Shasta County Municipal Code Ch. 12.28 Watercourses

For the purpose of this chapter the following terms have the meaning stated unless the context in which any word is used requires another meaning:

"Excavating" means movement of natural material leaving any cut bank over eight feet in vertical height or any cut below a line sloping down at a grade of one vertical to one and one-half horizontal from the ground.

"Filling" means movement of materials leaving a filled bank over three feet in vertical height or filled materials over three feet deep.

"Grading" means:

A. Movement of any materials affecting any natural or artificial watercourse, including drainage channels; or

B. Excavating or filling.

"Person" means a natural person or a firm, business, corporation, partnership, or public agency.

"Watercourse" means a drainageway which has a defined bed, banks, and channel and which carries a flow of water at least periodically. "Watercourse" includes all drainageways shown as blue solid or dotdash lines on the U.S. Geological Survey Quadrangle Sheets.

(Prior code § 4602)

The special districts manager is charged with the administration of the provisions of this chapter and is designated as the enforcing officer.

(Prior code § 4621)

No person, firm, corporation, partnership or public agency shall commit, or cause to be committed, any of the following acts in the unincorporated area of the county unless a drainage permit has first been obtained or the work is exempt from the requirements of this section by provisions of Section 12.28.040:

A. Grading, excavating or filling within any natural watercourse or any manmade watercourse constructed on land owned by a public agency or dedicated to public use for flood control or drainage purposes.

B. Construct or alter any improvement within or over the channel of any watercourse described in subsection A of this section.

(Prior code § 4600)

Grading, excavating or filling for the following activities does not require a drainage permit under Section 12.28.030:

A. Work on any watercourse with a watershed area of less than thirty acres;

B. Work subject to engineering approval of or which is constructed by any state or federal agency or other public agency which has specific power to engage in flood or drainage control;

C. Work which is a part of hydroelectric facilities constructed and operated under Federal Power Commission jurisdiction;

D. Minor or temporary work which will not, in the opinion of the enforcing officer, cause significant obstruction of or environmental damage to the watercourse on which the work is performed.

(Prior code § 4601)

Prior to the issuance of a permit the applicant shall deposit with the enforcing officer for payment to the treasurer of the county, an amount deemed adequate by the enforcing officer but not exceeding the estimated total cost including all labor and materials, of the work to be performed; except that such deposit may be waived by the enforcing officer. In lieu of a cash deposit, the applicant may file an approved surety bond issued by a company or corporation authorized to engage in general surety business in the state of California. The conditions of any cash deposit or surety bond made pursuant to this chapter shall be that the permittee will diligently and in good faith comply with all provisions of this chapter, with all terms and conditions contained in the permit issued him and to pursue the work to completion without undue delay except for reasonable cause. Upon satisfactory and acceptable completion of the work as set forth in Section 12.28.100 B, the cash deposit shall be refunded to the permittee or the permittee shall be exonerated from his surety bond by the enforcing officer in writing upon the expiration of forty-five days. The enforcing officer shall not be responsible to ascertain whether there exist unsatisfied liens or other interests against the premises upon which the work was performed.

(Prior code § 4619)

The enforcing officer shall prescribe and provide a standard form of application for a permit required by this chapter and such application, when duly executed and signed by the enforcing officer, shall become the permit. The application form shall state the property owner's name, together with such details as in the opinion of the enforcing officer are necessay to establish the purpose of the act or work, except that the enforcing officer may, at his discretion, establish the date for completion. The application shall be executed by the property owner or his duly appointed agent and deposited with the enforcing officer.

(Prior code § 4611)

The applicant shall enclose with, include, attach or add to the application for a permit a map, plat, sketch, diagram, or similar exhibit of a size and in such quantity as the enforcing officer may prescribe on which exhibit shall be plainly shown any and all information of a technical or engineering nature 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 enforcing officer may require to be submitted such supplemental engineering data as he may deem necessary and proper. If necessary, changes, corrections and notes may be made on any such exhibit and these items shall become an integral part of the permit when attested to by the enforcing officer.

(Prior code § 4612)

The fees for permits for the performance of acts or works under this chapter shall be those established and adopted by the board of supervisors from time to time by resolution. Such fees are not for inspection for compliance with the owner's specifications but only for compliance with the purposes of this chapter. Before a permit is issued, the applicant shall deposit with the enforcing officer, for payment to the treasurer of the county, a sufficient sum to cover the fee for issuance of the permit, in accordance with schedules established and adopted by the board of supervisors. No fee shall be required of public special districts.

(Prior code § 4618)

The written permits required by this chapter shall be issued by the enforcing officer or his lawful appointee, for any lawful use, subject to conditions set forth in this chapter and as required by law. Permits may be issued subject to reasonable conditions related to the purposes of this chapter. The issuance of a permit shall in no manner whatsoever imply or impute a responsibility or liability on the part of the county or its employees for injuries resulting from any act, or condition prohibited by this chapter. No permit shall be necessary under this chapter if a permit has been issued for the entire work contemplated pursuant to the building inspection ordinance of this county.

