Chapter 13.32
MILL CREEK – OBSTRUCTION OR DIVERSION

Sections:

13.32.010    Construction or placement of certain structures prohibited where – Exceptions.

13.32.020    Agreement and permit to build required – Terms and conditions.

13.32.030    Violation deemed misdemeanor.

13.32.010 Construction or placement of certain structures prohibited where – Exceptions.

It is unlawful to erect, construct, or place in any portion of Mill Creek any wall, post, stake, pier, or structure of any kind other than retaining walls, bulkheads or any structures to prevent the overflow of water of the streams, so placed with the consent of the city council. (Prior code § 6.46.010).

13.32.020 Agreement and permit to build required – Terms and conditions.

It is unlawful to construct over or across Mill Creek or any portion thereof any building or structure of any kind without having first obtained the consent of the city council and without having the plans for the same approved by the city, and without the owner of the fee simple title to the lands agreeing in writing that the owner, the owner’s heirs and the owner’s assigns will keep Mill Creek free of all rubbish and debris which obstructs or may obstruct or raise the waters of the stream in normal or flood times. The agreement shall also provide that if the owner fails to remove the obstructions the city may do so and the cost thereof shall be and remain a lien on all of the lands and premises on which the improvements are located, until fully paid. The agreement shall be a covenant running with the land and the lien shall be superior to all other liens except general taxes. The agreement shall be recorded in the office of the auditor of Walla Walla County, at the expense of the owner. The lien may be foreclosed in the superior court in the same manner as mortgages are foreclosed. The permit to build granted under this chapter shall automatically expire unless the building is completed within eighteen months after the date of the granting of such permit. (Ord. 2000-9 § 81, 2000: prior code § 6.46.020).

13.32.030 Violation deemed misdemeanor.

Any person, firm or corporation or company who in any manner violates any of the provisions of Sections 13.32.010 and 13.32.020 hereof is guilty of a misdemeanor. (Prior code § 6.46.030).