Section 26 - Maintenance Activities(a) In the performance of maintenance activities as defined in section 4(v), the department, local maintaining agency, or designated representatives of the board may remove unpermitted abandoned property that interferes with maintenance or inspections after notification by the Executive Officer as described in subsection (b).(b) Prior to any removal allowed under (a), the Executive Officer shall notify the landowner or owner of the unpermitted abandoned property by one of the following methods: in person, phone, e-mail, or U.S. mail. If the landowner or owner of the abandoned property cannot be located after reasonable efforts, a notice may be posted on the property for a minimum of five (5) calendar days prior to removal. The posted notice shall be clearly visible, shall provide a board contact name, phone number, e-mail address, and mailing address, and shall state that the owner may contact the board to object to such removal. The notice shall also state the date on or after which removal will occur if no objection is made.(c) If a timely objection is made, no removal shall take place until the Executive Officer has provided the objector a reasonable opportunity to present reasons why the items should not be removed. The Executive Officer shall provide a written decision, which may be reviewed by the board pursuant to section 110.(d) For purposes of this section, "abandoned property" shall mean any structure, material, or object that appears to a reasonable person to have been discarded, cast aside, dumped, neglected, unusable, dilapidated, or permanently vacated. Examples of abandoned property may include, but are not limited to, the following: refuse, vegetation, pipelines, or structures such as stairs, fences, or boat docks that have fallen into a state of disrepair.(e) Nothing in this section is intended to remove any authority already vested in the department or any local maintaining entity in the performance of maintenance activities.Cal. Code Regs. Tit. 23, § 26
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
2. Renumbering of former section 26 to section 28 and renumbering of former section 21 to section 26, including amendment of section and NOTE, 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 A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28). Note: Authority cited: Section 8571, Water Code. Reference: Sections 8361, 8370, 8534, 8598, 8615, 8700 and 8704.4, 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. Renumbering of former section 26 to section 28 and renumbering of former section 21 to section 26, including amendment of section and Note, 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 transmitted to OAL 5-29-2014 and filed 7/11/2014 (Register 2014, No. 28).