SECTIONS 8630-8647 - California Statutes

WATER CODE

SECTION 8630-8647

8630. As used in this article the term "levee" means any levee
within the Sacramento and San Joaquin Drainage District.

8631. The board may promote the construction, completion,
maintenance and repair of levees along all rivers, streams, overflow
channels, basins and by-passes where, in the opinion of the board,
the levees are insufficient or necessary for the purpose of the plans
for flood control to be carried out by the board under this part.

8632. Whenever any levee is in the opinion of the board
insufficient or necessary for flood control, the board shall publish
notice to that effect.

8633. The published notice shall state that the levee is
insufficient or necessary, that it is the intention of the board to
construct, repair or complete the levee and pay the cost out of an
assessment levied or to be levied and assessed upon the lands within
the drainage district directly or indirectly benefited by the levee.

8634. The notice shall be signed in the name of the board by its
president and secretary and shall be published once a week for three
weeks in some newspaper published in the county wherein the levee or
the greater part of it is situated or is to be constructed.

8635. The giving of the notice by publication shall be complete on
the twenty-first day after the first publication.

8636. Any landowner, reclamation district, drainage district, levee
district, municipal corporation or other organization or association
authorized by law to construct, repair or complete a levee shall
have 30 days after completion of the giving of notice by publication
within which to apply to the board for leave to construct, repair or
complete the levee.

8637. The application shall be in writing and signed by the
applicants or their respective executors, administrators, guardians,
trustees or duly constituted and authorized officers.

8638. The application shall be filed in the office of the board.

8639. When an application is filed within the required 30 days, the
applicants shall have 60 days after filing the application, or any
further time that the board allows, within which to do the following:
(a) Present to the board plans and specifications.
(b) Obtain the board's approval of plans and specifications.
(c) Commence the work of repair, construction or completion.

8640. The application for leave to construct, repair or complete a
levee shall designate the name and post-office address of at least
one and not more than three of the applicants as the person or
persons to whom any notice or communication may be addressed by the
board in the matter of the application.

8641. In case there are two or more applications filed in the
office of the board within the required 30 days the board may
determine which of such applications shall be recognized and may
reject the others.

8642. Any levee constructed or work done by the applicants,
pursuant to notice from the board and according to plans and
specifications approved by the board, shall be considered as
constructed or done with the permission of the board within the
meaning of Article 1 of Chapter 8 of this part.

8643. If the application is not filed in the office of the board
within 30 days after completion of the giving of notice by
publication, or if the applicants fail to present to the board and
obtain its approval of the plans and specifications and to commence
the work within 60 days after filing the application or any further
time the board may allow, or fail to complete the work with
reasonable diligence, the board may proceed with the construction,
repair or completion of the work, and pay the cost by assessment upon
the lands within the drainage district directly or indirectly
benefited by the levee according to the benefits, as provided for in
this part.

8644. The assessment may be either an assessment specially levied
and assessed for that purpose, or any assessment levied and assessed
by the board and applicable to the payment of such work.

8645. Notwithstanding anything in this article the board may
determine a case of emergency exists requiring immediate action to
preserve life or property or to protect or preserve the safety of any
levee along any river, stream, overflow channel, basin or by-pass.

8646. The board may do the necesssary work immediately for the
protection or preservation of the levee, without giving the notice
provided for in this article.

8647. The board may pay the cost, including any damage that may
result from the performance of the work, by an assessment to be
levied and assessed as provided in this article or out of the funds
of any assessment available for that purpose under the provisions of
this part.