§ 8701.4. — 8701.4. (Added by Stats. 2013, Ch. 639, Sec. 3.)

California § 8701.4.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 5.: DIVISION 5. FLOOD CONTROL
• Part 4.: PART 4. THE CENTRAL VALLEY FLOOD PROTECTION BOARD
• Ch. 3.: CHAPTER 3. Powers, Duties and Jurisdiction
• Art. 6.: ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments

Text

(a)
If the board or executive officer determines that any person or public agency has failed to correct a violation as outlined in a cease and desist order, the board shall hold an enforcement hearing to consider the issuance of an enforcement order.
(b)
The enforcement hearing shall comply with all of the following:
(1)
Notice of the hearing, issued pursuant to Section 8703, shall be provided at least 30 days before the hearing is scheduled to occur, unless it is determined that the public interest necessitates a shorter notice period.
(2)
Notice of the hearing shall
include a proposed enforcement order, including any proposed administrative penalties.
(3)
The hearing shall be held pursuant to the provisions of this part and regulations adopted by the board.
(4)
If the person or public agency subject to the cease and desist order fails to appear at the hearing, the right to a hearing will be deemed waived.
(c)
At the conclusion of the hearing, the board may approve, amend, or reject the proposed enforcement order and thereby take any and all of the following actions:
(1)
Order the removal, modification, or abatement of the encroachment, flood system improvement, or activity causing a violation of this part.
(2)
Order the restoration of the site.
(3)
Impose and require the payment of administrative penalties as set forth in Section 8704.
(4)
Order the recording of the enforcement order with the office of the county recorder of the county in which the property associated with the violation is located.
(5)
Initiate a civil action in the name of the state for mandamus, injunction, civil penalties, or other appropriate remedy authorized by law.
(6)
Order any other actions or conditions as the board may determine are necessary to resolve the violation and ensure compliance with this part.
(d)
The enforcement order shall state any necessary findings and shall be served immediately pursuant to Section 8703.
(e)
A person or public agency against which the board has issued an enforcement order may seek judicial review of the enforcement order pursuant to Section 8579. The enforcement order shall be deemed effective upon issuance.
(f)
If the board orders removal, modification, abatement, or restoration pursuant to this part, the board, its contractor, or its designee may conduct the work, the costs of which shall be collected from the responsible person or public agency by whatever legal remedy is available, including, but not limited to, the placement of a lien on the property owned by the person or public agency responsible for the violation pursuant to Section 8704.2. Removal, modification, abatement, or restoration actions shall not be taken by the board until after the time for judicial review has passed.
(g)
If the
board orders the enforcement order to be recorded with the office of the county recorder, the executive officer shall issue a certificate of abatement to the person or public agency against whose property the enforcement order was recorded when the enforcement action has been fully resolved, including the payment of any costs and penalties. The person or public agency may, at the owner’s expense, record the certificate with the office of the county recorder.
(h)
This section does not authorize the issuance of an enforcement order as to any lawful activity undertaken by a public agency pursuant to Section 8708.

Legislative History

Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.