Tehama County Municipal Code Ch. 9.16 Watercourse Regulations

It is hereby declared a public nuisance for any person owning, leasing, possessing, occupying or using any watercourse in this county to:

A. Maintain such watercourse in any condition which is adverse or detrimental to the public peace, health, safety or general welfare; or

B. Maintain said watercourse in such a condition where accumulation of debris, weeds, brush, trees or other material which may obstruct, impair or impede passage of water through such watercourse and cause flooding which may be dangerous or injurious to neighboring property or to the health or welfare of residents of the vicinity; construct or maintain facilities or structures including, but not limited to, dams and fences which may obstruct, impair or impede passage of water through such watercourse and cause flooding which may be dangerous or injurious to neighboring property or to the health or welfare of residents of the vicinity. "Watercourse," as used in herein, shall include:

1. Any natural watercourses, or

2. Any manmade watercourse constructed on land owned by a public agency or on land dedicated to public use for flood control or drainage purposes, or constructed to replace any natural watercourse.

(Ord. 608 § 1(part), 1973)

Whenever the board of supervisors believes that any watercourse is being maintained contrary to the provisions of Section 9.16.010 of this chapter, it shall, by resolution, declare its intent to conduct a public hearing to determine whether the same constitutes a public nuisance. Said resolution shall indicate the board of supervisors' intent to commence abatement proceedings, as provided herein, and shall describe the watercourse involved by the street address or other description as is reasonably necessary to identify the same.

(Ord. 608 § 1(part), 1973)

All or any part of any watercourse, found by the board of supervisors to constitute a public nuisance which is ordered to be abated, shall be abated by clearing, cleaning, removal or maintaining pursuant to the procedures set forth in this chapter.

(Ord. 608 § 1(part), 1973)

Within fifteen days after the passage of the resolution referred to in Section 9.16.020, the enforcing officer shall cause to be conspicuously posted upon the premises:

A. A certified copy of each such resolution; and

B. At least two notices of the time and place of hearing before the board of supervisors, which said notice shall be entitled:

NOTICE OF HEARING TO ABATE NUISANCE

in letters of not less then one inch in height and shall be substantially in the following form:

Notice is hereby given that on the _____ day of _____ , 19 ___, the Board of Supervisors of the County of Tehama passed a Resolution declaring its intention to conduct a public hearing to determine whether those certain watercourses, _____, located upon that certain real property, situated in the County of Tehama, State of California, known and designated as (Assessor's Parcel No.), in said County, more particularly described as (description), constitutes a public nuisance which must be abated by the clearing, cleaning, removal or maintaining of said _______; if said watercourse in whole or in part, are found to constitute a nuisance, and if not abated, the same will be abated by the County, in which case, the cost of such abatement will be assessed upon and against the land on which said _______(is) (are) located and that the cost thereof will be constituted an assessment upon such land until paid. Said matter will be processed in accordance with Ordinance No. _______ . Said nuisance consists of the following: (description)

All persons having any objection to, or interests in said matter, are hereby advised to attend a meeting of the Board of Supervisors of the County of Tehama, to be held in the Board Chambers, located at County Courthouse, Red Bluff, California, on the day of _______, 19 ___, at the hour of _______ (A.M.) (P.M.) of said day, when their evidence relating to said matter will be heard and given due consideration.

DATED: This _______ day of _______, 19 ___.

By order of the Board of Supervisors.

(Ord. 608 § 1(part), 1973)

A. The enforcing officer shall cause to be served upon the owner of each of the affected watercourses, a copy of the notice referred to in Section 9.16.040 hereof, and a certified copy of the resolution of the board of supervisors referred to in Section 9.16.020 hereof.

B. Said notices and resolutions shall be posted and served as aforesaid, at least fifteen days before the time fixed for the hearing before the board. Proof of posting and service of such notices and resolutions shall be made by affidavits which shall be filed in the office of the county clerk.

(Ord. 608 § 1(part), 1973)

A. Service of said notice and resolution shall be by depositing a copy of said notice and resolution in the course of transmission of the U.S. Postal Service, enclosed in a sealed envelope, with the postage thereon fully prepaid. Said envelope shall be registered or certified, and shall be addressed to said owner at the last known address of said owner. The service is complete at the time of its deposit in the United States Postal Service.

