HomeMy WebLinkAbout2093Ordinance No. 2093
AN URGENCY ORDINANCE TO PRESERVE THE NATURAL
DRAINS AND SWALES WITHIN THE BOUNDARIES
OF _ SHE UPPER MUD CP.EEK AREA.. .
1
2.
3
4
5
6
7
8
9'
io
I1
12
~.3
1,4
I5
~.6
17
18
19
20
2I.
22
23
24
23
26
The Board of Supervisors of the County of Butte, State
of California, D0 ORDAIN as.folla~rs;
S~ectitin 1. Within the areas in the unincorporated area.
of Butte County known as Upper Mud Creek, potential .flooding
hazards will occur if the natural drains and swales are filled or
blocked. This:: area is;. experiencing very rapid growth, and there
is a strong need, based upon the public`s health and safety, that
existing natural drains and swales and their storm water carrying
capacities be preserved pending complete storm drainage systems
for the area: ,
Se'c'tion 2. It shall be unlawful to alter, block, fill,
divert or otherwise impair the existing natural drains and swales
within the area described herein.
The natural drains and swales referred to in this
ordinance shall be as delineated on these certain maps entitled
Master Storm Drainage Plan far the Upper Mud Creek Area prepared
by San Anderson, dated November, 1979, a copy of which is on file
with the County Clerk, the County Department of Public Works, the
County Planning Department and the County Health Department, and
referred to on said map as "drainage courses and channels."
Section.. 3. This ordinance. shall apply to that certain
real property as is located within the unincorporated area;.
described in,Exhibit "A", which is incorporated herein as if set
forth in fu11.
Section 4. Any violation of this ordinance is a
~~ misdemeanor punishable by a fine of not more than one hundred
1
2
3
4
5
6
7
8
9
10
11 ''
12
13
14
15
16
17
18
19
20
2I
22
23
24
25
26
dollars. {~100.Qp) or by imprisonment'.in the county jail for nat
..more than.th.ir.ty (.3.0} days, or by.both such fine and imprisonment.
Section S. If any section or part of this ordinance
shall be, for any reason, judicially determined to be invalid, suc
invalidity shall not affect the remaining portions hereof.
Section ~. This urgency ordinance sha11 take effect
immediately upon its passage, and before the expiration of fifteen
(1S} days after its passage shall be published once with the names
of the members of the Board of Supervisors voting for and against
the same in the Enterprise Record, a newspaper in general circula-
tion in the County of Butte, State of California.
The facts constituting the urgency on which this ordinanc
is based are: the rapid development of property within the area;
the storm water runoff during the winter months, and the recent
filling in of natural drains and swales. The health, welfare and
safety of the people of the County of Butte require that this
ordinance be adopted as an urgency ordinance.
PASSED AND ADOPTED by the Butte Caunty Board of Supervisa~'s
this 8th day of April, 1980, by the following vote:
AYES: Supervisors Dolan, Moseley, Wheeler, Winstan and
Chairman Lemke
NOES:- None
ABSENT: None
NOT VOTING: None
ROBERT E. LEMKE, Chairman of the
ATTEST: Board of Supervisors
CLARK A. IdELSOi~I, County Clerk/Recorder
and ex-offi 'o lerk of the Board
By