San Rafael Municipal Code Ch. 11.30 Watercourses

The free and unobstructed flow of water in the city is essential to the proper drainage of the city and to the protection of life and property therein. Any earth, rocks, litter, household trash, rubbish, garbage, debris, weeds, brush, stumps, trees, or any other natural growth or any other material or matter, whether indigenous or nonindigenous which, at any time, interferes with the free and unobstructed flow of water in a watercourse constitutes a public nuisance and is subject to summary abatement and/or abatement in accordance with Chapter 1.16 and/or any other provision of law.

(Ord. 993 § 1 (part), 1970).

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

(b) "Conduit" means a general term for any artificial or natural channel intended for the conveyance of water whether open or closed.

(c) "Ditch" means an artificial channel created for the conveyance of water.

(d) "Drainage" means:

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

(2) The manner in which the waters of an area are removed; or

(3) The area from which waters are drained or a drainage basin.

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

(f) "Stream" means any course of running water flowing on the earth.

(g) "Watercourse" is a general term for a bed in which water may or does flow. It includes "channel," "conduit," "ditch" and "stream."

(Ord. 993 § 1 (part), 1970).

It is unlawful for any person to divert, obstruct, or alter in any way the courses or bed of any watercourse, drainage basin or channel within the city, except in cases approved by the department of public works and/or the city engineer.

(Ord. 993 § 1 (part), 1970).

It is unlawful for any person to deposit, or cause to be deposited, or to permit to accumulate in any watercourse any litter, brush, stumps, earth, household trash, rubbish, or garbage or any other material or matter which can or may obstruct, divert or interfere with the natural flow of water, or to deposit, or cause to be deposited, or to permit to accumulate any of the aforementioned material in, or on, any bank adjacent to the watercourse.

(Ord. 993 § 1 (part), 1970).

It shall be the responsibility of each owner, occupant and tenant of any real property situated along any watercourse or drainage basin within the city to maintain the same and to keep it clear of all earth, rocks, litter, household trash, rubbish, garbage, or debris, or brush, stumps, trees or other natural growth, or any other material or matter, whether indigenous or nonindigenous which can or may obstruct, divert, or interfere with the flow of water in the watercourse.

It shall be the further responsibility of each such owner, occupant and tenant to keep in good repair any pier, retaining wall, bulkhead, building, bridge or other structure built over, in or adjacent to any watercourse within the city.

The failure to comply with any of the provisions of this section shall constitute a public nuisance which may be abated in accordance with Chapter 1.16 and the cost thereof assessed against the property. The director of public works and his authorized representatives may enter private property to abate the public nuisance.

(Ord. 993 § 1 (part), 1970).

It is unlawful for any person to construct or repair any pier, retaining wall, bulkhead, building, bridge or other structure in, over, or within fifteen feet of the bank of any watercourse within the city without first obtaining a permit therefor from the director of public works. Any and all such work done under such a permit shall be subject to inspection by the public works department and/or the building department of the city as the work progresses.

(Ord. 993 § 1 (part), 1970).

Any person wishing to construct or repair any of the structures mentioned in Section 11.30.060 shall submit to the department of public works an application containing the following information:

(a) The name and address of the applicant;

(b) Location where such work is to be done;

(c) Description of the work to be done, together with the materials to be used, and if the director of public works, or his representative, deems it necessary, plans prepared by a registered civil engineer;

(d) Total estimated cost of the proposed work;

(e) A statement that upon receipt of any permit or permits the applicant will commence work within fifteen days after the issuance date and will prosecute the work to completion with reasonable diligence;

(f) Such other information, including but not limited to special tests, as the director of public works or his representative deems necessary.

(Ord. 993 § 1 (part), 1970).

The applicant shall, at the time of filing his application, pay such fee as is set forth by resolution of the city council.

(Ord. 993 § 1 (part), 1970).

If the director of public works, or his representative, determines after investigation that the work will not:

(a) Interfere with the flow of storm waters;

(b) Damage other property; and

(c) Complicate normal drainage maintenance; The director of public works shall issue a permit to do the proposed work in the manner specified in the application, or in such a manner as the director of public works may determine is required to carry out the purposes of this chapter. He may impose such terms and conditions as he may deem necessary to insure the proper maintenance of the property for flood control and drainage purposes. The permittee will assume all responsibility for the consequences of any work done or use permitted under the permit. The issuance of a permit by the director of public works shall not be construed as subjecting the city to any liability whatsoever for work done or uses permitted under the permit, nor shall the issuance of a permit be construed as relieving the permittee or owner of the property from any such liability to the extent that it may exist.

(Ord. 993 § 1 (part), 1970).

Any permit required by Section 11.30.060 may be revoked by the director of public works, or his representative, if he determines the public interest and welfare require the revocation, or if there is a violation of this chapter or the terms and conditions of the permit.

(Ord. 993 § 1 (part), 1970).

If it is determined by the director of public works, or his representative, that special tests, such as, but not limited to, soil tests, compaction tests, or material tests, are necessary for a proper determination to issue or deny the permit, the applicant shall furnish the city with such tests or pay to the city a sufficient amount of money to pay for the actual cost of such tests. If the applicant does not furnish the city with such tests or pay it the sum of money within ten days or such longer period of time as the director of public works designates, the application shall be denied.

(Ord. 993 § 1 (part), 1970).

In the event the permittee does not complete the work in accordance with the terms and conditions of the permit within fifteen days or such longer period of time as the director of public works designates, and if the removal or completion of such work is essential to the health, welfare and safety of the public, the director of public works may cause the work to be removed or completed at the expense of the property owner or permittee. In the event the costs are not paid within thirty days after notification, the costs shall become a special assessment and lien against the real property involved; and the assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.

In the event any person shall divert, obstruct, or interfere with any watercourse, drainage basin, channel, or stream in violation of the provisions of this chapter or allow any pier, retaining wall, bulkhead, building, or any other structure to become in such disrepair so as to cause any of the above conditions, the director of public works may take any necessary action to correct the condition at the expense of the property owner, and such expenses shall become a special assessment and lien on the real property involved, and subject to collection in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale, in case of delinquency as provided for ordinary municipal taxes.

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

(Ord. 993 § 1 (part), 1970).

Any person aggrieved by the action of any official of the city in the denial, suspension or revocation of any permit required by this chapter, shall have the right of appeal to the city council by filing a statement, in writing, setting forth fully the grounds of such appeal. The appeal shall be filed with the city clerk within five days after the decision of the city official to deny, suspend or revoke the permit. The council shall set a time and place for hearing the appeal and the city clerk shall promptly give notice of such hearing to the appellant and to the permittee if he is not the appellant. Such notice shall be in writing and shall be mailed to the appellant at the address indicated on the notice of appeal, or if no such address is indicated thereon, at his last known address at least five days prior to the date of the hearing. If the permittee is not the appellant, such notice shall also be mailed to the appellant at least five days prior to the date of the hearing addressed to the permittee at his last known address.

Any failure to mail the notices shall not invalidate any proceedings of the city council.

The city council may continue the appeal from time to time. The decision and order of the city council shall be final and conclusive.

(Ord. 993 § 1 (part), 1970).

Before issuing any building permit for the erection or construction of any pier, retaining wall, bulkhead, building, bridge or any other structure, the building inspector shall determine whether or not such pier, retaining wall, bulkhead, building, bridge or structure will interfere with the free flow of any water in any watercourse. If in the opinion of the building inspector such a pier, retaining wall, bulkhead, building, bridge or other structure will interfere with the free flow of water in any season, the building permit shall not be issued until the applicant or owner of the premises involved has made ample provision for the free flow of water in the watercourse. The building permit may be issued only after provision for the flow of water has been installed or upon the posting of a bond to complete such work within such time and within such amount as the building inspector may require.

(Ord. 993 § 1 (part), 1970).

Any person as herein defined who violates any provision or fails to comply with any requirements of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than five hundred dollars or by imprisonment for not exceeding six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punished accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and may be summarily abated as such by this city, and each day such condition continues shall be regarded as a new and separate offense.

(Ord. 993 § 1 (part), 1970).