Oroville Municipal Code Art. 2 Storm Drain System Maintenance

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.

B. A clear articulation of responsibility for the maintenance, repair and replacement of watercourses and/or other drainage facilities that are either part of the city storm drain system or are considered privately owned is necessary.

(Ord. 1807 § 1, 2015)

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 improvement is necessary to protect life, health and property.

(Ord. 1807 § 1, 2015)

The city shall be responsible for all watercourses routinely maintained by the city as part of on-going operations. Watercourses to be maintained by the city include those watercourses located within the city's public rights-of-way and private watercourses for which the city council has legally accepted the maintenance responsibility. The acceptance of maintenance shall be facilitated through the preparation of a legally described stormwater easement prepared by a licensed land surveyor or civil engineer, and an easement maintenance grant deed. The legally described easement shall include a metes and bounds legal description and accompanying plat map approved by the city.

(Ord. 1807 § 1, 2015)

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.

(Ord. 1807 § 1, 2015)

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. Privately owned watercourses in the city shall be properly maintained so that water will flow adequately and unimpeded through the watercourse. Owners of privately owned watercourses shall be responsible for the removal of accumulated debris, trash, vegetation (alive or dead), trees (dead or alive) or other materials that may alter and/or reduce the conveyance capacity of the watercourse during high flow events.

(Ord. 1807 § 1, 2015)

The failure to maintain private watercourses shall be considered a violation subject to the remedies in Article 7 of this chapter.

(Ord. 1807 § 1, 2015)