14.28.110 Watercourse protection.

(A) Every person owning, occupying, leasing, renting, or in control of premises through which a watercourse passes, are encouraged to the maximum extent practicable:

(1) Keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would and/or could pollute, contaminate, or significantly retard the flow of water through the watercourse;

(2) Maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and

(3) Not remove healthy bank vegetation beyond that necessary for said maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

It should be noted that if a property owner does not maintain a portion of a watercourse through their property and damage occurs to other properties as a result of the lack of maintenance, the property owner may be liable for damage resulting from the lack of maintenance of the watercourse. When problems are noted, city personnel shall notify the property owner in writing describing the problem noted and requesting that the property owner take necessary action to fix the problem.

(B) No person shall commit, or cause to be committed, any of the following acts, unless a written permit has first been obtained from the director of public works:

(1) Discharge into, or connect, any pipe or channel to a watercourse;

(2) Modify the natural flow of water in a watercourse;

(3) Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance;

(4) Construct, alter, enlarge, connect to, change, or remove any structure in a watercourse; or

(5) Place any loose or unconsolidated material adjacent to, or within, a watercourse so as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwater passing through such watercourse.