Tulare County Municipal Code § 4-15 General Provisions

(a) It is the purpose of this Chapter to protect the health, safety and welfare of the residents of the County through the prevention of flooding from watercourses in the County and to protect the lands, fields, buildings, homes and roads in the County from such flooding. It shall be construed liberally to that end.

(b) It is the intention of the Board to minimize the burden placed upon property owners in carrying out the purposes set forth in subsection (a) above. Accordingly, those methods of abatement are to be favored which are least costly and which are most directly related to protecting neighboring property.

This Chapter is not the exclusive regulation of watercourses. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.

(a) Except as otherwise provided, this Chapter shall be administered and enforced by the Public Works Director.

(b) The Public Works Director, when he or she has probable cause to believe that a nuisance exists, as defined by section 4-15-1070 of this Chapter, may enter, inspect and investigate any watercourse located within the County.

(Amended by Ord. No. 3559, effective 6-20-19)

This Chapter applies to all land owned by any individual, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land owned by the United States and any agency of the United States, the State of California and any agency of the State, a city, and a public district or political subdivision of the State of California insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(a)

"Board"

means the Board of Supervisors of the County of Tulare.

(b)

"Business days"

means every day on which County offices generally are open to transact business which excludes Saturdays, Sundays and County holidays.

(c)

"Cost of Administration"

means the cost to the County of performing the various administrative acts required under this Chapter with regard to the abatement of a nuisance, except the actual cost of abatement.

(d)

"Owner"

means the person in whom is vested the ownership, dominion, or title of property and who has the right to dispose of the property.

(e)

"Public Works Director"

means the Public Works Director of Tulare County acting either directly or through his or her duly authorized agents.

(f)

"Watercourse"

means any defined natural stream, containing a definite bed, banks and channel that generally, although not necessarily continuously, collects or carries stream or surface water.

(Amended by Ord. No. 3559, effective 6-20-19)