12-13 GENERAL PROVISIONS. [2]

• 2 Editor’s Note: For grading provisions, see Chapter XIX, this Code.

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 enforcing officer or his duly appointed representative:

a. Impair or impede the natural flow of storm waters, or other water running in a detained channel, natural or man-made, 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.

a. Notice of Violation . In the event of a violation of this Article, and in addition to other penalties provided in this Code, the enforcing officer 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 Town. The notice shall state the nature of the violation, that the owner is required to abate the condition constituting the violation within ten (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 enforcing officer and the owner shall be liable to the Town for the cost thereof.

b. Abatement by Town . If the condition is not abated by the owner in accordance with the notice, the enforcing officer may abate the condition and shall charge the owner for the cost thereof. If this charge is not paid within sixty (60) days, the amount of the charge, plus accrued interest at the rate of six (6%) percent per year from the date of the charge, shall be added to the next regular tax bill sent to the owner by the Town 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 enforcing officer finds that a violation has created an emergency condition endangering the public health or safety, he may abate the condition in accordance with paragraph b. without giving the notice required by paragraph a.

This Article shall not prevent any person from performing emergency maintenance o, 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 ten (10) calendar days of the beginning of work.

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 Chapter II.

If, in addition to the requirements of Chapter II, 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.

The Contra Costa County Flood Control and Water Conservation District is charged with the responsibility for the administration of the provisions of this Article and shall appoint or delegate any or all of its authority to qualified persons for the purpose of the administration of this Article.