as amended, Steinberg. Central Valley Flood Protection
begin delete Board: encroachments.end delete
Existing law provides for the Central Valley Flood Protection Board with the authority to construct and maintain various flood control works. Existing law authorizes the board, and the executive officer if delegated that authority, to issue an order directing a person or public agency to cease and desist from undertaking, or threatening to undertake, an activity that may encroach on levees, channels, or other flood control works under the jurisdiction of the board. Existing law requires the cease and desist order to be issued only if the person or public agency has failed to respond in a satisfactory manner to a prescribed notice provided as specified.end delete
This bill would authorize notice to be provided by posting a written notice on the structure or facility that would be the subject of the order.end delete
Existing law provides that a cease and desist order is effective upon its issuance and that copies are required to be served immediately by certified mail upon the person or agency subject to the order.end delete
This bill would authorize service of the cease and desist order by posting the order on the structure or facility that is the subject of the order.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The board may hold a hearing or partial hearing before
14a committee of one or more members of the board,
16 or before the
begin delete general managerend delete or chief engineer
17of the board, at any place within the
begin delete Stateend delete.
Section 8709.5 of the Water Code is amended to
(a) Notwithstanding Section 8709 or 8709.4, if the
21board, or the executive officer if delegated authority by the board,
22determines that any person or public agency has undertaken, or is
23threatening to undertake, any activity that may encroach on levees,
24channels, or other flood control works under the jurisdiction of
25the board, the board or executive officer may issue an order
26directing that person or public agency to cease and desist. The
27order may also be issued to enforce any requirement of a permit
28or any requirement under this part that is subject to the jurisdiction
29of the board.
30(b) (1) The cease and desist order shall be issued only if the
31person or public agency has failed to respond in a satisfactory
32manner to any of the following:
33(A) An oral notice given in person or by telephone, followed
34by a written confirmation.
35(B) A written notice given by certified mail or hand delivered
36to the landowner or the person performing the activity.
37(C) A written notice posted on the structure or facility that
38would be the subject of the order.
39(2) The notice shall include the following:
P15 1(A) A description of the activity that meets the criteria of
2subdivision (a) of Section 8709.4 or a statement that the described
3activity constitutes an encroachment that is in violation of this
4article because it is not authorized by a valid permit.
5(B) A statement that the described activity shall immediately
6cease or the alleged violator may receive a cease and desist order,
7the violation of which may subject the violator to fines or penalties.
8(C) The name, address, and telephone number of the staff
9member who is to be contacted for further information.
10(c) The cease and desist order may be subject to terms and
11conditions as the board or the executive officer may determine are
12necessary to avoid an unreasonable impact on public safety.
13(d) The cease and desist order shall be effective upon its
14issuance, and copies shall be served immediately by certified mail
15upon the person or agency subject to the order or by posting the
16order on the structure or facility that is the subject of the order.