CVMC 14.08.010 does not prohibit any person from performing emergency maintenance or work within, upon, over, under or through any watercourse, when such work is necessary and proper for the preservation of life or property and when an urgent necessity therefor has arisen; provided, that the person performing such emergency work applies for a written permit for such work within five calendar days after the commencement thereof, and complies with all the terms and conditions of the permit so issued. In any action at law or in equity between the City and the person doing the emergency work, the latter shall have the burden of proving that an emergency existed if such question be in issue. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.103).