Section 27 - Emergency Action(a) Except as set forth in this Section, the summary abatement of emergencies is not subject to the enforcement procedures set forth in this Article.(b) In addition to the emergency authority in Section 17, the department, board, executive officer and local maintaining agencies may take emergency action to prevent an imminent failure of a levee, channel, floodway, stream bank, or flood control features, or other emergency action necessary to protect the public welfare.(c) If the exercise of this authority includes the removal, modification or abatement of an encroachment on a flood system improvement, facility, or activity maintained by a person or a public agency, the person or public agency may request a hearing before the board within 30 days after the removal, modification, or abatement has commenced.(d) The entity that carries out the emergency action may also request a hearing before the board within 30 days after the removal, modification, or abatement has commenced to seek the reimbursement of its abatement costs from the person or public agency maintaining the affected encroachment or activity.(e) If, upon holding a hearing, the board orders the payment of abatement costs to the entity that has carried out the emergency action, that entity may pursue any legal remedies available to it or the board may use its legal remedies to recover the costs of abatement, including imposition of a lien.(f) Any hearing pursuant to this section shall proceed in accordance with Section 25 of this Article.(g) Any entity removing or modifying property pursuant to this Section shall attempt to give any landowners or owners of the property subject to modification or removal prior notice when possible, and shall only take such actions as are reasonably necessary to abate the immediate threat to public health and safety.(h) Any actions taken pursuant to this Section shall be reported to the Executive Officer or the board at the first reasonably available opportunity.Cal. Code Regs. Tit. 23, § 27
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
2. Repealer and new section 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 A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive amendments, transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28). Note: Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8598, 8708 and 8715, Water Code.
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
2. Repealer and new section 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.
3. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive amendments, transmitted to OAL 5-29-2014 and filed 7/11/2014 (Register 2014, No. 28).