San Joaquin County Municipal Code Ch. 1 Rules and Regulations

The following definitions are taken from the pamphlet entitled Letters, Symbols and Glossary for Hydraulics prepared by the American Society of Civil Engineers in their Manual of Engineering Practices No. 11 adopted October 13, 1935. They shall apply to all provisions of this chapter.

(a) "Channel" is defined as an elongated open depression in which water may or does flow.

(b) "Conduit" is defined as a general term for any channel intended for the conveyance of water whether open or closed; any container for flowing water.

(c) "Ditch" is defined as an artificial channel usually distinguished from a canal by its smaller size.

(d) "Drainage" is defined as:

(1) 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.

(e) "Person" means any person, firm, partnership or corporation.

(f) "Land Leveling" is defined as the redistribution of the surface covering of dirt by mechanical means to change the existing contours of the land.

(Ord. 662; 749)

IT SHALL BE UNLAWFUL for any person 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 the County or by any drainage district organized under the laws of the State of California, without having received a written permit therefor from the County Road Commissioner, which permit shall be revocable whenever, in the opinion of said County Road Commissioner the public interest and welfare require the revocation thereof.

Application for the use of any levee, embankment, channel, dam or reservoir shall be made to the County Road Commissioner, setting forth the particular use desired and the purpose and duration thereof. The said County Road Commissioner shall investigate such applications and may impose such terms and conditions as may be necessary to insure the proper maintenance of the property for flood control and drainage purposes.

(Ord. 662)

IT SHALL BE UNLAWFUL for any person to place on or cause to be placed in any drainage ditch, water course, channel or conduit, or upon any property over which the County or any drainage district has an easement for flood control or drainage purposes duly recorded in the Office of the County Recorder of San Joaquin County, any wires, fence, building or other structure, or any refuse, rubbish, tin cans or other matter that may impede, retard, or change the direction of the flow of water in such drainage ditch, water course, channel or conduit, or that will catch or collect debris carried by such water, or 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, water course, channel or conduit.

(Ord. 662)

IT SHALL BE UNLAWFUL for any person to change the drainage on his property so as to divert the drainage to the nearest public road, without first obtaining a permit to do so from the County Road Commissioner.

(Ord. 662)

IT SHALL BE UNLAWFUL for any person to fill or obstruct or maintain any fill or obstruction in any drainage ditch, water course, channel, or conduit carrying storm or drainage water unless a permit to do so has been obtained from the County Road Commissioner.

(Ord. 662)

IT SHALL BE UNLAWFUL for any person to do anything to any drainage ditch, water course, channel or conduit carrying storm or drainage water that will in any manner obstruct or interfere with the flow of water through such ditches, water courses, channels or conduits unless a permit to do so has been obtained from the County Road Commissioner.

(Ord. 662)

IT SHALL BE UNLAWFUL for any person to level land in a manner which would flood adjacent properties or public roadways.

(Ord. 749)

EVERY PROPERTY OWNER whether it be a person or his lessee or tenant, through whose property a drainage ditch, water course, channel or conduit carrying storm or drainage water passes, shall keep and maintain the same free from obstacles that will prevent or retard the flow of water through such ditch, water course, channel or conduit except that same may be filled or altered if a permit to do so has been first obtained pursuant to this chapter.

(Ord. 662)

Any person violating any provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a term not exceeding 100 days, or by both such fine and imprisonment.

(Ord. 662)

Any person desiring to obtain a permit as hereinabove provided shall file an application in writing therefor with the County Road Commissioner 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 County Road Commissioner may require to carry out the purposes of this chapter.

(d) Total estimated cost of the proposed work.

(e) That if the permit is granted, the applicant agrees that all work 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.

(Ord. 662)

If the County Road Commissioner determines that the work:

(a) Will not interfere with the flow of natural storm waters;

(b) Will not injure adjoining property; the County Road Commissioner shall issue a permit to do the proposed work in the manner specified in the application, or in such manner as the County Road Commissioner may determine is required to carry out the purposes of this chapter.

(Ord. 749)

For the purpose of inspection of all works of drainage and land leveling, the Road Commissioner or his authorized representative shall have the power of a police officer including the right of entry upon the premises of any person with all lawful procedures, the right of stoppage of any construction operation in violation of this chapter and the right of clearing out or opening up the stoppage of any drainage facility that is deemed to be contrary to the provisions of this chapter and that does or may endanger the public health, safety, and the general welfare.

(Ord. 681)

If the work is not done in accordance with the terms of the permit, and contrary to the instructions of the inspector, then the applicant or permittee is to be considered to have violated the terms of this chapter and shall be subject to the provisions of Section 6-7009. Furthermore, the work must be reconstructed pursuant to the terms of the original permit. If not so done by the applicant or permittee, and if essential to the health, welfare or safety of the general public, then the County Road Commissioner may order the work to be done, which work must be paid for by the permittee or applicant, and if not paid, shall be a lien against his property.

(Ord. 662)

A report on any and all actions of the County Road Commissioner, including the reasons therefor, in connection with the issuance of permits under this chapter shall be forwarded by him in writing to the Board upon the demand of said Board. After the rendering of any decision by the Road Commissioner, any applicant or any person directly and adversely affected by his decision, or the authorized agent of either of said parties, may, within five days thereafter, holidays excluded, file with the Road Commissioner and with the Board a written appeal from the decision of the Road Commissioner. The filing of such appeal shall stay the issuance of any permit incident to the particular case until after said appeal has been decided by the Board. In the event of an appeal the Board, after receiving the report from the Road Commissioner on a particular case, and after at least one public hearing thereon, given by publication of Notice of Hearing at least once ten days before the date of hearing in a newspaper of general circulation published in the County, shall render a decision which may sustain, modify, or overrule the decision of the Road Commissioner in the particular case. The decision of the Board upon any appeal shall be final and conclusive. If the appeal has not been filed in the time and manner hereinabove provided, the decision of the Road Commissioner shall be final as hereinabove set forth.

(Ord. 662)