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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: