Los Angeles County Municipal Code Ch. 19 Use of District Property and Facilities by Others

The purpose of this Chapter 19 is to clarify the rules and regulations that are applicable to the entry, occupancy, and use of the property and facilities of the Los Angeles County Flood Control District ("District") by other public entities, private parties, and members of the public generally. These rules and regulations are intended to apply to all property, easements, and facilities owned by the District, whether located within the unincorporated territory of the County of Los Angeles, within the boundaries of any city, or elsewhere.

(Ord. 2020-0026 § 2, 2020; Ord. 2013-0034 § 1, 2013.)

The definitions set forth in Section 21.03 of Chapter 21 of this code shall apply to this Chapter 19. In addition, the following definition shall apply to this Chapter 19:

A.

"Invasive species" means any species of plant, fish or animal that is non-native to the ecosystem under consideration and, if introduced into that ecosystem, would cause or be likely to cause economic or environmental harm or harm to human health as determined by the Chief Engineer.

(Ord. 2013-0034 § 1, 2013.)

Agreement.

A.

Except as expressly authorized by signs posted by the District, a written permit issued by the Chief Engineer, or a written agreement with the District, no person shall enter upon, occupy or use in any manner, any property or facility owned by the District, including without limitation, any channel, reservoir, basin, spreading ground, levee or sediment placement site, or any property in which the District has an easement or fee title.

B.

The Chief Engineer may issue a permit, or enter into or amend an agreement, authorizing the entry upon, occupancy, or use of any property or facility owned by the District, in accordance with the following provisions:

Application for the permit, agreement or amendment shall be made to the Chief Engineer and shall include the particular activity proposed, the purpose and duration thereof, and any other information requested by the Chief Engineer.

The Chief Engineer may issue the permit, or enter into or amend the agreement, if he or she determines that the proposed activity, purpose and duration will not interfere with or be inconsistent with the District's uses and purposes, and provided further, that:

a.

The compensation for the permit conforms to Section 17.05 of this Code; or

b.

The compensation, if any, for the agreement or amendment does not exceed ten thousand dollars ($10,000.00) per month and the term or amended term of the agreement is month-to-month not exceeding a maximum duration of fifty (50) years, or is a fixed term not exceeding fifty (50) years.

The Chief Engineer may impose such additional terms and conditions in the permit, agreement or amendment as he or she deems necessary to provide for the protection and proper operation and maintenance of the property or facility for the District's uses and purposes and for compliance with local, State and federal laws, rules and regulations.

C.

Subsection A shall not apply to activities undertaken by District employees and contractors, peace officers and fire fighters in the course of their official duties. Such persons shall, however, comply with the District's rules and policies regarding such activities.

(Ord. 2020-0026 § 3, 2020; Ord. 2013-0034 § 1, 2013.)

Prohibited.

A.

Except as expressly authorized by a written permit issued by the Chief Engineer or a written agreement with the District, no person shall do any of the following:

Interfere with, cause damage to, or destroy any property or facility owned by the District, including without limitation, any channel, reservoir, basin, spreading ground, levee or sediment placement site, or any property in which the District has an easement or fee title;

Place or cause to be placed within or upon any property or facility owned by the District, including without limitation, any channel, reservoir, basin, spreading ground, levee or sediment placement site, or any property in which the District has an easement or fee title, any object or matter, including without limitation wires, fences, buildings, pads, patios, corrals or other structures, or any landscaping or gardens, refuse, rubbish, tin cans, construction debris, vegetative matter, soil, rock, or plants, that may impede, retard, or change the normal direction of the flow of any flood, storm, or other waters on or across such property or facility, or that may catch or collect debris carried by such waters, or that may be carried downstream by such waters to the damage and detriment of either private or public property within or adjacent to said property or facility;

Place, discharge or cause to be placed or discharged within or to any property or facility owned by the District, including without limitation, any channel, reservoir, basin, spreading ground, levee or sediment placement site, or any property in which the District has an easement or fee title, any material, either solid, liquid, or gaseous, that will impair the quality of water flowing on or across such property or facility or stored on such property or facility or within the water-bearing zones underground;

Place or cause to be placed within or upon any easement held by the District, any object or structure in such a location or in such a manner as to interfere with or obstruct the District's ready and easy access to or use of the easement area. Upon notification by the Chief Engineer, any such object or structure shall be immediately removed by the responsible party at no expense to the District, and shall not be replaced;

Place or cause to be placed any invasive species of plant, fish or animal within or upon any property or facility owned by the District, including without limitation, any channel, reservoir, basin, spreading ground, levee or sediment placement site, or any property in which the District has an easement or fee title.

B.

Subsection A shall not apply to activities undertaken by District employees and contractors, peace officers and fire fighters, in the course of their official duties. Such persons shall, however, comply with the District's rules and policies regarding such activities.

(Ord. 2013-0034 § 1, 2013.)

The Chief Engineer is authorized to grant or otherwise convey to any county or city an easement for street and highway purposes over any real property owned by the District provided the Chief Engineer determines that the easement will not interfere with or be inconsistent with the District's use of the property and further provided the compensation for such easement does not exceed three hundred thousand dollars ($300,000.00).

(Ord. 2020-0026 § 4, 2020.)

Except as expressly provided otherwise in a written permit issued by the Chief Engineer or a written agreement with the District, any person entering upon, occupying or using any property or facility owned by the District, including without limitation, any channel, reservoir, basin, spreading ground, levee or sediment placement site, or any property in which the District has an easement or fee title, as authorized by this chapter, does so at his or her own risk without liability on the part of the District for any injury to person or property resulting therefrom.

(Ord. 2013-0034 § 1, 2013.)

The Chief Engineer is authorized to take the following actions related to the California Environmental Quality Act ("CEQA") in connection with exercising any authority delegated to the Chief Engineer in this Chapter when the District is acting as a Responsible Agency under CEQA:

A.

Determine whether or not a project is exempt from CEQA;

B.

Review and consider Environmental Impact Reports, Mitigated Negative Declarations and Negative Declarations certified or adopted by other public agencies;

C.

Determine whether or not a project described in an Environmental Impact Report, Mitigated Negative Declaration or Negative Declaration certified or adopted by another public agency would have a significant effect on the environment;

D.

Make findings as required by section 15091 of Title 14 of the California Code of Regulations; and

E.

Adopt a mitigation monitoring program as required by section 15091 of Title 14 of the California Code of Regulations.

(Ord. 2020-0026 § 5, 2020.)

The violation of any regulation or provision of this chapter shall constitute a threat to public health and safety and is hereby declared and shall be deemed a public nuisance.

(Ord. 2013-0034 § 1, 2013.)