this article in the manner specified in the application or in such manner as the city council may determine as required to carry out the purposes of this article and upon payment of the fees required by this section, if the city council determines that the work will not:

(1) Interfere with the flow of natural stormwaters.

(2) Injure adjoining property.

(b) The applicant, at the time of obtaining any such permit, shall pay to the city an amount equal to two percent of the estimated cost of the work to be done as indicated by the permit if the estimated cost is $1,000.00 or less and, in addition, an amount equal to 1½ percent of the estimated cost of the work in excess of $1,000.00 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 required to be paid be less than $1.00. 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, the permittee shall pay to the city the actual costs of such tests.

(Ord. No. 97-01, § 2(13.04.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

If the work is not done in accordance with the terms of the permit issued pursuant to this article and contrary to the instructions of the inspector, the applicant or permittee is to be considered to have violated the terms of this article and shall be subject to the terms of section 78-38. 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, 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 or her property.

(Ord. No. 97-01, § 2(13.04.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The city council may delegate any or all of its authority under this article to the city engineer as it may see fit. Whenever the city council has so delegated its authority, the city engineer shall be considered as acting for and on behalf of the city council.

(Ord. No. 97-01, § 2(13.04.110), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) Notwithstanding section 1-21 and unless otherwise stated in this article, a violation of any of the sections of this article or failure to comply with any of the regulatory requirements of this article shall be punishable as follows:

(1) A first violation of any of the sections of this article is punishable as an infraction; and

(2) A second or subsequent violation of the same section of this article committed within 72 hours of the previous violation shall be a misdemeanor.

(b) Every violation of this article constituting an infraction is punishable as follows:

(1) A fine not exceeding $50.00 for a first violation.

(2) A fine not exceeding $100.00 for a second violation of the same section within one year.

(3) A fine not exceeding $250.00 for each additional violation of the section within one year.

(c) Every violation of this article constituting a misdemeanor is punishable by a fine not in excess of $500.00 or by imprisonment in jail for not more than six months or by both.

(Ord. No. 97-01, § 2(13.28.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

This article or any section in this article or portion of this article may, by resolution duly adopted by the city council, be made inapplicable during the period of the conduct of a festival, commemoration, celebration, ceremony, or other similar special event, upon such terms and conditions as the city council may prescribe within the resolution.

(Ord. No. 97-01, § 2(13.28.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)