* For state law as to local flood control, see Wat. C. § 8000 et seq. As to flood control by counties, see Wat. C. § 8100 et seq. As to watershed protection and flood prevention generally, see Wat. C. § 12850 et seq.

The board of supervisors finds and declares that the free flow of flood waters through the various waters and channels throughout the county is essential to the protection of persons and property throughout the county, and any construction, deposit of material or other act or thing constructed, deposited or done with any channel or waterway within the county resulting in the obstruction or diminution of free flow of flood waters in such channel or waterway is detrimental and dangerous to the public health, safety and welfare of the citizens of the county. (Ord. No. 4803 § 1, 1994: Ord. No. 1108 § 15.)

No person, municipality or public district shall commit or cause to be committed any of the acts hereinafter described, unless a written permit has first been obtained from the enforcing officer:

(a) Impair or impede or obstruct the natural flow of storm waters or other water running in a defined channel, natural or man-made, or cause or permit the obstruction of any such channel.

(b) Deposit any material in such channel.

(c) Alter the surface of land so as to reduce the capacity of such channel.

(d) Construct, alter or repair any storm water drainage structure, facility or channel without first obtaining a permit therefor, as provided by this article.

(e) Commit any act, within any easement dedicated for drainage purposes, that will impair the use of such easement for such purpose.

(f) Place any material along the sides of any defined channel or so close to the side of such channel as to cause such material to be carried away by flood waters passing through such channel.

(g) Construct any structure within one hundred feet of the top of any embankment, natural or man-made which defines a channel, except structures constructed on a lot in a subdivision where the flood hazard has been found to be remote in the review by the county water agency.

(h) Deposit any material as aforesaid, which contains paper, bottles, cans, lumber, garbage, organic matter or other material which will not readily become an integral part of the channel side.

(i) Deposit car bodies or any unsightly material on the top of sides of any embankment, natural or man-made which defines a channel. (Ord. Nos. 1108 § 1, 1300 § 1.)

All drainage structures and facilities shall be designed and constructed according to the Sonoma County water agency’s flood control design criteria, latest edition or subsequent amendments thereto. (Ord. No. 4981 § 5, 1996.)

The enforcing officer shall prescribe and provide a standard form of application for permit as required by this article and such application when duly executed and signed by the enforcing officer shall become the permit. The application shall state the property owner’s name together with such details as in the opinion of the enforcing officer are necessary to establish the purpose of the act or work to be performed, the location, dimensions, estimated total cost and the dates for commencement and for completion of the work; except, that the enforcing officer may at his discretion establish the date of completion. The application shall be executed by the property owner or his duly authorized agent and filed with the enforcing officer. The application shall provide the enforcing officer with such information as he shall request or demand in order that all engineering and other technical information may be available as necessary to locate, delineate, illustrate, identify, justify and substantiate the proposed work or act, and the right and necessity of the applicant to perform the act or work. The enforcing officer may require the applicant to submit all investigations and technical reports as the enforcing officer deems necessary and proper. The application shall provide the written consent and waiver of liability given by any and all persons, or public agencies having jurisdiction, who of themselves or their property would be affected in any manner by the acts or work to be performed. (Ord. No. 1108 § 5.)

Fees for the performance of work under permits issued pursuant to the provisions of this article shall be those recommended by the enforcing officer and established and adopted by the board of supervisors from time to time by resolution. Before a permit is issued the applicant shall deposit with the enforcing officer for payment to the treasurer of the county of Sonoma a sufficient sum to cover the fee for issuance of the permit, in accordance with the schedule established and adopted by the board of supervisors. (Ord. No. 4803 § 1, 1994: Ord. No. 1108 § 6.)

The written permits required by this article shall be issued by the enforcing officer or his lawful appointee for any lawful use subject to conditions set forth in this article and as required by law. The issuance of a permit shall in no manner whatsoever imply or impugn a responsibility or liability on the part of the county, or its employees, for injuries or damage resulting from any act or condition regulated by this article. (Ord. No. 4803, § 1, 1994: Ord. No. 1108 § 4.)

(Ord. No. 5603 § 2, 2005: Ord. No. 1108 § 5.)

No permit issued under this article may be transferred or assigned in any manner whatsoever, voluntarily or by operation of law, without the express consent of the board of supervisors. (Ord. No. 1108 § 9.)

Any permit issued pursuant to this article may be issued on the condition that it is not valid until the permittee has entered into a written contract with the county to perform the work in accordance with the terms of the permit and posted security in an amount satisfactory to the enforcing officer for the faithful performance of the work, which security shall not exceed one hundred percent (100%) of the cost of the work to be performed or its removal or reconstruction in the event of default on the part of permittee. (Ord. No. 1108 § 8.)

