Chapter 12.12
DRAINAGE COURSES
Sections:
12.12.020 Permit fee and deposit.
12.12.040 Permit requirements.
12.12.060 Obstruction of drainage courses prohibited.
12.12.070 Operation of vehicles in watercourses.
12.12.080 Penalty for violation of this chapter.
12.12.010 Permit required.
No person shall place any structure or obstruction in any drainage course without a permit therefor from the city engineer. (Prior code § 8.06(1))
12.12.020 Permit fee and deposit.
An application for a permit hereunder shall be accompanied by a fee of two hundred fifty dollars ($250.00) to cover the costs of the city for engineering services in the preparation or approval of plans and specifications in the supervision of the construction of any such structure or obstruction and a letter of credit in the amount of one hundred ten (110) percent of the estimated cost of construction within the drainage course and shown on the approved plans. (Ord. 2091-07 Part 3, 2007: prior code § 8.06(2))
12.12.030 Plans.
The application shall be accompanied by plans which shall describe the location of the structure or obstruction and the purpose for which such structure or obstruction shall be used. The city engineer shall approve or disapprove such plans or prepare the design of the structure or obstruction indicating the area in which it shall be permitted. All work done in connection with such structure or obstruction shall be in accordance with the plan or design prepared by or approved by the city engineer. (Prior code § 8.06(3))
12.12.040 Permit requirements.
A permit shall specify the location of the structure or obstruction, the method by which the work shall be accomplished, and the time within which the work shall be done. The permit shall be void after six months from the date of its issuance. If a permit lapses, a new permit shall be required for any structure or obstruction subject to all of the provisions of this chapter. (Prior code § 8.06(4))
12.12.050 Appeal.
If the applicant is dissatisfied with the plans prepared by the city engineer or the requirements imposed by the city engineer, he may appeal to the board of public works which shall cause an investigation to be made and a hearing conducted, and shall decide whether the determination of the city engineer shall be approved or disapproved. (Ord. 2167-09 § 1, 2009: prior code § 8.06(5))
12.12.060 Obstruction of drainage courses prohibited.
A. Drainage Course Defined. A “drainage course” means any creek, ravine, gully, channel, hollow, swale or depression or any unofficial ditch, drain culvert or pipe through or over which surface water periodically flows in its natural course.
B. No person shall obstruct a drainage course if such obstruction reduces the capacity of the drainage course so as to adversely affect the drainage of surface water from lands adjacent to or in the vicinity of the drainage course. This section does not prohibit obstruction of drainage courses due to natural causes where the removal thereof cannot be effected at a reasonable cost to the owner or occupant of the land on which the obstruction is located.
C. If a drainage course is obstructed contrary to this section, the city engineer shall serve written notice on the person causing the same to eliminate such obstruction within fifteen (15) days of the date of the notice. If the person to whom the notice was given fails to comply with the notice, the city engineer shall cause the obstruction to be eliminated and the cost thereof charged to the person causing the obstruction. Such cost may be either recovered in an action against the person causing the obstruction or made a lien against the real estate and assessed and collected as a special tax.
D. If the city engineer finds that an emergency exists, he may proceed without notice to eliminate the obstruction and may charge the cost thereof to the owner or occupant of the land upon which the obstruction exists and the cost may be collected as provided in subsection C of this section. (Prior code § 8.06(6))
12.12.070 Operation of vehicles in watercourses.
No person shall operate any vehicle in or through any drainage course unless the city engineer has permitted the passage of vehicles on condition that sufficient precautions have been taken as may be necessary to prevent damage to the drainage course. (Prior code § 8.06(7))
12.12.080 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 33, 2019)