Article I — Drainage — Santa Rosa Planning Code

§ 17-12.010. Specified acts—Permit required. ¶

(A) No person shall commit, or cause or permit to be committed, any of the following acts unless a written permit, or permits, authorizing the act has been obtained from the City:
- (1) Impair, impede or obstruct the natural flow of storm waters or other water running in a defined channel, natural or manmade, or in a pipe, or other component of any storm water drainage system;
- (2) Deposit any material in any such channel, pipe or drainage system;
- (3) Alter the surface of the land so as to reduce the capacity, or alter the flow characteristics of any such channel;
- (4) Construct, alter or repair any stormwater drainage structure or facility;
- (5) Commit any act within any easement acquired or dedicated, solely or in part, for drainage purposes which will impair the use of the easement for such purposes;
- (6) Commit any act that impairs or impedes lawful access to, or maintenance of, any portion of any publicly owned or operated drainage system.
(B) The permit(s) required by this section shall be obtained prior to the commission of the act(s) or the commencement of any work associated with such act(s), except in cases of emergency work as described and permitted in Section 17-12.060.
(Ord. 3272 § 1, 1996)

§ 17-12.015. Driveway culverts. ¶

Driveway and private street culverts shall not cause a restriction of the flow of any adjoining street drainage system. The owners of property for which an appurtenant driveway or private street culvert causes, or contributes to, a restriction in flow of the adjoining street's drainage system shall, at their expense, maintain, clean or enlarge the existing culvert to the extent necessary to remove the restriction.

(Ord. 3272 § 1, 1996)

§ 17-12.020. Permit—Application—Issuance—Term. ¶

(A) The written permits required by this article are:
- (1) Encroachment permits issued by the City Engineer/Director of Public Works for work on public property or public easements; and/or
- (2) Grading permits issued by the City Engineer/ Community Development for work done on public easements or property and certain private property or the Chief Building Official for work done on private property.
(B) The required permits may be issued for any lawful use, subject to the conditions set forth in this article and the permits. The issuance of a permit shall not imply or impute any responsibility of, or liability to the City for any injuries to persons or damages to property

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City of Santa Rosa, CA § 17-12.020

ENVIRONMENTAL PROTECTION

§ 17-12.050 resulting from any act or work regulated by this article. ¶

(C) Applications for permits shall be in writing and shall provide the appropriate City Engineer and/or the Chief Building Official with such information as requested and required in order that all engineering and other technical information may be available to the City Engineer or Chief Building Official as may be necessary to locate, delineate, illustrate, identify, justify and substantiate the proposed act or work, and the right and necessity of the applicant to perform the act or work. The City Engineer or Chief Building Official may require the applicant to submit soil investigations, tests of material, engineering plans and investigations and technical reports as he or she deems necessary and proper.
(D) The application shall be accomplished by the executed written consent and a release and waiver of liability as to, and as approved by the City, executed by all persons whose property would be affected in any manner by the act(s) or work to be performed.
(E) In issuing a permit, the appropriate City Engineer and/or the Chief Building Official may impose conditions reasonably necessary to safeguard the performance of the work and other properties which may be affected. A permit may be issued for any term up to one year. The original term may be extended by the City for a period not to exceed the length of the original term, upon the filing of a written application therefor prior to the permit's expiration, if good cause is shown.
(Ord. 3272 § 1, 1996)

§ 17-12.030. Permit—Security. ¶

Any permit issued pursuant to this article may be issued subject to the condition(s) that until the permittee has entered into a written agreement with the City to perform the act or work in accordance with the terms of the permit and has posted security with the City in an amount satisfactory to the issuing City Engineer or the Chief Building Official, in a form satisfactory to the City Attorney, for the faithful performance of the act or work and/or assuring the payment of laborers and materialmen. The amount of each type of security which may be required shall not exceed 100 percent of the Engineer's or the Chief Building Official's estimate of the cost of the act or work to be performed and/or its removal or reconstruction in the event of a default on the part of the permittee.

(Ord. 3272 § 1, 1996)

§ 17-12.040. Permit—Transferability. ¶

No permit issued under this article may be transferred or assigned to another person or entity without the prior written consent of the City. The City may condition any consent it gives. (Ord. 3272 § 1, 1996)

§ 17-12.050. Inspection of work. ¶

The City Engineer or Chief Building Official may inspect or cause to be inspected, from time to time, any act or work being done pursuant to a permit, and no permittee shall be deemed to have complied with this article until a final inspection of the work has been made by the issuing City Engineer or Chief Building Official and a report made in writing by the City Engineer or Chief Building Official that the work appears to have been completed in accordance with the permit. Unsatisfactory work shall be corrected or reconstructed by the permittee, and should the issuing City official determine the work is unsatisfactory due to lack of diligence or a wilful act

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City of Santa Rosa, CA § 17-12.050

SANTA ROSA CODE

§ 17-12.090

on the part of the permittee, that official may apply to the City Council for permission to contract with any licensed general contractor for the construction or completion of the act or work in conformance with the permit approval, or for the removal of the work, or portion thereof, which is nonconforming to the permit, and the cost thereof may be charged to the permittee upon the order of the City Council.

(Ord. 3272 § 1, 1996)

§ 17-12.060. Emergency work. ¶

This article shall not prevent any person from performing emergency maintenance or work within, upon, over, under or through any watercourse, channel, ditch, conduit or natural storm water drainageway as may be necessary and proper for the preservation of life or property when an urgent necessity therefor arises. Any person performing such emergency work shall notify the Department of Public Works as soon as possible of performance of such work and he or she shall apply for a written permit for such work within 10 calendar days of the beginning of the work. (Ord. 3272 § 1, 1996)

§ 17-12.070. Violation—Owner to terminate. ¶

In addition to any other penalties or remedies provided by this article or by other law(s), the City Engineer or Chief Building Official may serve personally, or by certified mail, upon the owner of the property on which a violation of this article occurs, at the address of the property owner as it appears on the last equalized county assessment roll, a notice to abate the violation within 10 days after receipt of notice, and that if the owner fails to abate the violation within the time period, the City Engineer or Chief Building Official will cause the abatement thereof and that the cost of abatement may be charged to the property and to the owner thereof. If any such charge is not paid within 60 days of its billing to the property owner by the City, the amount of such charge may be placed as a lien on the property upon which the violation occurred and shall be collected in the manner fixed by law for the collection of special assessments; alternatively, the City may, at its option, recover the same in a civil action against the property and/or other person(s) responsible for the violation. (Ord. 3272 § 1, 1996)

§ 17-12.080. Violation—Emergency abatement. ¶

If the Director of Public Works finds that a violation of this article has created an emergency condition seriously endangering the public health or safety, the Director of Public Works may, with the approval of the City Manager, abate the condition without the written notice required by Section 17-12.070. The cost of such abatement will be charged to the owner of the property on which the violation occurs and/or any other person responsible for the violation and the City may, at its option, recover such costs in a civil action. (Ord. 3272 § 1, 1996)

§ 17-12.090. Violation. ¶

(A) Every person who violates any provision of this article is guilty of a misdemeanor.
(B) Every person who wilfully violates any term, condition, or requirement of any permit required by this article is guilty of a misdemeanor.
(Ord. 3272 § 1, 1996)

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City of Santa Rosa, CA § 17-12.100

ENVIRONMENTAL PROTECTION