HomeMy WebLinkAboutORDINANCES - 05091989 - 89-27 / �y4
ORDINANCE NO. 89-27
(Drainage Facilities Permits and Regulations)
THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ORDAINS as follows
(omitting the parenthetical footnotes from the official text as
enacted or amended provisions of the County Ordinance Code) :
SECTI N I. SUMMARY. This ordinance amends the Contra Costa
County Ordinance Code to revise its regulations on drainage area
encroachments and permit requirements to use such areas.
SECTION II. Division 1010 of the County Ordinance Code is
repealed, amended and re-enacted to provide drainage area
regulation and control.
DIVISION 1010 DRAINAGE
CHAPTER 1010-2 GENERAL PROVISIONS
1010-2.002 Purpose. This division is adopted to provide
for the implementation of drainage, recreation and riparian
vegetation provisions of the general plan, protect watercourse
riparian vegetation, permit control of projects that may change
the hydraulic characteristics of watercourses and drainage
facilities, control erosion and sedimentation, prevent the
placement or discharge of polluting matter into watercourses, and
require adequate watercourse drainage facilities.
(Ord. 89- 27. )
1.010-2.004 Findings and nuisance. (a) Findings . The
Board finds and declares that the unregulated obstruction,
modification and use of watercourses creates conditions tending
to reduce the value of private property, to promote blight and
deterioration of property, to cause flooding and drainage losses,
and to be injurious to the public health, safety and general
welfare.
(b) Nuisance. Violations of this division and the
resulting watercourse conditions constitute public nuisances
which may be abated as such in accordance with the provisions of
this division and code.
(Ord. 89-27 : Govt. C. S 25845 . )
1010-2. 006 Prohibited activities . No person, firm,
corporation, municipality, or public district shall allow on its
property or commit or cause to be committed any of the acts
hereinafter described, unless a written permit has first been
obtained from the enforcing officer or his duly appointed
representative:
(1) Impair or impede the natural flow of storm waters,
or other water running in a defined channel, natural or man-made,
or allow on its property or cause or permit the obstruction of
such channel;
(2) Deposit any material in such channel;
(3) Excavate, grade or otherwise alter the surface of
land so as to reduce the capacity of such channel;
(4 ) Destroy or significantly alter riparian or bank-
stabilizing vegetation, including without limitation cutting,
clearing, grubbing, burning, removing, excavating or grading,
except as is necessary to maintain the hydraulic capacity of the
watercourse;
ORDINANCE NO. 89- 27 1
I
(5) Plant any shrub, vine or tree within a riparian
corridor;
(6) Construct, alter, or repair any storm water
drainage structure, facility, or channel;
(7) Commit any act, within any easement dedicated for
drainage purposes, that will impair the use of such easement for
such purposes;
(8) Install or construct any new non-drainage
structures, improvements thereto or expansion thereof including,
but not limited to, buildings, swimming pools, patios, paving,
fences, poles, and similar improvements, within watercourses.
(Ord. 89- 27 : prior code S 7600: Ord. 1447 . )
1010-2.008 Emergency work authorization. This division
shall not prevent any person or the enforcing officer from
performing emergency maintenance or work within, on, over, under,
or through any watercourse, channel, ditch, conduit, or natural
drainageway, as necessary and proper for the preservation of life
or property when an urgent necessity arises. The person
performing the emergency work shall notify the enforcing officer
within the next working day, and apply for a written permit
within five calendar days of the beginning of work.
(Ord. 89-27 : prior code S 1010-2.006: Ord. 72-90: prior code
$ 7602: Ord. 1447 . )
1010-2.010 Fees . The fees for permits for the performance
of acts or works under this division and appeals shall be those
recommended by the enforcing officer and established and adopted
by the board of supervisors from time to time by ordinance. No
fee shall be required for municipalities or public districts .
(Ord. 89-27 : prior code S 1010-4 .022: Ord. 72-90: prior code
S 7630: Ord. 1447 . )
1010-2 .012 Administration. The public works department is
charged with the responsibility for the administration of the
provisions of this division. Pursuant to this code, the public
works director may appoint or delegate authority to qualified
persons or deputies for the purpose of the administration of this
division.
(Ord. 89- 27: prior code S 7605: Ord. 1447 : S 4-2 . 202 . )
1010-2 . 014 Ston work orders . Whenever any watercourse work
or related activity is being done contrary to this division, the
enforcing officer may order the work or activity stopped by
notice in writing served on any persons engaged in the doing or
causing of the work or activity; and these persons shall stop
immediately until authorized by valid permit or the enforcing
officerto proceed with the work or activity.
