Chapter 13.32 — GOVERNMENT CONTROLLED WATERCOURSES

Except as provided in Section 13.32.030, it is unlawful for any person, firm, association or corporation to interfere with, destroy or obstruct, or cause to be interfered with, destroyed or obstructed, any river, stream, wash, arroyo, channel, ditch, drain, sewer, gutter, culvert or other watercourse in the city, which is owned, controlled or maintained by any governmental entity, agency or subdivision.

(Ord. 3186 § 1(a), 1934)

Except as provided in Section 13.32.030, it is unlawful for any person, firm, association or corporation to interfere with, destroy or obstruct, or cause to be interfered with, destroyed or obstructed, any levee, embankment, bed, dam, reservoir, bridge, piling, fence, gage, telephone device or system, recording device or system or other similar property, in the city, which is connected with or pertains to any of the watercourses specified in Section 13.32.010, and which is owned, controlled or maintained by any governmental entity, agency or subdivision.

(Ord. 3186 § 1(b), 1934)

The prohibitions of this section shall not apply to any act of interference, destruction or obstruction of any watercourse named in Section 13.32.010 or of any property named in Section 13.32.020 by any person, firm, association or corporation who or which shall have first obtained and shall possess a valid and effective permit to do such act from each of the governmental entities, agencies and subdivisions which own, control or maintain the watercourse and/or the said property so interfered with, destroyed or obstructed.

(Ord. 3186 § 1(c), 1934)

Upon payment to the city of a fee in the amount established by resolution adopted by the board of directors, any person, firm, association or corporation who or which may desire to in any manner interfere with, destroy or obstruct any watercourse or property, which is named in Sections 13.32.010 through 13.32.030, and which is owned, controlled or maintained by the city, may file an application in writing therefor with the city engineer and superintendent of streets. Such application shall contain the following material, and shall be accompanied by a detailed drawing or diagram, showing the acts proposed to be performed:

A.

The name of the applicant. If the applicant is a firm, association or corporation, the names of the principal officers thereof;

B.

The address of the applicant;

C.

The exact location of the place where the proposed acts of interference, destruction or obstruction are to be performed;

D.

A detailed and itemized description of the character of the acts proposed to be performed;

E.

If the proposed acts involve the use of any materials, a detailed and itemized description, including the estimated value, of all such materials.

(Ord. 5568 § 41, 1982; Ord. 5368 § 26, 1978; Ord. 3186 § 2(a), 1934)

If the city engineer and superintendent of streets finds that the acts proposed to be performed by the applicant will not interfere with the natural flow of water at, along or across the place where such proposed acts are to be performed, and if he shall find that said acts will not cause injury or damage to public or private property, upon receipt of such fees as may be required to be paid by Section 13.32.060, he shall issue a permit to the applicant to perform such acts as are properly set forth on the application and which are within the findings herein required to be made by the city engineer and superintendent of streets.

(Ord. 3186 § 2(b), 1934)

If the permit authorizes acts which will involve the use of work, labor or materials having a total value estimated by the city engineer and superintendent of streets to be of more than $200.00, the permittee shall make a payment of additional fees in the amounts and according to the schedule established by resolution adopted by the board of directors.

(Ord. 5568 § 42, 1982)

Should any applicant be aggrieved by any finding, decision or action of the city engineer and superintendent of streets in connection with the interpretation, administration or enforcement of any provision of this chapter, such applicant, within 10 days from the date on which such finding, decision or action is taken or made by the city engineer and superintendent of streets, may file an appeal to the board of directors of the city, and it shall be the duty of the board to hear the matter of said appeal at its regular meeting next following the date such appeal shall have been filed with it, and such hearing may be continued by the board from time to time thereafter, provided that within 30 days after the date the appeal shall have been filed with the board, the appeal shall be examined into and determined. The applicant shall be entitled to appear and produce evidence before the board upon the hearing of the appeal, and the board, as an aid in determining the appeal, may call the city engineer and superintendent of streets and such other persons as it may desire, to appear before it, give testimony and introduce evidence.

(Ord. 3186 § 3(a), 1934)

The board of directors shall certify to the city engineer and superintendent of streets its ruling on the appeal, and the city engineer and superintendent of streets shall be governed by and forthwith make all necessary orders and take all necessary and proper action to give full force and effect to the decision of the board of directors. The decision of the board of directors, as to any matter within the issues raised in said appeal, shall be final and conclusive.

(Ord. 3186 § 3(b), 1934)

The provisions of this chapter shall be deemed to apply to each and every governmental entity, agency and subdivision, to each and every person acting for or on behalf of any such entity, agency or subdivision, and particularly to the city and the municipal light and power department and the municipal water department of the city; provided, however, that no such governmental entity, agency or subdivision and no person acting for or on behalf of any such governmental entity, agency or subdivision shall be required to make payment of any of the fees prescribed by Sections 13.32.040 through 13.32.060.

(Ord. 3186 § 4, 1934)

Any person, firm, association or corporation violating any of the provisions of this chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for not more than 6 months, or by both such fine and imprisonment.

(Ord. 3186 § 5, 1934)