The ordinance codified in this chapter shall be known as the “small dams ordinance,” and may be so cited. (Ord. 8692 § 1, 1964.)

A. As used in this chapter, “small dam” means any barrier, embankment, levee, revetment, spillway or outlet which does, which is designed to, or intended to, or may impound more than one acre-foot of water or other fluids or fluid materials to a depth of more than three feet at the deepest part.
B. “Small dam” does not include:
1. Any obstruction in a canal used to raise or lower water therein or divert water therefrom;
2. Any railroad fill or other railroad structure;
3. Any fill or structure for public highway purposes;
4. Any dam included in the provisions of Division 3, Part 1 of the California State Water Code;
5. Any overnight storage reservoir used for the purpose of irrigation, or any small dam situated in an isolated, self-contained area, if the county engineer finds that, by reason of such isolation and self-containment, no danger to private or public property can now or thereafter result from the construction, failure or operation of the structure or appurtenances;
6. Any dam, under regulations of other public agencies, whose specific duties and obligations are the construction or maintenance of such appurtenances, or are regulated by other Los Angeles County ordinances. (Ord. 8692 § 2, 1964.)

A person, firm, or corporation shall not construct, alter or remove, or cause or permit another person to construct, alter or remove a small dam until he first obtains a written permit from the county engineer. (Ord. 8692 § 3, 1964.)

A. To obtain a permit, the owner or his agent shall first file an application in writing with the county engineer on the form provided for that purpose, and shall furnish the following:
1. Name and address of the property owner, and the name and address of the applicant if the applicant is not the owner;
2. A legal description of the property where the small dam is to be constructed and a plot plan showing the location;
3. A map of the drainage area;
4. Two sets of plans and specifications of the construction proposed, including a plan of the area to be flooded, with accurate contour lines showing the original topography;
5. Rainfall and runoff data, and computations necessary to determine the amount of water to be expected;
6. Accurate cross-sections and grade of the outlet channel;
7. Data concerning subsoil and foundation conditions; the county engineer may require a report prepared by a qualified engineering geologist or soils engineer, or both;
8. Plans and computations required for small dams under the provisions of this chapter shall conform to the Design Standards for Small Dams on file in the office of the county engineer and the clerk of the board of supervisors;
9. Plans and computations must be prepared and signed by a civil engineer registered by the state of California, unless the plans have been prepared under the direction of and approved by the United States Department of Agriculture or other governmental agency;
10. An estimate for the construction cost of the project;
11. Such other information and data the county engineer finds is necessary to properly evaluate the application.
B. In instances where the physical conditions are such that no engineering problems are involved in the design, and the size of the dam is such as to render the above requirements as to drainage area, rainfall data, subsurface investigation and plan preparation by a registered civil engineer unnecessary, the county engineer may waive one or all of the requirements, designated as 3, 5, 7 and 9 in subsection A. (Ord. 8692 § 5, 1964.)

When application is made for a permit under this chapter, an application fee based on the estimated cost of the project as determined by the county engineer and as set forth in Table A in Section 11.64.080 for application fee, will be paid to the county engineer. This fee shall be separate and apart from any fees or deposits collected or imposed under this chapter or any other county ordinance or regulation, or by reason of any license, agreement or contract between the applicant and any other public agency. (Ord. 8692 § 7, 1964.)

The county engineer shall review the application and data submitted therewith and within 30 days advise the applicant of his findings. (Ord. 8692 § 6, 1964.)

The county engineer will approve plans and issue a permit for a small dam when he finds that:
A. A hazard to life and property will not be created;
B. Water supplies will not be polluted or endangered;
C. There will be no tendency or contribution toward the creation of a nuisance;
D. There will be no interference with the operations of other duly constituted agencies;
E. The proposed construction and resulting impoundment will not violate existing laws or ordinances;
F. All necessary permits from other agencies have been obtained and fees paid;
G. The fees required by this chapter have been paid and bonds posted. (Ord. 8692 § 4, 1964.)

After the county engineer has approved the plans and before a permit is issued, the applicant shall pay, in addition to the application fee, a permit fee, the amount of which shall be based upon the estimated cost of the project, as determined by the county engineer and as set forth in Table A below for a permit fee.

(Ord. 8692 § 8, 1964.)

Neither the county of Los Angeles nor any public officer or body acting in his official capacity on behalf of this county shall pay or deposit any fee. This chapter does not require the payment of any fee where the collection of such fee is prohibited by Section 6103 of the Government Code or by any other statute. (Ord. 8692 § 9, 1964.)

