Ord 85ORDINANCE NO. 85
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING
CERTAIN SECTION~ OF DIVISION 8 OF THE CITY OF
POWAY REGULATORY ORDINANCES (DRAINAGE AND WATERCOURSE)
The City Council of the City of Poway does ordain as follows:
Section 1. Amendments to Division 8
a. Section 88.101(b) is hereby amended to read as follows:
"Director" means the Director of Public Services of the
City.
b. Section 88.101(d) is hereby amended to read as follows:
"100-YEAR FLOOD" means a flood estimated to occur on an
average of once in 100 years (one percent probability
of occurrence each year) which is determined from an
analysis of historical flood rainfall records and com-
puted in accordance with the current San Diego County
Flood Control District Design and Procedure Manual.
c. Section 88.101(k) is hereby amended to read as follows:
"MAINTENANCE" means cleaning, removing obstructions, and
repair of existing facilities to the satisfaction of the
Director. Obstructions shall include vegetation, shrubs,
trees, tree stumps, limbs and foliage, debris, trash,
rubbish, waste matter, deposits of dirt, sand or rock,
walls, structures, building materials or any other material
which, in the opinion of the Director, may impede, impair,
restrict or divert the flow of water from its natural
course. Removal of natural siltation is not considered a
maintenance item.
d. Section 88.102(a) is hereby amended to read as follows:
Deposit any material if any kind in a watercourse which
may impair or impede the flow of water therein.
e. Section 88.113 is hereby amended to read as follows:
MAINTENANCE OF FLOODWAY REQUIRED. The property owner
is responsible for the timely maintenance of any floodway
on the owner's property. Failure to maintain a floodway
in a safe and unobstructed condition is hereby declared
to be violation of this section and a public nuisance.
The Director may serve a written Notice of Violation on
the property owner personally or by registered or certified
mail. The Notice shall clearly state the nature of the
violation and the work that will be required to correct the
violation. If served by mail, the notice shall be sufficient
eo
ordinance No. 85
Page 2
if sent to the address of said owner as it appears
on the last equalized assessment roll or, alterna-
tively, as it appears from such other records of
the Assessor or the Tax Collector that contain
more recent addresses in the opinion of the Director.
The notice shall require the property owner to abate
the conditions constituting the violation within 60
days of the date of the notice except that in case
of an emergency, the property owner may be required
to abate the nuisance in such shorter time as the
Director requires. If the'property owner fails to
abate the nuisance within the time specified, the
Director may cause the abatement to be done with
City forces or by contract, in which event the
property owner shall be liable for all costs of
such abatement, as described in Chapter 5.
Section 88.202(a) is hereby amended to read as
follows:
Everything listed as required in the City grading
ordinance.
f. Section 88.400 is hereby amended to read as follows:
go
ho
APPEAL. Any person aggrieved by any order or refusal
pursuant to this division may appeal to the City
Council in writing within 10 days of the order or
refusal.
Section 88.401(a) is hereby amended to read as
follows:
That the applicant would suffer substantial injury
or detriment by any order or refusal to grant the
permit or modify or delete the condition;
Section 88.401(c) is hereby amended to read as
follows:
That the granting of the permit or the modifying or
deleting of conditions or order would not be materially
detrimental to the public interest, safety, health and
welfare, would not significantly restrict the carrying
capacity of a watercourse, and would not create an
unreasonable hazard of flood or inundation to persons
or property.
Ordinance No. 85
Page 3
The permit shall also be granted, or the condition or
order complained of, deleted or modified, if the require-
ments of subparagraphs (a), (b), and (c) above can be
satisfied by the imposition of reasonable conditions.
i. Section 88.501(a) is hereby amended to read as follows:
NOTICE OF VIOLATION. In addition to any other procedures
or penalties established bY law, in the event of a
violation of Section 88.102 or Section 88.103 the Director
may serve a written notice on the violator personally, or
mail such notice postage prepaid and return receipt
requested to the address at which, in the opinion of the
Director such notice is most likely to be received by
the violator, which notice states the nature of the
violation; that the violator is required to abate the
condition constituting the violation within 60 days
after the notice is received, unless in the opinion of
the Director, a shorter period of time is required, but
in no case less than 10 days; and that if the violator
fails so to abate the violation the Director may do so,
in which event the violator shall be liable for all costs
of such abatement including but not limited to reasonable
attorney's fees. If the owner of the property on which
the violation occurred is the violator, the notice shall
be sent to the address of the said owner as it appears
on the last equalized assessment roll or, alternatively,
as it appears from such other records of the Assessor
or Tax Collector that contain more recent addresses in
the opinion of the Director.
j. Section 88.502 is hereby amended to read as follows:
EMERGENCY ABATEMENT. If it appears to the Director
that an emergency exists because of a violation of
Section 88.102, Section 88.103 or Section 88.113 then,
without following the procedure established by Section
88.501, the Director may order all work done necessary
to remove, abate or mitigate the condition creating
such emergency. The Director may do the work with his
own employees or may contract to have the work done;
in either event the Director shall keep a record of
the cost of the work and charge the cost of the work
to the violator, who shall repay the City for the cost
thereof.
Ordinance No. 85
Page 4
Section 2. This ordinance shall be effective thirty (30) days after
its adoption and the City Clerk shall certify same within fifteen (15)
days after its adoption and cause it to be posted in at least three (3)
public places and published at least once in the Poway News Chieftain.
Section 3. The City Council of the City of Poway, California, hereby
finds that this ordinance will not cause significant adverse impacts on
the environment and therefore issues a Negative Declaration.
Introduced and first read at a regular meeting of the City Council of
the City of Poway held on the 15thday of February, 1983 and thereafter
PASSED and ADOPTED at a regular meeting of said City Council held the
22nd day of February, 1983 by the following vote:
AYES:
COUNCILMEMBERS: EMERY, KRUSE, ORAVEC, TARZY, SHEPARDSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: