Article 2 — Watercourse Alteration Permit

No person, firm, corporation, or public district shall allow on its property or commit or cause to be committed any of the acts or situations described in this section unless a written permit has first been obtained from the Planning Director: A. Impair, impede, redirect or otherwise affect the existing flow (permanent or intermittent) of stormwaters or other water in a watercourse or allow on its property or cause or permit the obstruction of the watercourse; B. Construct, alter or repair a watercourse; C. Excavate, grade or otherwise alter the surface of land so as to affect the capacity of a watercourse; D.

Destroy or significantly alter vegetation at or near a watercourse, including without limitation cutting, clearing, grubbing, burning, removing, excavating or grading, except as is necessary to maintain or restore the hydraulic capacity of the watercourse or in compliance with riparian restoration requirements under this title; E. Impair the use of an easement for drainage purposes; F. Install or construct a new structure or improve or expand an existing structure within or across a watercourse. The term "structure" shall include but is not limited to pipes, culverts, buildings, swimming pools, bridges, patios, paving, fences, retaining walls, poles and similar improvements. (Ord. 04-08 § 2 Exh. A (part))

The Planning Director shall issue the written permit required by this chapter. The terms of the permit shall require the property owner and permittee to be responsible for all work done, to waive any claims against the city and to hold harmless and defend the city and its officers, employees and agents against a claim for injury or damages related to the work described in the permit. The issuance of a permit in no manner implies or imputes a duty, responsibility or liability to the city, its officers, employees or agents, for injuries resulting from an act or condition regulated by this chapter. A fee for a drainage permit shall be paid in the amount set by resolution of the City Council from time to time. (Ord. 04-08 § 2 Exh. A (part))

The Planning Director shall prescribe and provide a standard form of application for a permit required by this chapter. The property owner or the owner's agent shall execute the application and pay the required fee. The application form shall state the property owner's and permittee's name, if different, together with such details as in the opinion of the enforcement officer are necessary to establish the work to be performed, the location, dimensions, estimated total cost, and the dates for commencement and for completion. The enforcement officer may in his or her discretion specify a completion date. The application, when duly executed and signed by the enforcement officer, becomes the permit. (Ord. 04-08 § 2 Exh. A (part))

A. Attachments. The applicant shall provide as an exhibit to the application for a permit, a map, plat, sketch, diagram or similar exhibit of a size and in such quantity as the enforcement officer may prescribe. The exhibit shall plainly show all information of a technical or engineering nature necessary to locate, delineate,

illustrate, identify, justify and substantiate the proposed work, and the right and necessity of the applicant to perform the work. B. Additional Information. The city may require soil investigation, tests of materials, environmental documents, engineering plans and investigations, technical reports and other permits as the officer considers necessary and proper. C. Conditions of Approval. In approving the permit, the city may impose one or more conditions which are reasonably related to the public health, safety and welfare, including but not limited to riparian habitat restoration under Chapter 18.04 of this title, daylighting, stormwater runoff controls, preconstruction inspections, and performance security. (Ord. 04-08 § 2 Exh. A (part))

A permit application shall include the written consent and waiver of liability given by each person having an interest in the property where work is to be performed (excluding a security interest) and who may be affected by it. (Ord. 04-08 § 2 Exh. A (part))

A watercourse alteration permit will be granted if all of the following standards are met: A. There are circumstances or conditions affecting the property which require drainage work; B. The proposed work is necessary for the proper collection, diversion and unimpeded flow of water through a watercourse; C. The proposed work will not be materially detrimental to the public interest, safety, health and welfare, or injurious to other property; D. The proposed work will not unreasonably reduce or adversely impact the riparian corridor or disturb the discharge to a natural watercourse; E.

The proposed work will not adversely affect the purposes of this title and the policy and goals of the general plan; F. Appropriate measures for erosion control are provided. (Ord. 04-08 § 2 Exh. A (part))

The enforcement officer may issue the following type of written permit: A. A regular permit to do work under this chapter is issued for this performance of work permitted by this chapter. B. A conditional permit is issued when conditions or circumstances exist or will foreseeably occur which could be adverse to the performance of the work or be adverse to the purpose for which the work is to be performed. The conditions or circumstances shall be specifically set forth upon the application for the permit or shall be attached to it and are a part of the permit. C. An emergency permit is issued for reasons necessitating emergency action as set out in Section 18.03.140 of this chapter. (Ord. 04-08 § 2 Exh. A (part))

A. Final Inspection. The permittee shall complete the work authorized by a permit within the time and before the date specified in the permit. The permittee shall notify the enforcement officer to schedule a final inspection of the work. Work is not considered complete until final approval of the work is given by the enforcement officer. The enforcement officer may waive final inspection in writing. B. Unpermitted Work. Work performed without a permit or not covered by a permit may be acknowledged as complete by the enforcement officer if the work complies with this chapter and is otherwise acceptable to the enforcement officer and all permit fees are paid. (Ord. 04-08 § 2 Exh. A (part))

No change may be made in the location, dimension, material or character of the work authorized in a permit, except upon written authorization to do so by the enforcement officer prior to the change. (Ord. 04-08 § 2 Exh. A (part))

This chapter shall not prevent any person from performing emergency maintenance or work within, on, over, under or through any watercourse without a permit as required in the previous section if unforeseen and urgent circumstances require such work to preserve life or property. The person performing the emergency work shall notify the enforcement officer the next working day and apply for a written permit within five calendar days of beginning the work. If an emergency exists, a city employee or agent may enter onto private property and perform drainage work necessary to restore the free flow of the watercourse. Before abatement, the city employee or agent shall make a diligent good faith effort, reasonable under the circumstances, to contact the property owner on whose property the drainage emergency exists. When abating a condition under this section, the enforcement officer shall document the nature of the emergency in writing. The property owner shall be responsible for payment of all such costs. After abatement, the city shall collect the costs from the property owner. If such costs are not paid within sixty (60) days, the enforcement officer shall proceed to fix a special assessment for the costs under Title 19 of this code. (Ord. 04-08 § 2 Exh. A (part))