Sec. 90-61. - Exemptions.

(a)

This article shall not be construed to affect the right of any natural person to capture, contain, discharge, or use water for purposes permitted by law, to affect the right of any person engaged in the occupation of agriculture, floriculture, or horticulture to alter topography consistent with such occupation if the alteration is not primarily to impound or obstruct surface water or change a water level.

(b)

This division does not apply to construction, operation, maintenance, or abandonment of a closed system as defined hereinabove. This division applies to the taking and discharging of water for filling, replenishing, and maintaining the water level in a closed system.

(Ord. No. 74-50, § 1(3.02))

Sec. 90-62. - Declaring and abatement on nuisance works.

Any dam, impoundment, reservoir, appurtenant work or works in violation of the laws of this state, this article, or any standard, regulation, or orders of the board of county commissioners, or condition of a permit shall be deemed a public nuisance. Operation of such dam, impoundment, reservoir, appurtenant work or works may be enjoined by the board of county commissioners, or any citizen. The board of county commissioners shall be a necessary party to any such suit.

(Ord. No. 74-50, § 1(3.11))

Sec. 90-63. - Remedial measures required.

Based upon an inspection, the board of county commissioners may determine and order the owners of a dam, impoundment, reservoir, appurtenant work or works to make alterations and repairs to be made within a reasonable time certain. The owner may file a written petition for a hearing before the board of county commissioners within ten days after the order is served. If the owner fails to make the specified alterations or repairs within 30 days, the board of county commissioners may cause such alterations or repairs to be made and the cost, including interest and attorney fees, shall become a lien against the property until the board of county commissioners is reimbursed.

(Ord. No. 74-50, § 1(3.12))

Sec. 90-64. - Emergency authorization to construct works.

(a)

Authorization to begin construction of works prior to issue of a permit may be applied for, in writing, when emergency conditions justify. No such permission shall be granted unless the construction of the works is already under consideration for a permit under subsection 90-82(a).

(b)

The county administrator may grant emergency authorization. However, a serious set of unforeseeable and unforeseen circumstances must exist to create an emergency. Mere carelessness or lack of planning on the part of the applicant shall not be sufficient grounds to warrant the granting of emergency authorization.

(Ord. No. 74-50, § 1(3.13))

Sec. 90-65. - Emergency measures.

(a)

If any dam, impoundment, reservoir, appurtenant work or works is hazardous to safety of life or property and time does not permit to issue and enforce an order to maintain or operate; or if imminent floods threaten the safety of any dam, impoundment, reservoir, appurtenant work or works, the board of county commissioners shall take immediate remedial action necessary to protect the public health, safety or welfare.

(b)

In using the emergency powers provided by this section, the county administrator may take the following action:

(1)

Lower water levels by releasing water from any impoundment or reservoir.

(2)

Empty impoundments and reservoirs.

(3)

Other action the board of county commissioners determines necessary to safeguard life and property.

(c)

The county administrator shall exercise control of such dams, impoundments, reservoirs, and appurtenant works until rendered safe or the emergency ceases.

(Ord. No. 74-50, § 1(3.14))

Sec. 90-66. - Inspections.

(a)

During the construction or alteration of a dam, impoundment, reservoir, appurtenant work or works, the board of county commissioners may cause to be made at its expense such periodic inspections as it deems necessary.

(b)

If work is contrary to the approved plans and specifications, the board of county commissioners shall give the permittee written notice stating the particulars not in compliance and shall order immediate compliance. Failure to comply shall result in permit revocation proceedings.

(c)

Upon completion of the work the county engineer shall inspect dams, reservoirs, impoundments, appurtenant work or works annually, or more frequently if necessary. It shall be unlawful to refuse, deny or obstruct immediate entry or access by an authorized representative of the board of county commissioners to conduct inspections.

(Ord. No. 74-50, § 1(3.06))

Sec. 90-67. - Headgates, valves and measuring devices required.

(a)

The owner of a dam, impoundment, reservoir, appurtenant work or works shall, unless determined by the board of county commissioners to be unnecessary:

(1)

Install and maintain a serviceable headgate or valve at the point where the water is discharged or diverted.

(2)

Install a water discharge or diversion measuring device to the specifications, and located at the point approved by the board of county commissioners.

(b)

If the owner fails to construct or install such headgate, valve or such measuring device within 60 days after the board of county commissioners has ordered, the board of county commissioners shall cause such installation and the cost shall become a lien against the owner's land and collected as taxes or otherwise as provided by law.

(c)

It shall be unlawful for any person to cause a measuring device to register other than the quantity of water diverted, discharged or taken.

(Ord. No. 74-50, § 1(3.08))

Secs. 90-68—90-80. - Reserved.