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A. It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by Section 48-3613, Arizona Revised Statutes. Where the watercourse is a delineated floodplain, it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by Section 48-3613, Arizona Revised Statutes.

B. Any person found guilty of violating any provision of this chapter shall be guilty of a Class 1 misdemeanor. Each day that a violation continues shall be a separate offense.

C. A person who without written authorization damages or interferes with a facility that is owned, operated, or otherwise under the jurisdiction of the community is liable for both of the following:

1. Any actual damages to persons or property that is caused by the damage or interference.

2. Payment of costs to the community for remediating the damage or interference. (Ord. No. G-5707, 2012; Ord. No. G-6611, 2019; Ord. No. G-7116, § 2, 2023)