A. It is unlawful for any person or entity to engage in development which will divert, retard, or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without first securing written authorization from the district. 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 required by A.R.S. 48-3613.
B. It is unlawful for any person or entity to grade or disturb more than one-third acre of regulated hydroriparian and/or mesoriparian and/or xeroriparian habitat and/or important riparian habitat, which are subject to permits under provisions of this chapter without first securing the permit.
C. It is unlawful for any person or entity to neglect maintenance responsibilities on private drainage improvements as outlined in Chapter 16.38.
D. It is unlawful for any person to fail to obtain a permit required by this title or to fail to comply with all the terms and conditions of a permit issued pursuant to this title.
E. It is unlawful for any person to damage or interfere with a facility that is owned, operated or otherwise under the jurisdiction of the flood control district.
F. Any person or entity violating the provisions of this title or any terms and conditions of a permit issued pursuant to this title and A.R.S. 48-3615 shall be guilty of a Class 2 misdemeanor.
G. Any person or entity violating the provisions of this title or any terms and conditions of a permit issued pursuant to this title may be subject to a penalty in the amount not to exceed seven hundred fifty dollars for an individual, or ten thousand dollars for an enterprise. Each day of continued violation constitutes a separate violation.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part) 1999; Ord. 1988 FC-2 Art. 19, 1988)