Article 1 — Watercourse Maintenance

The purposes of this chapter are to: A. Provide for the implementation of water quality, drainage, environmental and riparian vegetation provisions of the Orinda general plan and state and federal law; B. Protect native riparian vegetation; C. Preserve valuable riparian wildlife habitats;

D. Control projects that may change the hydraulic characteristics of watercourses; E. Control erosion, siltation, sedimentation and debris accumulation; F. Prevent the placement or discharge of polluting matter into a watercourse; G. Require adequate watercourse drainage facilities; H. Allocate responsibility for the maintenance, repair and replacement of watercourse drainage facilities; I. Insure that existing natural channels are left unaltered to the maximum extent consistent with the general welfare, the general plan and this title; and J. Provide for environmentally sensitive repairs, replacement and new construction. (Ord. 04-08 § 2 Exh. A (part))

The City Council finds that: A. Unregulated obstruction, modification, use and neglect of watercourses create conditions tending to: (1) reduce water quality; (2) promote blight and deterioration of property; (3) cause property losses from flooding and poor drainage; and (4) be injurious to the public health, safety and general welfare; and B. A clear articulation of responsibility for the maintenance, repair and replacement of watercourses is a matter of great public benefit. (Ord. 04-08 § 2 Exh. A (part))

Each watercourse in the city shall be maintained so that water will flow adequately and unimpeded through the watercourse. An existing natural watercourse shall be left unaltered unless: (1) improvement is

necessary to protect life, health and property; or (2) riparian restoration is required under this title. Maintenance, repairs and new construction of a drainage facility shall be accomplished in an environmentally sensitive manner as provided in this title. (Ord. 04-08 § 2 Exh. A (part))

The city shall be responsible for all watercourses routinely maintained by the city as part of on-going operations. In all other cases, the property owner shall be responsible for watercourse maintenance. A. Elective City Maintenance. The city may elect from time to time to mechanically clear privately owned watercourses where the malfunction of the watercourse could cause a hazard or where equipment is required which a private citizen may not have available. The city also may from time to time elect to make improvements to watercourses as necessary to protect life, health and property. Any such voluntary and isolated efforts by the city shall not be deemed to relieve the private property owner of continuing responsibility and liability for such watercourses under this chapter. B. Private Watercourse Maintenance. In all cases other than watercourses routinely maintained by the city, the responsibility for maintenance and repair of watercourses, or portions of them, shall belong to the property owner on whose property the watercourse, or portion of a watercourse, is located. (Ord. 04-08 § 2 Exh. A (part))