1. (a) The board has the authority to require permits and enforce standards for the erection, maintenance, and operation of levees, channels, and other flood control works within its jurisdiction, including, but not limited to, standards for encroachments, construction, vegetation, and erosion control measures.

2. (b) In the event of a violation of the Water Code, the board's regulations adopted thereto, any permit issued by the board, or in the case of facilities of the State Plan of Flood Control, applicable federal law or regulations where the board has signed assurances with the U.S. Army Corps of Engineers that it will comply with such law or regulations, the board has the administrative authority to issue notices of violation, cease and desist orders, and enforcement orders that order, without limitation, the following:

   1. (1) Removal, modification or abatement of a violation, at the violator's cost;
   2. (2) Restoration;
   3. (3) Administrative penalties;
   4. (4) Permit revocation; or
   5. (5) Recordation of an enforcement order or a lien with the county recorder's office.
3. (c) The board also has the authority to commence a civil lawsuit to, without limitation, abate a nuisance, or seek mandamus, an injunction, costs, attorney's fees, and civil penalties.
4. (d) Copies of any notices of violation, cease and desist orders, or enforcement orders issued by the board shall be provided to the entity that maintains the flood control facility and the appropriate state and federal levee inspector. Failure to provide copies shall not be grounds for invalidating any notice or order issued by the board.

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8615, 8700, 8701, 8701.2, 8701.4, 8702, 8704, 8704.1, 8704.2, 8704.4, 8706.5, 8707, 8710 and 8719, Water Code.

History

1. New article 4 (sections 20 through 22) and section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.

2. Amendment of article heading, repealer of former article 4 (sections 20-22) and new article 4 (sections 20-27) and section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).

3. 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 A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-9-2014 order transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).