Richmond Municipal Code Ch. 12.08 Watercourses

(a) CHANNEL is defined as an elongated open depression in the contour of land in which storm water may or does flow.

(b) CONDUIT is defined as a general term for any artificial or natural channel intended for the conveyance of storm water, whether open or closed, or any structure through which water flows.

(c) CULVERT is defined as a closed conduit for the free passage of surface drainage water under a highway, railroad, canal or other embankment.

(d) DITCH is defined as a trench for drainage or irrigation artificially made by digging.

(e) CANAL is defined as an artificial channel designed for irrigation or navigation.

(f) DRAINAGE is defined as:

1. The process of removing surplus ground or surface water by artificial means;

2. The manner in which the waters of an area are removed;

3. The area from which waters are drained; a drainage basin.

(g) STREAM is defined as any course of running water flowing on the earth.

(a) It shall be unlawful for any person to do any of the following acts without having received a written permit therefor from the Director of Public Works:

1. To interfere with, destroy, or use in any manner whatsoever any levee, embankment, channel, dam reservoir, rain or stream gauges, telephone line, piling, or other stream protection work constructed by or on behalf of the City of Richmond;

2. To place in or cause to be placed in any drainage ditch, watercourse, channel, culvert or conduit, or upon any property over which the City of Richmond has an easement for flood control purposes duly recorded in the office of the County Recorder of Contra Costa County, any wires, fence, building or other structure, or any refuse, rubbish, tin cans or other matter that may impede, obstruct, retard, or change the direction of flow of water in such drainage ditch, watercourse, channel, culvert or conduit, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the storm and flood waters would carry the same downstream to the damage and detriment of either private or public property adjacent to said drainage ditch;

3. To change the drainage on his property so as to divert the drainage to any public road;

4. To fill or obstruct or maintain any fill or obstruction in any drainage ditch, watercourse, channel, culvert or conduit carrying storm water;

5. To construct, reconstruct, alter, repair, install or maintain any drainage structure in any drainage ditch, watercourse, channel, culvert, or conduit carrying storm water;

6. To do anything to any drainage ditch, watercourse, channel, culvert or conduit carrying storm water that will in any manner obstruct or interfere with the flow of water through such ditches, watercourses, channels, culverts or conduits.

(b) The provisions of this section shall not apply to any drainage ditch, watercourse, channel, culvert or conduit carrying water that originates entirely on the property of any person and does not discharge onto any other property and will not have adverse effect on such other property.

(a) Facilities not maintained by the City. Every property owner, whether it be a person, firm, corporation, or district, or his lessee or tenant, through whose property a drainage ditch, watercourse, channel, culvert or conduit carrying storm water passes, shall keep and maintain the same free from obstacles that will prevent or retard the flow of water through such ditch, watercourse, channel, culvert or conduit, except that same may be filled or altered if a permit to do so has been first obtained pursuant to this chapter.

(b) Facilities maintained by the City. Every property owner, whether it be a person, firm, corporation or district, or his lessee or tenant, through whose property a drainage ditch, watercourse, channel, culvert or conduit carrying storm water passes, shall refrain from depositing or allowing to be deposited material foreign to that normally discharged into such ditch, watercourse, channel, culvert or conduit, which will prevent or retard the flow of water, except that same may be filled or altered if a permit to do so has been first obtained pursuant to this chapter.

Any person desiring to obtain a permit as hereinabove provided shall file an application in writing therefor with the Director of Public Works which shall state:

(a) The name and address of the applicant, and if the applicant is a corporation, the names and addresses of the principal officers thereof.

(b) The place where such work is to be done.

(c) Description of the work to be done, together with the materials to be used therefor, accompanied by a diagram of the proposed work and such other information as the Director of Public Works may require to carry out the purposes of this chapter.

(d) Total estimated cost of the proposed work.

(e) A statement that if the permit is granted, the applicant agrees that all works specified in the application will be commenced within thirty days after the permit is granted and will be pursued to its completion with reasonable diligence.

(a) The Director of Public Works shall issue a permit to do the proposed work in the manner specified in the application, or in such manner as the Director may determine is required to carry out the purposes of this chapter, upon payment of the fees required by this section and upon determining that the work:

1. Does not interfere with any flood control and water conservation district or any storm drain maintenance district or any other district authorized by law for flood control, conservation or drainage purposes; and

2. Will not injure adjoining property; and

3. Will not interfere with the flow of natural storm waters.

(b) The applicant shall pay to the City of Richmond appropriate fees in accordance with fee schedule established by resolution of the City Council.

(c) Upon issuing a permit pursuant to this section, the Director of Public Works may impose any conditions which he may deem necessary to insure the proper maintenance and drainage of the property and surrounding areas.

(Amended by Ordinance No. 198 N.S.)

In the event the permittee does not complete the work in accordance with the terms of the permit within a reasonable time from the date of issuance of the permit, and if the completion of the work is essential to the health, welfare and safety of the public, then the Director of Public Works may cause the work to be completed and the permittee shall pay for the cost of the work. In the event that the permittee fails to pay the cost of said work within thirty days after receiving written notice therefor, the Director of Public Works shall notify the City Assessor who shall enter the amount due for the work upon the assessment rolls of the City of Richmond and shall collect said amount in the same manner as real property taxes are collected.

In the event that any person shall impede, divert or obstruct any channel, conduit, culvert, ditch, canal or stream in violation of the provisions of this chapter, the Director of Public Works may take any necessary action to correct the condition, and shall bill the person who has created the condition. In the event the said bill is not paid within thirty days after receiving written notice therefor, the Director of Public Works shall notify the City Assessor who shall enter the amount due for the said work upon the assessment rolls of the City of Richmond and shall collect said amount in the same manner as real property taxes are collected.

In addition to the foregoing, the City may use any other lawful means to collect the cost of the work performed by the City or on its behalf pursuant to the provisions of this section.

Any person aggrieved by the action of the Director of Public Works in the denial, suspension or revocation of a permit pursuant to this chapter shall have the right of appeal to the City Council. A statement setting forth fully the grounds of such appeal shall be filed with the City Clerk within fourteen days after notice of the denial, suspension or revocation has been delivered to such person or mailed to his last known address. The Council shall set a time and place for hearing on said appeal and the City Clerk shall promptly give notice of such hearing to the appellant. Such notice shall be in writing and shall be mailed, postage prepaid, to the appellant at his last known address at least five days prior to the date set forth such hearing. The decision and order of the Council on such appeal shall be final and conclusive.

(Source: Ordinance No. 1589.)