(A) As provided for by A.R.S. § 48-3613(D) this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse, or the flood control district in the case of any violation of this regulation, has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this regulation. If a person is found by the court to be in violation of this regulation, the court shall require the violator to either comply with this regulation, if authorized by the Board, or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation including reasonable costs and attorney fees.
(B) Every new structure, building, fill, excavation, or development located or maintained in a floodplain since August 8, 1973 in violation of A.R.S. Title 48, Chapter 21, Article 1 or this regulation and without written authorization is a public nuisance per se and may be abated, prevented or restrained by action of the state or any of its political subdivisions.
(C) It is unlawful for a person to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing written authorization of the Board of Directors, Board of Review or the Floodplain Administrator as required by this regulation. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing written authorization from the District. A person who violates A.R.S. § 48-3615(A) is guilty of a Class 2 Misdemeanor.
(Ord. 16-01, passed 2-23-2016)