California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 26 - Maintenance Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  the performance of maintenance activities as defined in section
				  4(v), the
				  department, local maintaining agency, or designated representatives of the
				  board may remove unpermitted abandoned property that interferes with
				  maintenance or inspections after notification by the Executive Officer as
				  described in subsection (b).
(b)
				  Prior to any removal allowed under (a), the Executive Officer shall notify the
				  landowner or owner of the unpermitted abandoned property by one of the
				  following methods: in person, phone, e-mail, or U.S. mail. If the landowner or
				  owner of the abandoned property cannot be located after reasonable efforts, a
				  notice may be posted on the property for a minimum of five (5) calendar days
				  prior to removal. The posted notice shall be clearly visible, shall provide a
				  board contact name, phone number, e-mail address, and mailing address, and
				  shall state that the owner may contact the board to object to such removal. The
				  notice shall also state the date on or after which removal will occur if no
				  objection is made.
(c) If a timely
				  objection is made, no removal shall take place until the Executive Officer has
				  provided the objector a reasonable opportunity to present reasons why the items
				  should not be removed. The Executive Officer shall provide a written decision,
				  which may be reviewed by the board pursuant to section
				  110.
(d) For purposes of this section, "abandoned
				  property" shall mean any structure, material, or object that appears to a
				  reasonable person to have been discarded, cast aside, dumped, neglected,
				  unusable, dilapidated, or permanently vacated. Examples of abandoned property
				  may include, but are not limited to, the following: refuse, vegetation,
				  pipelines, or structures such as stairs, fences, or boat docks that have fallen
				  into a state of disrepair.
(e)
				  Nothing in this section is intended to remove any authority already vested in
				  the department or any local maintaining entity in the performance of
				  maintenance activities.
1. New
					 section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 7).
2. Renumbering of former section
					 26 to section
					 28 and renumbering of former
					 section 21 to section
					 26, including amendment of section
					 and NOTE, filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014,
					 No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Certificate of Compliance as to 1-9-2014 order transmitted
					 to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).
Note: Authority cited: Section
						8571, Water
						Code. Reference: Sections
						8361,
						8370,
						8534,
						8598,
						8615,
						8700 and
						8704.4, Water
						Code.