Santa Maria Municipal Code Ch. 9-84 Ditches, Sumps and Reservoirs

For the purposes of this chapter the following definitions shall govern:

"Ditch"

means any trench or excavation dug in the earth or created by the construction or erection of sides, whether of earth or other material, to convey drainage or floodwaters from one point to another.

"Reservoir"

means any excavation or structure for the collection or retention of water for any purpose whatever; provided, however, that this does not include a sump as defined in subsection (c) of this section; provided further, that this does not include a completely enclosed and covered structure for such purpose, so designed and constructed that human access thereto may be and is prevented by the locking of a door or other access device.

"Sump"

means any pond, pit, excavation or structure erected or maintained for the purpose of containing and/or permitting the percolation of drainage or floodwaters; provided, however, that this shall not apply to or include areas designated for sumpage purposes whereby the percolation of water is accomplished through the sheeting of the same over an area of level land or land in its natural state where no excavation or structure of any kind is included in or required for the sumpage area.

(Prior Code § 10-160; Ord. 2019-10, eff. 1/1/20)

All ditches, sumps and reservoirs within the City, or constructed in compliance with requirements of the City through subdivision, use permits, zoning or building site requirements, shall be designed and constructed so as to comply with, as a minimum, standards of the City adopted pursuant to this chapter by the City Council from time to time.

(Prior Code § 10-161; Ord. 2019-10, eff. 1/1/20)

All ditches, sumps, and reservoirs within the City shall be protected by fences or other suitable protective devices as prescribed by standards of the City adopted pursuant to this chapter by the City Council from time to time.

(Prior Code § 10-162; Ord. 2019-10, eff. 1/1/20)

Any person constructing or maintaining any sump, ditch or reservoir within the City shall comply with the terms of this chapter by the erection of fences or other suitable protective devices in accordance with such City standards; provided, however, that any person proposing a protective device or method of fencing, not included within the adopted standards, may submit the same to the office of the City Engineer for review and recommendation. Upon approval of the proposed protective device by the City Engineer, in writing, the person proposing to use such protective device may install the same, and such device shall be regarded as compliance with the terms of this chapter and of the standards adopted under this chapter.

(Prior Code § 10-163; Ord. 2019-10, eff. 1/1/20)

All persons proposing to construct a ditch, sump or reservoir which is not in existence or under construction on the effective date of the ordinance from which this chapter derives shall submit to the City Engineer detailed plans and specifications for such ditch, sump or reservoir. No work of excavation or construction of any nature whatever may be commenced thereon until after approval, in writing, by the City Engineer of the plans and specifications. The City Engineer may require such additional data, maps or information as he may deem necessary in order to evaluate the proposed excavation or structure prior to giving it his approval as provided in this section.

(Prior Code § 10-164; Ord. 2019-10, eff. 1/1/20)

Any person maintaining any ditch, sump or reservoir within the City on the effective date of the ordinance from which this chapter derives, or constructing or excavating any ditch, sump or reservoir on the effective date of the ordinance from which this chapter derives, shall reconstruct, rebuild or do any other thing necessary to bring such ditch, sump or reservoir into compliance with the terms of this chapter and the standards adopted under this chapter within 12 months of the effective date of the ordinance from which this chapter derives; provided, however, that the City Council upon application by the person owning, operating or maintaining the same may extend the term for not more than one six month period.

(Prior Code § 10-165; Ord. 2019-10, eff. 1/1/20)

This chapter does apply to ditches or sumps or temporary embankments of earth, sandbags or other material excavated or constructed to meet emergency flood conditions as those are defined by the laws and the courts of this State, but any such temporary excavation, structure or embankment shall be filled and/or removed within not more than 60 days after the subsidence of the flood condition. Any such excavation, structure or embankment maintained after such 60 day period is a public nuisance and a menace to the health, safety and welfare of the community, and shall be abated by the order of the City Engineer, which order alone shall be necessary to accomplish the same; provided, however, that where in the discretion of the City Engineer the condition is a great and immediate hazard to the public safety, the City Engineer may make such order at any time after subsidence of the flood condition. The cost of such filling or removal in order to abate such temporary excavation, structure or embankment may be borne by the City, and upon a certification of the total expenses and costs involved to him by the City Manager, the City Attorney shall bring an action at law against the person or persons, or any of them, constructing or maintaining the excavation, structure or embankment.

(Prior Code § 10-168; Ord. 2019-10, eff. 1/1/20)

Any ditch, sump or reservoir constructed or maintained within the City in violation of the terms of this chapter is a public nuisance. It is the finding and determination of this Council that ditches, sumps or reservoirs not complying with the terms of this chapter and all standards adopted pursuant of this chapter are a menace to the public health, safety and welfare, and the City Attorney is authorized and directed, upon certification to him in writing by the City Manager that such a sump, ditch or reservoir is being constructed or maintained within the City, to forthwith initiate proceedings in the appropriate court to abate the same as a public nuisance; provided further, that the provisions in this chapter with regard to enforcement and abatement of sumps, ditches or reservoirs not complying with this chapter and standards adopted pursuant to this chapter are cumulative and are not to be construed as limiting, qualifying or reducing any of the powers of the City or any City officer or employee with regard to the abatement of public nuisances or the enforcement of any other requirements of the laws of the State or local ordinances.

(Prior Code § 10-166; Ord. 2019-10, eff. 1/1/20)

(a) In addition to the provisions of Section 9-84.08 with regard to abatement of ditches, sumps or reservoirs, it is provided that any ditch, sump or reservoir maintained or under construction within the City on the effective date of the ordinance from which this chapter derives, which ditch, sump or reservoir is not brought into compliance with the terms of this chapter and the standards adopted pursuant to this chapter, as provided herein, within the 12 month period allowed in this chapter, is a public nuisance. The City Attorney, upon certification of the existence of the same, at the termination of the 12 month period may issue a notice to the owner requiring that the same be removed or corrected and brought into compliance with the terms of this chapter within 30 days.

(b) If the person owning, constructing or maintaining the same does not bring the same into compliance with this chapter within the 30 day period, the City Attorney shall report the same to the City Council, which may then order the nuisance abated at the expense of the City, records of which shall be kept in detail, and authorize the City Attorney to commence an action at law to collect the full amount thereof from the person or persons owning, operating or maintaining the ditch, sump or reservoir. Notice that the summary proceedings are being reported to the City Council by the City Attorney shall be given to the person or persons owning, operating or maintaining the ditch, sump or reservoir in question, by registered or certified mail, or by personal service, or by publication in the manner provided by the laws of this State for the service of summons, not less than 10 days prior to the date of the Council meeting at which the matter will be considered.

(Prior Code § 10-167; Ord. 2019-10, eff. 1/1/20)