(Prior code § 4610)

A. The permittee shall begin the act or work authorized by a permit issued pursuant to this chapter within thirty calendar days, from date of issuance, unless another date is specifically indicated in the permit, and the permittee shall notify the enforcing officer at least forty-eight hours prior to beginning work if required by the enforcing officer. Should the act or work not be commenced on or before the date indicated in the permit, then the permit shall become void unless, prior to the date of expiration, the permittee presents good and sufficient reason for an extension of time and the date is extended by the enforcing officer in writing. A permit which has become void by reason of noncommencement of work prior to the stipulated date may be renewed at the discretion of the enforcing officer and upon payment of a renewal fee as provided for in the schedule of fees adopted by the board of supervisors.

B. The permittee shall complete the act or work authorized by a permit issued pursuant to this chapter within the time and before the date stipulated in the permit. The permittee shall notify the enforcing officer in writing upon completion of any act or work, and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by a representative of the enforcing officer, unless such inspection is waived by the enforcing officer, and no permittee shall be deemed to have complied with this chapter until such inspection has been performed or waived.

(Prior code §§ 4613, 4614)

A permit issued pursuant to this chapter may be transferred only with the consent of the enforcing officer.

(Prior code § 4617)

No changes may be made in the location, dimensions, materials, or character of the work authorized in a permit, except upon written authorization to do so by the enforcing officer.

(Prior code § 4616)

In the event of a violation of this chapter, and in addition to other penalties herein provided, the enforcing officer may send a written notice to the owner of the property on which the violation occurred at the address of the owner as it appears on the assessment roll of this county. The notice shall state the nature of violation, that the owner is required to abate the condition constituting the violation within ten days after the notice is received, and that if the owner fails to abate condition within said period, the condition may be abated by the enforcing officer and the owner shall be liable for the cost thereof.

(Prior code § 4603 A)

If the condition is not abated by the owner in accordance with the notice, the enforcing officer, with approval of the board of supervisors, and after a reasonable opportunity for the owner to be heard, may abate the condition and shall charge the owner for the cost thereof. If this charge is not paid within sixty days, the amount of the charge, plus accrued interest at the rate of six percent per annum from the date of the charge, shall be added to the next regular tax bill sent to the owner by this county and shall be collected in the manner fixed by law for the collection of taxes, or the alternative, recovery therefor may be had through civil action.

(Prior code § 4603 B)

A. If the enforcing officer finds that a violation has created an emergency condition endangering the public health or safety and it is impossible or impractical to notify the owner, he may abate the condition in accordance with Section 12.28.140 without giving the notice required by Section 12.28.130 and without a hearing. At the first regular meeting of the board of supervisors thereafter the enforcing officer shall submit a complete report of any emergency abatement.

B. The provisions of this section provide an alternative to any other remedy provided by law.

(Prior code § 4603 C, D)

This chapter shall not prevent any person from performing emergency maintenance or work on land under his control within, upon, over, under or through any watercourse, channel, ditch, conduit or natural drainageway as may be necessary and proper for the preservation of life or property when an urgent necessity therefor arises. Any person performing emergency work that is subject to the provisions of Section 12.28.030 shall apply for a drainage permit therefor within ten calendar days of the beginning of the work.

(Prior code § 4604)

Should the work described in a permit be performed in such a manner as to be deemed unsatisfactory and or unacceptable by the enforcing officer, then the work shall be reconstructed by the permittee to the satisfaction of the enforcing officer. Should the enforcing officer deem that delay in pursuit or completion of the act or work be due to lack of diligence or wilful act on the part of the permittee, or should the work performed be deemed unsatisfactory and or unacceptable, then, if essential to the health, safety or welfare of the general public, the enforcing officer shall request the board of supervisors for authorization to contract with any licensed general contractor to complete, erect, install, reconstruct or alter all structures or work in conformance with the approved plans and specifications, or to remove all structures and obliterate all work not completed. The costs incurred hereby shall be repaid to the county by the deduction of such costs from the cash or surety bond deposited by the permittee with the county for the performance of the work; provided, further, that should such costs exceed in amount the total of the cash deposit or surety bond of the permittee, then any and all additional costs shall become a lien against the permittee's property, real and otherwise. If no bond has been posted, the enforcing officer may proceed with abatement in the manner provided in Section 12.28.140.

(Prior code § 4615)

Any person aggrieved by the refusal of a permit or the terms of a permit required by this chapter may appeal to the board of supervisors. Appeals must be in writing and filed with the board within ten days after notification has been sent to or served upon the applicant. The board of supervisors shall, within twenty days after the filing of the appeal, hold a hearing on the appeal and shall mail notice in writing of the date thereof to the appellant and applicant at least five days before the hearing date. The decision of the board of supervisors shall be rendered within ten days after the initial hearing date.

(Prior code § 4620)