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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 A.R.S. § 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 A.R.S. § 48-3613.

B. A person who violates subsection (A) of this section is guilty of a class 2 misdemeanor.

C. A person who violates this chapter may be assessed a civil penalty not to exceed the fine chargeable for a class 2 misdemeanor or, by agreement with the person in violation, a nonmonetary penalty that serves the purposes of the community. Each day the violation continues constitutes a separate violation.

D. A person who without written authorization damages or interferes with a facility that is owned, operated, or otherwise under the jurisdiction of the community is liable for both of the following:

1. Any actual damages to persons or property that is caused by the damage or interference.

2. Payment of costs to the community for remediating the damage or interference. [Ord. 23-29 § 2 (3.8).]