Chino Hills Municipal Code Ch. 13.12 Regenerating Ion-Exchange Water Conditioners and Water Softening Equipment

For purposes of this chapter, the following words and phrases shall have the meaning set forth below:

"Water softener" or "water conditioner" means regenerating ion-exchange water conditioning or water softening equipment as defined in this chapter.

"Regenerating ion-exchange water conditioner or water softening equipment" means any ion-exchange water conditioning or softening equipment which is regenerated by the processor thereof at the place where such equipment is installed and operated. Such phrase shall also include any silicate or resinous ion-exchange softeners or de-mineralizers or similar devices for softening all or part of a water supply to a property which has a connection to the public sewer system or which is intended to drain into the storm drain or onto land. Such phrase shall not include any water conditioner or water softening equipment which is serviced by the replacement of a tank or cylinder by a water conditioning and/or softening service.

(Ord. 51 § 1 (part), 1993)

No person shall own, lease, install, replace, enlarge, or operate any regenerating ion-exchange water conditioning and/or softening equipment or similar devices for softening all or part of a water supply to a property which has a connection to the public sewer system, stormwater system, or which drains onto the land.

(Ord. 51 § 1 (part), 1993)

A. Except as set forth in subsection B below, water softeners or water conditioners existing prior to 1988 which were registered at that time with the San Bernardino County Waterworks District No. 8 as set forth on Exhibit "A," attached to the ordinance codified in this chapter and incorporated in this chapter by this reference, shall be exempt from the provisions of this chapter.

B. Water softeners or water conditioners exempted from the provisions of this chapter by subsection A above shall be amortized and disconnected by March 14, 1998 or shall otherwise be brought into compliance with the provisions of this chapter by such date. March 14, 1998 reflects a ten (10) year amortization period from the date the San Bernardino County Board of Supervisors adopted Ordinance 88-92 on behalf of Waterworks District No. 8 regulating such water softeners or water conditioners. This ten (10) year amortization period is found to be a reasonable amortization period in light of the investment in the equipment and the equipment's useful life.

(Ord. 51 § 1 (part), 1993)

Any person found to be violating any provisions of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction of any violation of this chapter. Such time limits shall be more than seven but not more than fifteen (15) days. Such person shall, within the period of time stated in such notice, permanently cease and correct all violations. Whenever a violation creates an emergency or hazard, a notice of violation may be oral, followed by written notice as soon as reasonably possible, and may require immediate correction. Each person shall be held strictly responsible under the provisions of this chapter or any other ordinance, rule, or regulation of the city for his, her or their own act and for any and all acts of his, her or their agents and employees as well. On being notified by the city of any violation of this chapter, the person having charge of the property, facility, or work causing the violation shall immediately cease and desist from such violation and shall cause the commencement of such measures and procedures as may be necessary to correct the violation(s) within the time specified by the city. If the violation or hazard is not ceased during the time specified, the city may cause the violation or hazard to be corrected and collect from the owner any costs for such correction in accordance with Chapter 8.12 of this code.

(Ord. 51 § 1 (part), 1993)

If a violation continues at the time of reinspection (fifteen (15) days after issuance of a written notice by the city), water service to the property with the violation may be disconnected. Water service shall not be reconnected until the violation is corrected and all fees, including disconnection and connection of water services and any costs for correction of the violation have been paid in full in accordance with Chapter 8.12 of this code.

(Ord. 51 § 1 (part), 1993)

It is unlawful and a misdemeanor subject to punishment by a fine of at least five hundred dollars ($500.00) but not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment for any person to violate any provision of this chapter or to fail to correct such violation within the time allowed by the city therefor. Any person violating any provision of this chapter shall be further subject to Section 1.36.010 et seq. of this code.

(Ord. 51 § 1 (part), 1993)

Upon the failure of any person to comply with the notice to correct a violation of this chapter, which is served by the city pursuant to Section 13.12.040 above, the City Attorney may petition the Superior Court on behalf of the city for the issuance of a preliminary or permanent injunction, or both, as appropriate, restraining such person from continuing such violation and ordering any corrective action of such violation.

(Ord. 51 § 1 (part), 1993)

Any violation of this chapter is deemed and declared to be a public nuisance and subject to abatement and cost recovery by the city in accordance with the provisions of Chapter 8.12 of this code and applicable state law.

(Ord. 51 § 1 (part), 1993)