No person shall do anything to any natural watercourse or any channel carrying storm water that will in any manner obstruct or interfere with the flow of water through such watercourse or channel, and any property owner, lessee or tenant of any property through which a natural watercourse or any channel carrying storm water passes shall keep and maintain the same free from any obstructions that will in any manner prevent or retard the flow of water through such watercourse or channel, except that a watercourse or channel may be filled or altered if a permit to do so has been first obtained pursuant to Sections 13.08.010, 13.08.020 and 13.08.040.
(Prior code § 29A-3)
Any person desiring to obtain a permit to construct, reconstruct or repair any drainage structure or to alter or change any natural watercourse or natural drainage channel or to fill or obstruct the same shall file an application in writing therefor with the department of public works which shall state:
A. 
The name and address of the applicant, and if applicant is a corporation, the names and addresses of the principal officers thereof;
B. 
The place where such construction, reconstruction, repair or alteration is to take place;
C. 
The type of construction proposed to be used in such construction, reconstruction, repair or alteration, together with the materials to be used, shown on an accompanying diagram of the proposed work, and such other information as the department of public works may require to carry out the purposes of this chapter.
(Prior code § 29A-4)
The department of public works or its authorized representatives are authorized and empowered to notify the owner of any private property within the city, the agent of such owner, or the occupant or person in charge or control of the property, to properly dispose of obstructions in any natural watercourse located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be as hereinafter provided.
(Ord. 3558 § 1, 1981)
The notice referred to in Section 13.08.050 shall be in writing and shall contain a description of the property in general terms reasonably sufficient to identity the location of said property, shall direct compliance with removal of the obstruction to the natural watercourse which is contrary to the public health, safety or welfare, and shall refer to this chapter and be served in one of the following manners:
A. 
By personal service on the owner, agent, occupant or person in charge or control of the property;
B. 
By certified or registered mail, addressed to the owner, agent, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known;
C. 
By deposit of the said notice, postage prepaid, in the United States mail.
(Ord. 3558 § 1, 1981)
Within ten days from the date of personal service or mailing of the required notice provided for in Section 13.08.060, the owner or person occupying or controlling such lot or premises affected by such notice may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. The city clerk shall set a hearing date upon all appeals at a regular or adjourned regular meeting of the city council not less than fifteen days nor more than thirty days after the service of the notice as provided in Section 13.08.060. The city council shall proceed to hear and pass upon such appeal at said time, unless continued, and the decision of the city council shall be final and conclusive.
(Ord. 3558 § 1, 1981)
It shall be the duty of the owner, the agent of the owner, or the occupant or person in charge or control of any property in the city, within thirty days from the date of personal service or mailing of the notice provided for in this chapter, or in the case of an appeal to the city council, within thirty days from the determination thereof, unless the same is sustained, to comply with the requirements of such notice.
(Ord. 3558 § 1, 1981)
Upon the failure, neglect or refusal of any owner or agent, after notice as hereinabove set forth, to properly comply with the order to remove any obstruction to a watercourse from the property within the time specified in this chapter, the department of public works, or its authorized representatives, shall cause such removal to be done. When the city has completed such work, or has paid for such work to be done, a report of the proceedings and an accurate account of the cost on each separate property shall be filed with the city clerk.
(Ord. 3558 § 1, 1981)
Upon a finding by the city council that an obstruction in a natural watercourse constitutes a present danger to the public health, safety or welfare, or threatens immediate injury to private or public property, the notice provision of Section 13.08.050 and the appeal provision of Section 13.08.070 may be waived and the department of public works, or its authorized representatives, shall cause immediate removal of such obstruction. In the event the department of public works, or its authorized representatives, conclude that immediate danger is so imminent as to constitute an emergency, the city manager may cause immediate removal of such obstruction prior to city council approval. When the city has completed such work, or has paid for such work to be done, a report of the proceedings and an accurate account of the cost on each separate property shall be filed with the city clerk.
(Ord. 3558 § 1, 1981)
When the city has completed the work ordered to be done, or has paid for such work, the actual cost thereof, together with any administrative cost, shall be charged to the owner of the property, and the owner, agent, or the occupant or person in charge or control of the property, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien upon the property.
(Ord. 3558 § 1, 1981)
Where the full amount due the city is not paid by such owner within thirty days after the date of billing, the city clerk shall set the report and account for hearing by the city council at the first regular or adjourned regular meeting which will be held at least seven calendar days after such thirty-day period has expired. The city clerk shall post a copy of such report and account and a notice of the time and place of hearing in a conspicuous place at or near the entrance of the council chambers in the city hall.
(Ord. 3558 § 1, 1981)
The city council shall consider the report and account at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the proposed charge may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted, or as modified or corrected by the city council. The decision of the city council on the report and the charge, and on all protests or objections, shall be final and conclusive. The amounts so approved shall be charged to the property owner on the next regular tax bill, and shall be a lien upon the property involved. The city council shall confirm such assessment and cause the same to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.
(Ord. 3558 § 1, 1981)
All such assessments remaining unpaid after thirty days from the date of confirmation of the assessment by the city council shall become delinquent and shall bear interest at the rate of seven percent per year from and after such date.
(Ord. 3558 § 1, 1981)