Fresno County Municipal Code Ch. 14.09 Mandatory Public Water Connection Regulations Within the Malaga County…

The board of supervisors of the county do hereby declare and find that the public health and welfare make it necessary to establish mandatory water connection regulations within the territory of the Malaga County water district where public water is available from the Malaga County water district facilities.

(Ord. 89-001, § 2)

A. "Building official" means the director of public works and development services department or an employee in his office designated by him as a building official.

B. "Premises" means all contiguous property under one ownership at the time of the last equalized assessment roll or thereafter becomes under one ownership at the time of application for a permit any part of which is developed to be used as an occupancy, business, public gathering or meeting place.

C. "Availability of public water" means a public water line which has been constructed and is available for use in any public street, alley, or right-of-way within one hundred feet of the first unit plus fifty feet for each additional unit, to be measured along such public street, alley, or right-of-way from the nearest point on the premises to the public water line. For the purpose of this chapter, the number of units computed shall include all units developed on contiguous property held under one ownership.

D. "Unit" means any dwelling unit, apartment unit, guest room, residential trailer coach, each one thousand square feet of gross floor area or fraction thereof of a commercial building or building for similar use, and ten thousand square feet of net land area or fraction thereof devoted to industrial, institutional or similar use.

(Ord. 89-001, § 2)

Except for where wells exist on the effective date of the ordinance codified in this chapter, every building or structure in which plumbing fixtures are to be initially installed and every premises having existing piping installed thereon which conveys water shall be connected to the public water, if it is available.

(Ord. 89-001, § 2)

A. No permit shall be issued for the installation or alteration of any private water well on any premises for which a connection with a public water is available.

B. No person shall connect any premises to any public water without a permit from the building official.

C. No public water connection permit shall be issued by the building official until all applicable fees have been paid.

(Ord. 89-001, § 2)

The building official shall grant an administrative exception to the requirements of a public water connection if he determines that any one of the following conditions exist:

A. Malaga County water district requires unreasonable conditions as condition precedent to connection to its public water. "Unreasonable condition" is defined to mean conditions imposed by the Malaga County water district and not required of other connectors in similar situation;

B. Physical conditions between the public water line and the premises make it impractical to connect to the public water line;

C. The unit density for dwelling units is one or less per two acres of the premises;

D. The density of fixture units as defined by the Uniform Plumbing Code for improvements for industrial, commercial, institutional or similarly used premises is less than one per six thousand square feet of premises.

The decision of the building official related to administrative exceptions may be appealed by the property owner or the Malaga County water district within thirty days to the board of review, who shall conduct a hearing thereon. The decision of the board of review shall be final.

(Ord. 89-001, § 2)

The penalty for violation of any provisions of this chapter shall be as prescribed in Section 1.12.010 of this code.

(Ord. 89-001, § 2)