The enforcing officer may inspect or cause to be inspected any work done pursuant to a permit issued under the provisions of the article and no permittee shall be deemed to have complied with this article until a final inspection of the work has been made by the enforcing officer or his representative and a report made in writing that the work has been completed in accordance with the permit. Unsatisfactory work shall be corrected or reconstructed by the permittee and should the enforcing officer deem that delay in pursuit of completion of the work is due to lack of diligence or willful act on the part of the permittee, the enforcing officer may apply to the board of supervisors for permission to contract with any licensed general contractor for the construction and completion of the work in conformance with the permit or for the removal of work or structures which are nonconforming to the permit and the cost thereof may be charged to the permittee upon order of the board of supervisors. (Ord. No. 1108 § 7.)

(a) Notice of Violation. In the event of a violation of this article and in addition to other penalties herein provided, the enforcing officer may serve a written notice upon the owner of the property on which the violation occurred by personal service or by registered mail addressed to the owner as his address appears on the assessment roll of the county. The notice shall state the nature of the violation, that the owner is required to abate the condition constituting the violation within ten (10) days after the notice is received, and that if the owner fails to abate the condition within such period, the condition may be abated by the enforcing officer and the owner shall be liable for the cost thereof. Each day that such condition constituting the violation continues after notice to the owner of the property to abate the same shall be a separate violation, regardless of whether the condition was originally caused by owner or others.

(b) Abatement by County. If the condition is not abated by the owner in accordance with such notice, the enforcing officer may abate the condition and shall charge the owner for the cost thereof. If this charge is not paid within sixty (60) days, the amount of such charge plus accumulated interest at the rate of six percent (6%) per annum from the date of the charge shall be added to the next regular tax bill sent to the owner and shall be collected in the manner fixed by law for the collection of taxes or in the alternative recovery therefor may be had through civil action.

(c) Emergency Abatement. If the enforcing officer finds that a violation has created an emergency condition endangering the public health or safety, he may abate the condition in accordance with subsection (b) hereof without giving the notice required by subsection (a).

(d) Civil Remedies. Any structure, fill, dam, deposit of earth or other material or alteration of the surface of land constructed, installed, deposited or maintained contrary to the provisions of this article shall be and the same is hereby declared to be a public nuisance, and the county counsel shall, upon order of the board of supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such structure, fill, dam, deposit of earth or other material or alteration of the surface of land or other condition existing because of violation of any provision hereof, and restrain and enjoin any person from constructing, installing or maintaining any such structure, fill, dam, deposit of earth or other material or alteration of the surface of land or any other condition existing due to any violation of this article. (Ord. Nos. 1108 § 2, 1300 § 2.)

Any person aggrieved by the refusal of a permit or by the terms of a permit required by this article may appeal to the board of supervisors. Any such appeal shall be in writing filed with the clerk of the board of supervisors within fifteen (15) days after the refusal of a permit or the issuance of a permit, the terms of which are unsatisfactory to the permittee. An appeal shall set forth the grounds therefor, the work proposed to be done, the method of accomplishing same, together with sufficient factual, engineering and technical data to set forth the basis and the reasons for the appeal. At its first regular meeting after the filing of any appeal, the board of supervisors shall set the same for hearing not less than ten (10) days nor more than twenty (20) days after the date of such meeting and shall cause written notice of the time and place thereof to be given to all parties concerned.

If, after the hearing on any appeal, the board of supervisors finds all of the following to be true, the permit shall be granted:

(a) That the applicant will be substantially damaged by the refusal to grant the permit.

(b) That no other reasonable method of obtaining the desired results is available except as proposed by the applicant.

(c) That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property. (Ord. No. 1108 § 10.)

Dams constructed for the purpose of impounding water when designed or approved by an agency of the federal government or of the state, or when subject to review and approval by the state department of water resources, pursuant to Part I of Division 3 of the State Water Code, shall be exempt from the provisions of this article. (Ord. No. 1108 § 1.)

Soil, water, wildlife, or other resource conservation, restoration, or enhancement projects shall be exempt from the provisions of this article where a public agency assumes full responsibility for the work. (Ord. No. 5666 § 2(a), 2006.)

This article shall not prevent any person from performing emergency maintenance or work within, upon, over, under or through any watercourse, channel, ditch, conduit or natural drainage way as may be necessary and proper for the preservation of life or property when an urgent necessity therefor arises. The person performing such emergency work shall apply for a written permit therefor within ten (10) calendar days after the beginning of such work. (Ord. No. 1108 § 3.)

Nothing contained in this article shall be deemed to apply to the obstruction, stoppage or diminution of capacity of any channel or waterway due to natural causes. (Ord. No. 1108 § 13.)

It is the intent of this article that it be prospective in operation only and the provisions hereof shall not apply to structures or conditions in existence prior to the effective date of the ordinance from which this article derives.* (Ord. No. 1108 § 14.)

* Editor’s note. -- The ordinance from which this article derives was passed and adopted October 14, 1968, and became effective thirty days thereafter.

The director of the permit and resources management department is charged with the responsibility for the administration of the provisions of this article. (Ord. No. 4803 § 1, 1994: Ord. Nos. 1108 § 11, 2105 § 5, 2470.)