A. It is unlawful for a person to engage in any development or to divert, retard, or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by ARS § 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by ARS § 48-3613.

B. When drainage improvements are associated with an approved development plan, subdivision plat or approved engineering report, and are constructed to provide flood protection to remove or reduce flood hazards, including those identified by FEMA or for stormwater quality control, and where those improvements are privately owned, then it shall be the responsibility of the property owner(s) to perform maintenance as necessary to ensure the integrity of said drainage improvements and maintenance of the flood carrying capacity to the designed discharge. For purposes of this chapter, a private drainage improvement is considered a structure. It is unlawful for any person or entity to neglect maintenance responsibilities on private drainage improvements.

C. Any person violating the provisions of this section shall be subject to appeal and variance procedures pursuant to Article 17-6, and penalties pursuant to Article 1-8, Penalties.

D. The Town may issue a written notice to correct to any person who has violated or is in violation of this section.

E. Failure to comply with actions described in and required by the notice to correct may result in a notice of violation and/or stop work order. The written notice shall state the nature of the violation, the corrective action required, the time frame for the corrective action, and penalties for continued noncompliance. ((O)21-06, 11/17/2021; (O)17-04, 04/05/2017; (O)05-35, 10/05/2005)