A. In the event the county engineer has performed no checking on the plans and computations submitted with the application, the applicant, upon written request to the county engineer for cancellation, is entitled to a refund of 50 percent of the total amount actually paid as the application fee.
B. In the event that any person shall have obtained a small dam permit, and no work or construction shall have been commenced, and the permit has been cancelled, the permittee, upon submitting a request in writing, shall be entitled to a refund in an amount equal to 80 percent of the permit fee actually paid for such permit. (Ord. 8692 § 10, 1964.)

A. Two complete sets of plans and specifications shall be submitted to the county engineer with the application for a permit. When the permit is issued, an approved set of plans and specifications will be returned to the permittee.
B. Should the county engineer waive the requirement for inspection by a registered civil engineer, three additional sets of plans and specifications shall be furnished to the county engineer without cost, showing any corrections, additions or changes which were required as a condition for issuance of the permit. (Ord. 8692 § 11, 1964.)

A. The issuance of a small dam permit shall constitute authorization to do only that work which is described or illustrated on the approved plans and application for the permit.
B. Permits issued under this chapter shall not relieve the permittee of the responsibility for securing permits or licenses that may be required for other agencies.
C. The time limit for completion of construction will be stated on the permit, and may be extended only on written request of the permittee and after investigation by the county engineer to determine if the extension is warranted.
D. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful.
E. The issuance of a permit based upon plans and specifications shall not prevent the county engineer from thereafter requiring the correction of errors in said plans and specifications, or from preventing construction from being carried on thereunder when in violation of this chapter or other county ordinance or state law.
F. Any modifications or changes in plans after the issuance of a permit shall be approved in writing by the county engineer.
G. The issuance of a permit under this chapter or the compliance with the provisions thereof or of any conditions imposed in the permit shall not relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the county or its agents for damage to other persons or property, or relieve the owner or operator of a small dam of the legal duties, obligations or liability incident to ownership or operation of the dam. (Ord. 8692 § 12, 1964.)

A. A permit shall not be issued for construction of a small dam until the permittee has posted with the county engineer a bond executed by the owner as principal and a corporate surety authorized to do business in this state as surety, or deposits a cash bond or deposits and assigns to the county as provided in Chapter 4.36 of this code and the Administrative Code, savings and loan certificates as shares, in the same amount as is required for a bond.
B. The amount of the bond shall be 50 percent of the estimated construction cost of the project, as shown on the permit. (Ord. 8692 § 13, 1964.)

Each bond shall include the conditions that the permittee shall:
A. Comply with all of the provisions of applicable laws and ordinances;
B. Comply with all of the terms and conditions of the small dam permit;
C. Complete all of the work contemplated under the permit within the time limit shown on the permit, unless a time extension is granted; no such extension of time shall release the surety upon the bond.
D. Upon default by the permittee, the surety shall complete the work contemplated under the permit, or shall remove or demolish any partially completed structures constructed under the permit and clear, clean and restore the site to its original condition, or do such other work as required by the county engineer to assure that a dangerous condition or nuisance does not exist or will not be created. (Ord. 8692 § 14, 1964.)

It shall be the full responsibility of the owner or permittee to determine and comply with state water laws governing the use of water and vested rights of others before starting any construction for impounding water under this chapter. (Ord. 8692 § 16, 1964.)

A. Any authorized representative of the county of Los Angeles in the performance of his official duties shall be granted access to the premises upon which a small dam is situated for the purpose of making such inspections as are necessary to insure compliance with the provisions of this chapter and the conditions of the permit issued under this chapter.
B. In the event of default by the permittee, the surety or any person employed or engaged on its behalf may go upon the premises to complete the required work or to remove or to demolish partially completed work or structures, and to clear, clean and restore the site, or to do such other work as is authorized by this chapter (Ord. 8692 § 15, 1964.)

A. All construction work authorized by a permit issued under this chapter shall be supervised by a civil engineer employed by the permittee and licensed to practice by the state of California and experienced in the type of construction for which the permit was issued.
B. If the county engineer finds that either the extent of the construction work or the physical conditions, or both, are such as to make supervision by a registered civil engineer unnecessary or impractical, he may waive the requirement. (Ord. 8692 § 21, 1964.)

All work authorized by the permit issued under this chapter shall be subject to inspection by the county engineer, as necessary to assure compliance with the intent of the permit and this chapter. (Ord. 8692 § 20, 1964.)

The county engineer may require that material and soil samples be taken during construction, and that test reports evaluating the essential properties be filed in his office as construction proceeds. Such sampling and testing shall be performed by an approved testing laboratory, and shall be done at no expense to the county. (Ord. 8692 § 23, 1964.)

Within 10 days after the county engineer notifies the permittee that any work is defective, either in its construction or material, or both, the permittee shall reconstruct or remove such work or materials, and make it conform to the provisions of the permit. (Ord. 8692 § 24, 1964.)

