Corte Madera Municipal Code Ch. 9.32 Obstruction of Watercourses

As used in this chapter, "watercourse" is defined to mean any of the following:

(1) An elongated open depression, or channel, in which water may or does flow;

(2) A conduit, or channel, intended for the conveyance of water whether open or closed;

(3) A stream, or course of running water flowing on the earth;

(4) A ditch, or artificial channel created for the conveyance of water.

(Ord. 532 § 1, 1970)

The free and unobstructed flow of each and every watercourse in the town is essential to the proper drainage of the town and to the protection of life and property therein. Any weeds, trees, debris, rubbish, or other nonindigeneous material of whatsoever kind which, at any time, interferes with the free and unobstructed flow of water in any watercourse constitutes a public nuisance and is subject to summary abatement, and/or abatement in accordance with Chapter 9.04 of this code.

(Ord. 532 § 2, 1970)

Every owner of property in the town shall, at all times keep all watercourses or portions thereof which flow upon, over, or across, the property of the owner free and clear of debris, rubbish, or any other unnatural obstruction which measurably reduces the hydraulic capacity of the watercourse. The failure to do so constitutes a public nuisance which may be abated in accordance with Chapter 9.04 of this code, and the costs thereof assessed against the property.

(Ord. 532 § 3, 1970)

The director of public works of the town shall ascertain whether any watercourse is unlawfully obstructed and shall remove any and all such obstructions. He/she may, for that purpose, enter upon any private property in the town.

(Ord. 532 § 4, 1970)

Before issuing any building permit for the erection or construction of any building or structure, the building inspector shall determine whether or not such structure or building would interfere with free flow of any water in any watercourse in the town. If in the opinion of the building inspector such a building or structure would interfere with the flow of water in any season, the building permit shall not be issued until the applicant or owner of the premises involved has made ample provision for the free flow of water in the channel of said watercourse. The building permit may be issued only after provision for the flow of water has been completed or upon the posting of a bond to complete such work within such time and within such amount as the building inspector may require.

(Ord. 532 § 5, 1970)

It is unlawful to build, construct or maintain any retaining wall, crib wall, bulkhead or other structure in or upon any watercourse without first securing a permit therefor from the director of public works.

(Ord. 532 § 6, 1970)

Any person who desires to build, construct, or maintain any structure described in Section 9.32.060 shall apply for a permit therefor to the director of public works of the town. The application shall be accompanied by a drawing or plan clearly describing the proposed structure, the material, and type of construction to be employed and a cross-section of the structure, and its layout on the ground. The director may, where the proposed construction requires special skill and knowledge, require that the plan be prepared by a civil engineer duly licensed by the state.

If the director of public works finds and determines that the proposed construction will not, in any way, impede the passage of water within the watercourse, he/she shall approve the plans and issue a permit, subject to such conditions as he believes necessary to insure the continued flow of water.

Any person dissatisfied with any action by the director of public works hereunder may appeal the same to the town council, in writing, within ten days after notification thereof. The council shall conduct a hearing on such appeal and its decision shall be final.

(Ord. 532 § 7, 1970)

Any retaining wall, crib wall, bulkhead or other similar structure hereafter constructed without a permit as required by Section 9.32.070 is a public nuisance and may be abated in accordance with Chapter 9.04 of this code.

(Ord. 532 § 8, 1970)