The purpose of this chapter is to provide for the orderly development of water channels within the city so as to prevent destruction to property by flooding and impose regulations so as to maintain the quality of waters carried in water channels throughout the city.

(Ord. 775 (part), 2004).

A.

"Excavation" as used in this chapter means to remove from any water channel any sand, rock, gravel, vegetation, debris or other similar material.

B.

"Fill" as used in this chapter means to place in any water channel any material, riprap or physical obstruction whatsoever.

C.

"Liquid waste" as used in this chapter means any liquid other than water, or any water of a business or residential use which contains any matter other than that which would in the same concentration be found in any natural surface drainage.

D.

"Stream diversion" means to physically alter a water channel other than which is natural to the characteristics of the water channel, or in the case of manmade water channels, to physically alter any such water channel after the effective date of this chapter.

E.

"Water channel" as used in this chapter means Yreka Creek, Greenhorn Creek and Humbug Creek and the area on each side of the thread of such creek. The watercourse shall be forty-five (45) feet wide centered on the thread of Yreka Creek and Greenhorn Creek and thirty-five (35) feet in width centered on the thread of Humbug Creek.

(Ord. 775 (part), 2004).

No person shall alter, fill, excavate, divert, remove vegetation from, or place any obstruction in or upon any water channel within the city, or permit liquid waste to enter a water channel, without first obtaining a permit from the planning director. In granting or denying a permit pursuant to this chapter, the planning director shall consider the effects of such filling, excavation, vegetation removal, construction or diversion as it may affect water quality of the water channel, or any other water channel within the city, bank erosion, and the increase or decrease in the hazard from flooding created by such project. In the event the planning director denies such application for a permit or imposes conditions unacceptable to the applicant, the applicant may appeal the decision pursuant to Section 16.14.020. Any permit issued pursuant to this chapter shall not relieve the applicant from obtaining other permits as may be required by law.

(Ord. 775 (part), 2004).

Nothing herein shall be construed to prevent any person from exercising such rights as may exist at law for the protection of one's person and property in the event of floods or other imminent peril.

(Ord. 775 (part), 2004).

Any violation of this chapter shall constitute a public nuisance.

(Ord. 775 (part), 2004).