(Ord. 89-27 . )
CHAPTER 1010-4 APPEALS
1010-4 .002 Zoning administrator. Any person aggrieved by
the refusal or the terms of a permit required by this division
may appeal to the zoning administrator. Administration of this
chapter is referred to the zoning administrator and planning
agency to review appeal applications pursuant to and otherwise
regulated by the land use permit procedural provisions of Chapter
26-2.
(Ord. 89- 27 prior code S 1010-2.008: Ord. 72-90: prior code
S 7603: Ord. 1447 . )
1010-4 . 004 Exceptions. If, in following the procedural
provisions of Chapter 26-2, the zoning administrator is satisfied
that all of the following are true, the permit shall be granted:
(1) That there are unusual circumstances or conditions
affecting the property;
(2) That the applicant will be substantially damaged
by the refusal to grant the permit;
ORDINANCE NO. 89- 27 2
1010-6 .014 Improved channel. "Improved channel" means a
watercourse which has been modified through man-made construction
ORDINANCE NO. 89- 27 3
- -- -.LVG:II-laVl"1�C1T1L1G11'aTO1'a'O�c0l.illlii l.G\i {.V"Val .v o-t:,—aza'tu laac �aGatir..o Lvi
commencement and for completion of the act or work, except that
at the enforcing officer's discretion a completion date may be
specified.
(3 ) To be complete, the application shall be executed by
the property owner or the owner's duly appointed agent, be
ORDINANCE NO. 89- 27 4
accompanied with the required fee or fees, and deposited with the
enforcing officer.
(Ord. 89-27 : prior code S 1010-4.004: Ord. 72-90: prior code
$ 7621: Ord. 1447 . )
1010-8.006 Exhibits and conditions . The applicant shall
enclose with, include, attach, or add to the application for a
permit a map, plat, sketch, diagram, or similar exhibit of a size
and in such quantity as the enforcing officer may prescribe, on
which exhibit shall be plainly shown any and all information of a
technical or engineering nature necessary to locate, delineate,
illustrate, identify, justify, and substantiate the proposed act
or work, and the right and necessity of the applicant to perform
the act or work. The enforcing officer may require to be
submitted such soil investigation, tests of materials,
environmental documents, engineering plans and investigations,
technical reports and other permits, as the officer deems
necessary and proper. If necessary, changes, corrections, and
notes may be made on any such exhibit and/or conditions inserted
on the permit and these items shall become an integral part of
the permit when attested to by the enforcing officer.
(Ord. 89-27 : prior code S 1010-4 .006: Ord. 72-90: prior code
$ 7622: Ord. 1447 . )
1010-8 .008 Consent of riersons affected. The applicant
shall enclose with, attach, or add to the application for a
permit the written consent and waiver of liability given by any
and all persons or bodies politic having jurisdiction or any
interest in the property where work is to be performed, who of
themselves or their property would be affected in any manner by
the acts or works to be performed.
The granting of a permit pursuant to this division shall not
be construed as permission or license to enter on, occupy or
otherwise utilize private or non-county property without the
expressed consent of the owner or agent in possession thereof .
(Ord. 89- 27 : prior code § 1010-4 .008: Ord. 72-90: prior code
7623: Ord. 1447 . )
1010-8 . 010 Tunes of permits. Written permits required by
this division shall be one of the following types, depending on
the decision of the enforcing officer:
(1) "Regular permits" to do work under the provisions
of this division shall be issued for the performance of those
acts or works permitted by this division.
(2) "Conditional permits" shall be issued when such
conditions or circumstances exist or will foreseeably occur which
could in any manner be adverse to the performance of the acts or
works or be adverse to the purpose for which the acts or works
are to be performed. Such conditions or circumstances shall be
specifically set forth upon the application for permit or shall
be attached thereto and shall be considered incorporated in the
permit.
(3) "Emergency permits" shall be issued for reasons
necessitating emergency action as set out in Section 1010-2. 008.
(Ord. 89- 27 : prior code 1010-4 . 010: Ord. 72-90: prior code
S 7624: Ord. 1447 . )
1010-8. 012 Term and beginning work. The permittee shall
begin the act or work authorized by a permit issued pursuant to
this division within thirty calendar days from date of issuance,
unless another date is specifically indicated in the permit. The
permittee shall notify the enforcing officer at least two working
days prior to beginning work. Should the act or work not be
commenced on or before the date indicated in the permit, the
permit shall become void unless, prior to the date of expiration,
the permittee presents good and sufficient reason for an
extension of time and the date is extended by the enforcing
officer in writing. A permit which has become void by reason of
noncommencement of work prior to the stipulated date may be
renewed at the discretion of the enforcing officer and upon
ORDINANCE NO. 89-_7 5
I
payment of a renewal fee as provided for in the schedule of fees
adopted by the board of supervisors .
(Ord. 89- 27: prior code 1010-4 .012: Ord. 72-90: prior code
S 7625: Ord. 1447 . )
1010-8.014 Completion and inspection. The permittee shall
complete the act or work authorized by a permit issued pursuant
to this division within the time and before the date stipulated
in the permit. The permittee shall notify the enforcing officer
in writing upon completion of any act or work, and no work shall
be deemed to have been completed until such written notification
has been received and a final inspection of the work has been
made by a representative of the enforcing officer, unless such
inspection is waived in writing by the enforcing officer. No
permittee shall be deemed to have complied with this division
until such inspection has been performed and the enforcing
officer is satisfied that everything required to be done has been
completed.
Any work or act performed without a permit or not covered by
an issued permit may be acknowledged as complete by the enforcing
officer, provided that such work or act complies with the
requirements of this division and is otherwise acceptable to the
enforcing officer, and provided that all permit fees are paid.
In the event the work or act is unacceptable and does not comply
with the requirements of this division or code, the enforcing
officer may exercise any available remedies, including without
limitation the procedure prescribed in Chapter 1010-10.
(Ord. 89- 27 : prior code S 1010-4 .014: Ord. 72-90: prior code
S 7626: Ord. 1447 . )
1010-8.016. Performance security. Prior to the issuance of
a permit the applicant shall deposit with the enforcing officer
cash or check for payment to the county treasurer in an amount
deemed adequate by the enforcing officer but not exceeding the
estimated total cost, including all labor and materials, of the
work to be performed; except that such deposit may be waived by
the enforcing officer. In lieu of a cash deposit, the applicant
may file an approved surety bond issued by a company or
corporation authorized to engage in general surety business in
the state of California or an acceptable instrument of credit
meeting subdivision security standards . The conditions of any
cash deposit or surety bond made pursuant to this section shall
be that the permittee will diligently and in good faith comply
with all provisions of this division, with all terms and
conditions contained in the issued permit, and will pursue the
work to completion without undue delay except for reasonable
cause. Upon satisfactory and acceptable completion of the work
as set forth in Section 1010-8.014, the cash deposit shall be
refunded to the permittee, the permittee shall be exonerated from
the surety bond or the instrument of credit released by the
enforcing officer in writing upon the expiration of ninety days.
The enforcing officer shall not be responsible to ascertain
whether there exist unsatisfied liens against the premises upon
which the work was performed.
(Ord. 89-27 : prior code 1010-6 .002: Ord. 72-90: prior code
S 7631: Ord. 1447 . )
1010-8. 018 Liability insurance. In addition to the other
requirements of this division, satisfactory proof by certificate
of insurance is required that the permittee has in force a valid
public liability insurance policy which includes the county, the
Contra Costa County Flood Control and Water Conservation
District, their officers, employees and agents as additional
insureds . Unless such insurance coverage is waived by the
enforcing officer, it shall be in an amount the officer deems
sufficient to adequately protect the additional insureds from
liability for damages to persons) or property(s) arising from
the activities related to the permit.
(Ord. 89- 27 . )
ORDINANCE NO. 89- 27 6
(5-8-89)
• 1010-8.020 Changes. No changes shall be made in the
location, dimensions, materials, or character of the work
authorized in a permit, except upon written authorization to do
so by the enforcing officer.
(Ord. 89-2j_: prior code S 1010-4.018: Ord. 72-90: prior code
S 7628: Ord. 1447 . )
1010-8.022 Nontransferable. A permit issued pursuant to
this division shall not be transferable by, for, or on behalf of
the permittee, his or her heirs, assigns, or successors.
(Ord. 89-2: prior code S 1010-4 .020: Ord. 72-90: prior code
S 7629: Ord. 1447 . )
1010-8. 024 Unsatisfactory permit work. If the enforcing
officer determines that the performance of the work described in
a permit is unsatisfactory or unacceptable, or both, the
permittee shall reconstruct the work to the satisfaction of the
enforcing officer.
If the enforcing officer determines that delay in pursuit or
completion of the act or work is due to lack of diligence or
willful act on the part of the permittee, or that the work is
unsatisfactory or unacceptable, or both, if essential to the
health, safety, or welfare of the public, the enforcing officer
may request the board of supervisors for authorization to perform
or contract with any licensed general contractor to complete,
erect, install, reconstruct, or alter all structures or work in
conformance with the permit, or to remove all structures and
obliterate all work not completed. The costs (including
administrative and overhead expenses) incurred thereby shall be
repaid to the county from the cash, instrument of credit or
surety bond deposited by the permittee with the county for the
performance of the work; provided that any and all costs incurred
by the county which exceed the cash deposit, instrument of credit
or surety bond's penalty sum shall be paid by the permittee to
the county.
(Ord. 89- 27 , 85-13 S 2: prior code S 7627 : Ord. 1447 . )
CHAPTER 1010-10 NUISANCE ABATEMENT
ARTICLE 1010-10 . 2 NOTICE
1010-10 . 202 Abatement. The enforcing officer may have
nuisances abated and/or removed in accordance with the procedure
prescribed in this division.
(Ord. 89- 27 . )
1010-10.204 Notice. In the event of a violation of this
division constituting a public nuisance, and in addition to other
remedies and penalties provided in this code, the enforcing
officer may deliver or mail, by registered or certified mail, to
the owner of the property on which the violation occurred (or is
occurring) and to any involved permittee, a ten-day notice of
intention to abate the nuisance unless the owner does so within
ten days after the notice is received. Notice shall be provided
at the address of the owner as it appears on the last equalized
assessment roll .
(Ord. 89- 27 : Govt. C. S 25845. )
1010-10 . 206 Content. The notice shall contain:
(1) A statement of the nature of the nuisance;
(2) That the owner and any involved permittee must
abate the nuisance within ten days or, if they fail to do so, the
nuisance may be abated by the enforcing officer and the owner and
any involved permittee shall be liable to the county for the
costs thereof.
(3) An estimate of the cost of abatement (including
overhead and administrative costs) .
(4 ) A statement that this cost may be levied as a
special assessment on the owner's land.
(5) A statement of the property owner and any involved
permittee's hearing rights and notice to them that they may
ORDINANCE NO. 89- 27 7
(5-8-89)
r
V appear in person at a hearing or by sworn written statement in
lieu of appearing.
(Ord. 89-27 . )
ARTICLE 1010-10.4 HEARINGS AND APPEALS
1010-10.402 Hearing requests. (a) Request. Within ten
days after the mailing, delivery and receipt date(s) , whichever
is later, of the notice of intention to abate and remove, the
property owner or possessor of the property and any involved
permittee may request the zoning administrator for a public
hearing on the question of abatement and the estimated cost
thereof.
(b) Notice. The zoning administrator shall
immediately notify the enforcing officer of any such request.
(Ord. 89- 27 . )
1010-10.404 No hearing. If no request for hearing is
received within the ten-day period, the enforcing officer or any
person the enforcing officer authorizes may abate the nuisance.
Thereafter, the costs of abatement shall be collected pursuant to
Article 1010-10 . 8.
(Ord. 89- 27 . )
1010-10.406 Hearing notice. When a hearing is requested,
the zoning administrator shall mail notice of the hearing at
least ten calendar days before the hearing date, to the enforcing
officer, the property owner, any known possessor of the property,
and any involved permittee.
(Ord. 89- 27 . )
1010-10 .408 Hearings. All hearings under this division
shall be held before the zoning administrator who shall receive
all evidence the zoning administrator deems material, including
the condition of the property, the circumstances of the nuisance
and the location and the estimated cost of the abatement. The
zoning administrator shall not be limited by the technical rules
of evidence. The property owner, any known possessor of the
property or involved permittee may appear in person or present a
sworn written statement, in time for consideration at the
hearing.
(Ord. , 89-27 • )
1010-10 .410 Decisions. The zoning administrator may impose
such conditions and take such other action as the zoning
administrator deems appropriate under the circumstances to carry
out the purpose of this division. The zoning administrator may
delay the time for removal of the nuisance if, in the zoning
administrator's opinion, the circumstances justify it. At the
conclusion of the public hearing, if the zoning administrator
finds that there is a nuisance, the zoning administrator may
order it abated and/or removed as a public nuisance as
hereinafter provided and determine the cost of abatement to be
charged against the landowner. The order requiring abatement
shall include a description of the nuisance.
(Ord. 89-27 . )
1010-10 .412 Notice of decision. If an interested party
makes a written presentation to the zoning administrator but does
not appear, such interested party shall be notified in writing of
the decision.
(Ord. 89-27 . )
1010-10.414 Appeals. (a) The enforcing officer, the
property owner, any known possessor of the parcel, or any
involved permittee may appeal the zoning administrator's decision
by filing with the zoning administrator a written notice of
appeal, accompanied with any required fee, within ten calendar
days after the zoning administrator's decision. The zoning
administrator shall promptly transmit the proceedings to the
board of supervisors .
ORDINANCE NO. 89-- 27 8
(5-8-89)
(b) The board's clerk shall promptly give written
notice of the time and place of the hearing to the appellant and
those persons specified in Section 1010-10.406 .
(c) The board shall promptly hear such appeal, and may
affirm, amend, or reverse the order, or take other action it
deems appropriate. It shall not be limited by the technical
rules of evidence.
(Ord. 89- 27 • )
ARTICLE 1010-10.6 FINAL ABATEMENT ACTION
1010-10.602 Action. This division's nuisances may be
abated when:
(1) Releases authorizing abatement and property cost
collection have been signed by the involved property's owner(s) ;
or
(2) There is no reply to the notice of intent to abate
by the end of the ten-day waiting period; or
(3) The zoning administrator decides the nuisance is
to be abated and no appeal is made to the board; or
(4 ) After an appeal has been decided in favor of
abatement.
(Ord. 89- 27 . )
1010-10.604 Cost record. The enforcing officer shall
prepare an itemized written account of all expenses, including
administration and overhead, incurred to abate the nuisance where
it is proposed to collect costs pursuant to Article 1010-10.8.
Until such report is completed, no abatement costs (including
administration) will. be placed as a special assessment against
the parcel of land.
(Ord. 89- 27 . )
ARTICLE 1010-10.8 COST COLLECTION
1010-10 . 802 Collection. If the abatement cost (overhead,
administrative and removal costs) which is charged against the
owner of a parcel of land pursuant to Sections 1010-10 .404, 1010-
10.410 and 1010-10.414 is not paid within thirty days after the
completed abatement, the date of the order or the final
disposition of an appeal therefrom, such cost shall be, and is
assessed as a special assessment against the parcel of land
pursuant to Government Code section 25845, which shall be
transmitted to the auditor-controller for collection with the
same priority as other county taxes and to the office of the
county recorder for recordation.
(Ord. 89-27 . )
1010-10 . 804 Assessment notice abatement line. The
enforcing officer shall file with the auditor-controller and
county recorder a certificate substantially in the following
form:
"NOTICE OF ASSESSMENT AND ABATEMENT LIEN
(Watercourse Nuisance Abatement Cost)
Pursuant to Government Code §25845 and Ordinance Code §1010-
10.802, Contra Costa County abated a nuisance on the parcel of
real property described below, of which the named person(s) is
the owner shown on the last equalized assessment roll or
possessor, and fixed the below-shown amount as the cost thereof
and hereby claims a special assessment and abatement lien against
said parcel for this amount.
1. OWNER(S) OR POSSESSOR(S) : . . . . . . . . . . . . . . . . . . . . . . . . .
2. LAST KNOWN ADDRESSES OF OWNER(S) OR
POSSESSOR(S) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. DATE ABATEMENT ORDERED: . . . . . . . . . . . . . . . . . . . . . . . . . . .
ORDINANCE NO. 89- 27 9
(5-8-89)
s •
4. DATE ABATEMENT COMPLETE: . . . . . . . . . . . . . . . . . . . . . . . . . .
5. PARCEL: Real property in Contra Costa
County, California; County
Assessor's parcel #: . . . . . • • • . • . . . . . . • •
.[other description where needed] : . . . . . . . .
6. AMOUNT OF ABATEMENT (ASSESSMENT) COST: $ . . . . . . . . .
Dated: . . . . . . . . . . . . . . . . . Contra Costa County
By: . . . . . . . . . . . . . . . . . . . .
(Enforcing Officer) "
(Ord. 89- 27 . )
1010-10.806 Release and subordination. An abatement lien
created under this division may be released or subordinated by
the enforcing officer in the same manner as a judgment lien on
real property may be released or subordinated.
(Ord. 89- 27 : Govt. C. S 25845. )
SECTION III . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage and within 15 days after passage shall be
published once, with the names of the supervisors voting for and
against it, in the CONTRA COSTA TIMES , a newspaper
published in this County.
PASSED on May 9, 1989 , 1989, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN:None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Supervisors and County
Adm4Depp
' rato
By: ew
y Board Chair
[SEAL]
DFS:tb
(5-8-89)
ORDINANCE NO. 89- 27 10