Central Valley Flood Protection Board

Outline of Board Enforcement Proceeding Process

Ward Tabor, DWR Assistant Chief CounselRobin Brewer, DWR Senior Staff Counsel

CVFPB Enforcement Proceedings

• Enforcement Proceedings are initiated by the Executive Officer mailing a notice to the landowner or person (Respondent) owning or controlling the work (encroachment) that is:

CVFPB Enforcement Proceedings

• Contents of Notice:

CVFPB Enforcement Proceedings

• Contents of Notice (cont.)- A statement that:

CVFPB Enforcement Proceedings

Other Preliminary Procedural Issues:

• Other interested parties may become party to an enforcement proceeding (e.g., the local maintaining agency, adjacent landowners, etc.)

• If there is work (encroachments) that have not been approved by the Board, the Executive Officer can order compliance with the Board’s regulations, including an order to stop work.

CVFPB Enforcement Proceedings

Enforcement Hearing

• After the Respondent responds to the Notice (or fails to respond), the Board will provide a minimum of ten days notice of its intent to conduct a hearing.

• The hearing may be before the Executive Officer, Chief Engineer or one or more Board members, as designated by the President.

NOTE: The specific order of events of a hearing are not defined by the regulations.

CVFBP Enforcement Proceedings

The Hearing Officer, as designated by the President, shall prepare the record,which at a minimum will include:

Enforcement Hearing Record

CVFPB Enforcement Proceedings

• Board Decision- After reviewing the proposed decision, the Board may order what action(s) shall be taken by the Respondent, at the Respondent’s cost and the timeframe in within which such action(s) must be taken.

CVFPB Enforcement Proceedings

• Board Decision- Board may order:

+ Removal or alteration of the work;+ Performance of additional work;+ Performance of mitigation (e.g., site restoration);+ Compliance with additional conditions;+ Applying for a permit; and/or+ Revocation or modification of a permit.

CVFPB Enforcement Proceedings

• Board Decision-

The Board may also give notice to the Respondent that if there is not timely

compliance with the order, the Board may take actions to abate violations or threats to the

adopted plan of flood control, such as physical removal and recovery of costs from Respondent.

CVFPB Enforcement Proceedings

Timeline of Events

CVFPB Enforcement Proceedings

Timeline of Events

CVFPB Enforcement Proceedings

Timeline of Events