Should the county engineer determine that, prior to completion, a hazardous or dangerous condition exists or is impending because of weather or flood conditions, or for other reasons, the county engineer may order the work suspended or require that reasonable safeguards be maintained, or may order the work suspended and safeguards maintained until the hazard or dangerous condition has passed or has been relieved. (Ord. 8692 § 17, 1964.)

A. Notice of suspension of work or requirements as to safeguards shall be given in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the county engineer to proceed, or shall provide such safeguards as are required.
B. Such suspension of work shall not relieve the permittee or the surety of their obligations and duties. (Ord. 8692 § 18, 1964.)

Requirements for fencing and protection of the public shall conform to the requirements of Division 2 of this title, on General Hazards, as amended, or as required by other county ordinances or state law. (Ord. 8692 § 19, 1964.)

At the completion of construction supervised by a registered civil engineer, the permittee shall file with the county engineer one complete set of as-built plans, together with a certificate by the civil engineer certifying that all work was completed in accordance with the approved plans and specifications. The filing of such plans and certificate shall be a condition precedent to release of the surety. (Ord. 8692 § 22, 1964.)

A. Responsibility for proper operation and maintenance of a small dam shall rest with the owner of the land upon which the dam is situated. At no time shall the owner operate or permit to be operated, or maintain or permit to be maintained any small dam, including the water or liquid impounded and the area adjacent, in such a manner as to create a nuisance or hazard to life and property.
B. Whenever the county engineer determines by inspection that any small dam is or is likely to become unsafe, or is not being properly maintained and operated, the owner shall, within 10 days of receipt of written notice from the county engineer, take the necessary steps to comply with the requirements set forth in the notice.
C. If the owner fails to rectify the unsafe or improper condition within 10 days of receipt of written notice, the county engineer shall take the necessary steps, in accordance with Section 11.62.270 to make the small dam safe and proper. (Ord. 8692 § 25, 1964.)

Any alteration, structural change, excavating or dredging, filling or reveting of a small dam or the appurtenances thereto requires that a permit be first obtained for a small dam under the provisions of Section 11.62.070 of this chapter. (Ord. 8692 § 26, 1964.)

A. The county engineer may immediately employ any remedial means necessary to protect life and property if he finds that the condition of any small dam is so dangerous to the safety of life and property as not to permit of time for the issuance and enforcement of an order relative to maintenance and operation or removal of a small dam.
B. The county engineer shall notify the owner in writing of the cost of such work. If the total cost is not paid within 30 days after receipt of such notice, or unless a request for a hearing has been filed with the board of supervisors, the county engineer shall record in the office of the county recorder the total balance still due and a legal description of the property. From the date of the recording, such balance due will be a lien on the property. (Ord. 8692 § 27, 1964.)

The applicant, permittee, owner, or the county engineer, may request, in writing, a hearing before the board of supervisors within 30 days of the date of any written notification concerning the denial of a permit, the requirement for special conditions relative to issuance of a permit, the suspension of work, the operation and maintenance of a small dam or the cost of emergency work. A request for hearing shall not delay or prevent emergency work ordered by or performed by the county. (Ord. 8692 § 29, 1964.)

Not less than 10 days prior to the hearing, the clerk of the board of supervisors shall serve or cause to be served, either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the notice of hearing upon all parties concerned, and to all persons who have requested within the past 60 days that they receive notice of such hearing or hearings. (Ord. 8692 § 30, 1964.)

Whenever in this chapter notice is to be served by personal service or by registered or certified mail, it shall be deemed that a reasonable effort has been made to serve such notice when registered and certified letters have been mailed to the address of the party being served, as shown on the official record or on the record of the county assessor. When an address is not so listed or a contact cannot be made, the service shall be by posting on the site of the small dam. Notice shall be deemed effective 10 days from the date of posting. (Ord. 8692 § 28, 1964.)

The notice of hearing shall state the address and a legal description of the property upon which the small dam is situated or proposed, sufficient for identification; the conditions or questions for which the hearing was requested; the date, hour and the place of the hearing; and the name and address of the owner or permittee. (Ord. 8692 § 31, 1964.)

Not less than 10 days prior to the hearing, the clerk of the board of supervisors shall cause a notice of the hearing to be posted in a conspicuous place on the property upon which the small dam is situated or proposed. (Ord. 8692 § 32, 1964.)

A. A person shall not erect, construct, enlarge, alter, remove, demolish, use, operate or maintain any small dam in the unincorporated portion of the county, or cause same to be done, contrary to or in violation of any of the provisions of this chapter.
B. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 8692 § 33, 1964.)