Calaveras County Municipal Code Art. XVIII Violations

A. Any act in violation of the standards set forth in this chapter shall constitute a public nuisance and shall be punishable as a misdemeanor. Violations of this chapter are subject to abatement under provision of the Civil Code and any county ordinance enacted pursuant to Section 25845 of the Government Code. Each and every day a violation exists, constitutes a separate violation.

B. If work being performed on a well is found to be in violation of this chapter, the director may issue a stop work order. The stop work order shall be posted at the well site and a copy shall be mailed to the property owner and the well contractor. No further work shall be done on the well until such time as the stop work order is rescinded by the director. No person shall remove, obliterate, or otherwise, deface a stop work order.

C. Any stop work order issued by the director shall include notification that the affected person may request a hearing to consider rescinding the stop work order. The request for a hearing must be submitted to the director in writing within fifteen calendar days of issuance of the stop work order. Failure on the part of the affected party to request a hearing during the time period specified shall be deemed to be a waiver of the right to a hearing. A hearing before the director shall be held within fifteen calendar days of receipt of the request for a hearing. Following conclusion of the hearing, the director shall issue a notice of decision within five calendar days. The notice of decision may rescind, extend, modify or uphold the stop work order indefinitely, or impose new conditions on any work that is to be completed.

D. If a stop work order is issued and if the well permit is no longer valid, any subsequent issuance of a well permit must include a notice rescinding the previously issued stop work order before work may be resumed.

E. If the stop work order is extended or continued indefinitely, the director may rescind the stop work order if it is determined that the conditions leading to the issuance of the stop work order no longer exist.

(Ord. No. 2946, § 1, 5-6-2008).