B. "Owner," as used herein, shall mean any person having, or claiming to have, any legal or equitable interest in or to the fee relating to said premises, as disclosed by a title search to be conducted under the supervision of the district attorney, using an acceptable title company.

(Ord. 608 § 1(part), 1973)

A. At the time stated in the notices, the board shall hear and consider all relevant evidence, including but not limited to, testimony from owners, witnesses and parties interested and staff reports, relative to said matter. Said hearing shall be continued from time to time. Upon the conclusion of said hearing, the board shall, based upon said evidence, determine whether the watercourse, or any part thereof, as maintained, constitutes a nuisance. If it is determined that the same does constitute a nuisance, the board shall order the same abated within a reasonable time. Such time shall be determined by the board, and set forth in its resolution of agreement.

B. The board of supervisors' decision shall be by resolution, which shall contain the informal findings of the board upon which such determination is based. If said nuisance is not abated within the time permitted by the board, the enforcing office is hereby expressly authorized by this chapter to enter upon the premises for the purpose of abating the same, as provided in this chapter.

(Ord. 608 § 1 (part), 1973)

A. A copy of said resolution ordering the abatement of said nuisance shall be served upon the owner or other persons having an interest therein, of affected watercourse, in accordance with the provisions of Section 9.16.050 and shall contain a description of the needed corrections and/or maintenance necessary to comply with the abatement order.

B. Any property owner shall have the right to have the nuisance as declared, abated, provided the same is completed prior to the expiration of the period of time set forth in said resolution, or if no time is so specified, within not to exceed sixty days after the date of adoption of such resolution. The time set for abatement, upon good cause shown, may be extended for a reasonable time, by the board; provided, that if such nuisance is not abated within such time, the enforcing officer shall, by county forces, or private contract, cause the same to be abated.

(Ord. 608 § 1(part), 1973)

A. The enforcing officer shall keep an accounting of the cost, including expenses, of abatement of such nuisance, for each separate lot, or parcel of land, where the abatement work has been done and shall render an itemized report in writing to the said board of supervisors showing the cost of abatement, including salvage value, if applicable; provided, that before said report is submitted to said board of supervisors for confirmation, a copy of the same shall be posted for at least fifteen days upon the premises or property upon which such watercourse was situated, together with a notice of the time when said report shall be submitted to said board of supervisors for confirmation.

B. A copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of Section 9.16.050, at least fifteen days prior to the time set for board action regarding confirmation. Proof of such posting and service shall be made by affidavit and filed with the county clerk of the county.

C. The term "incidental expenses" shall include, but is not limited to, the actual expenses and costs of the county in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailings required under this chapter.

(Ord. 608 § 1(part), 1973)

A. At the time and place fixed for receiving and considering said report the board of supervisors shall hear and pass upon the report of the enforcing officer, together with any objections or protests, which must be in writing, submitted by any of the persons liable to be assessed for the cost of abating such nuisance.

B. Thereupon the board of supervisors may make such revision, correction or modification to said report as it may deem just after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed.

C. The hearing may be continued from time to time.

D. The decision of the board of supervisors shall be final and conclusive.

(Ord. 608 § 1(part), 1973)

A. The amount of the cost of abatement of such nuisance as confirmed by the board of supervisors shall constitute a special assessment against the respective lot or parcel of land, to which it relates.

B. After the confirmation of said assessment, a copy thereof shall be transmitted to the assessor and tax collector for the county, whereupon it shall be the duty of said assessor and tax collector to add the amounts of such assessment or assessments, to the next regular bill of taxes levied against the said respective lots and parcels of land for county purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes.

(Ord. 608 § 1(part), 1973)

The county director of water resources is charged with the responsibility for the administration of the provisions of this chapter and may appoint or designate any of his authority hereunder to qualified county employees.

(Ord. 608 § 1(part), 1973)

The enforcing officer, board of supervisors, and his or its assistants, deputies, employees, or contracting agents, or other representatives may enter upon private property for the purpose of inspection of watercourses and removal of and/or abatement of nuisances under this chapter.

(Ord. 608 § 1(part), 1973)

Nothing in this chapter shall be deemed to prevent the board of supervisors from ordering the district attorney to commence a civil action to abate a nuisance as an alternative to or in conjunction with, the proceedings herein set forth.

(Ord. 608 § 1(part), 1973)