Chapter 50 — WATER

Fees shall be charged for the installation of water meters within the city as set forth in the Master Fee Schedule and amended from time to time.

(Prior Code, § 7600) (Ord. 91-9, passed 12-16-1991; Ord. 03-02, passed 5-5-2003)

WATER WELLS

(A) It is the purpose of this subchapter to protect the health, safety, and general welfare of the people of the state by ensuring that the groundwaters of the state will not be polluted or contaminated.

(B) To this end, minimum requirements are contained in this subchapter for construction, reconstruction, repair, and destruction of water wells, cathodic protection wells, and monitoring wells.

(Prior Code, § 5501) (Ord. 89-16, passed 1-2-1990)

Editor’s note:

Cal. Water Code § 13801(b) refers to well construction, maintenance, and abandonment

standards. Since the Department of Water Resources’ “Water Well Standards” defines an

abandoned well in terms of an undesirable condition, best remedied by destruction of the well, this usage is followed in these regulations.

Except as otherwise required by the context of this subchapter, the terms used in this subchapter shall have the same meaning as in Cal. Water Code Chapter 10 of Division 7, and the Department of Water Resources Bulletin 74-81, and subsequent supplements or revisions.

COUNCIL. The governing body of the City of Grover Beach, in the State of California.

ENFORCEMENT AGENCY. The department designated by the Council to administer and enforce this subchapter. PERSON. Any person, firm, corporation, or governmental agency, to the extent authorized by law.

WELL or WATER WELL.

(1) Any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground.

(2) It shall not mean or include potholes, drainage trenches or canals, wastewater ponds, shallow root zone piezometers, stock ponds, or similar excavations.

(Prior Code, § 5502) (Ord. 89-16, passed 1-2-1990)

(A) (1) When required. No person shall dig, bore, drill, deepen, modify, repair, or destroy a water well, cathodic protection well, observation well, monitoring well, or any other excavation that may intersect groundwater without first applying for and receiving a permit as provided in this subchapter unless exempted by law.

(2) Penalty for failure to obtain permit. Any person who shall commence any work for which a permit is required by this subchapter without having obtained a permit shall be required, if subsequently granted a permit for this work, to pay double the standard permit fee.

(3) Emergency work. The above provisions shall not apply to emergency work required on short notice to maintain drinking water or agricultural supply systems. In such cases, the person responsible for the emergency work shall:

(a) Satisfy the enforcement agency that such work was urgently necessary; and

(b) Demonstrate that all work performed was in conformance with the technical standards as designated in § 50.018.

(Prior Code, § 5503)

(B) (1) Application procedure. Applications for permits shall be made to the enforcement agency on forms approved by the agency and shall contain all such information the enforcement agency requires to accomplish the purposes of the subchapter. The application shall be accompanied by the required filing fee. If the enforcement agency finds the application contains all necessary information, it shall issue to the applicant a comprehensive permit containing such conditions as are necessary to fulfill the purposes of the subchapter.

(2) Filing fees. Filing fees may be set by the Council from time to time by resolution.

(Prior Code, § 5504)

(C) (1) Limitations. When the enforcement agency issues a permit pursuant to this subchapter, it may condition the permit in any manner necessary to carry out the purposes of this subchapter. Conditions may include, but are not limited to, such quantity and quality testing methods as the enforcement agency finds necessary.

(2) Performance bond. The enforcement agency may require a performance bond or other approved security as a condition to the permit.

(3) Persons permitted to work on wells. All construction, reconstruction, or destruction work on wells shall be performed by a person who possesses an active C-57 contractor’s license in accordance with the provisions of Cal. Business and Professions Code §§ 7000 et seq. the and Cal. Water Code § 13750.5.

(4) Proper disposal of drilling fluids. The permit shall contain a clause requiring the safe and appropriate handling and disposal of drilling fluids and other drilling materials used in connection with the permitted work.

(5) Abandoned wells. As a condition of a construction or reconstruction permit, any abandoned wells on the property shall be destroyed in accordance with standards provided in this subchapter.

(6) Posting of permit. It shall be the responsibility of the permittee to maintain a copy of this permit on the drilling site during all stages of construction or destruction. (Prior Code, § 5505)

(D) (1) Denial. The enforcement agency shall deny an application for a permit if, in its judgment, issuance of a permit is not in the public interest.

(2) Expiration. The permittee shall complete the work authorized by the permit within the time and before the date set out in the permit. If there have been exceptional circumstances, the enforcement agency may grant the applicant an extension. Upon the expiration of the permit, no further work shall be done unless and until the applicant has received an extension or a new permit.

• (3) Suspension and revocation.

• (a) Circumstances for such action.

1. The enforcement agency may suspend or revoke any permit issued pursuant to this subchapter, whenever it finds that the permittee has violated any of the provisions of this subchapter, or has misrepresented any material fact in his or her application, or any supporting documents for such a permit.

2. Prior to ordering any such suspension or revocation, the enforcement agency shall give the permittee an opportunity for a hearing thereon, after reasonable notice. The hearing shall be before the enforcement agency head, or his or her designated representative. An appeal may be made as set forth below.

(b) Consequences. No person whose permit has been suspended or revoked shall continue to perform the work for which the permit was granted until, in the case of suspension, such permit has been reinstated by the enforcement agency.

(c) Order additional work. Upon suspending or revoking any permit, the enforcement agency may order the permittee to perform any work reasonably necessary to protect the underground waters from pollution or contamination, if any work already done by the permittee has left a well in such condition as to constitute a hazard to the quality of the underground waters. No permittee or person who has held any permit issued pursuant to this subchapter shall fail to comply with any such order.

(Prior Code, § 5506)

(Ord. 89-16, passed 1-2-1990)

Except as otherwise specified, the standards for the construction, repair, reconstruction, or destruction of wells shall be as set forth in:

(A) Department of Water Resources Bulletin 74-81. The California Department of Water Resources Bulletin 74-81 “Water Well Standards, State of California” except as modified by subsequent revisions; and

(B) All subsequent supplements and revisions. All subsequent Bulletin 74-81 supplements or revisions issued by the Department of Water Resources, once the revised standards have been reviewed at appropriate public hearing. (Prior Code, § 5507) (Ord. 89-16, passed 1-2-1990)

The enforcement agency shall have the power under the following specified conditions to grant a variance from any provision of the standards referenced above and to prescribe alternative requirements in their place.

(A) Special circumstances. There must be, in a specific case, a special circumstance where practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any standard.

(B) Intent of subchapter not compromised. The granting of such a variance is consistent with the purposes of this subchapter.

(Prior Code, § 5508) (Ord. 89-16, passed 1-2-1990)

The enforcement agency may designate areas where groundwater quality problems are known to exist and where a well will penetrate more than one aquifer. The enforcement agency may require in these designated areas special well seal(s) to prevent mixing of water from several aquifers. Where an applicant proposes well construction,

reconstruction, or destruction work in such an area, the enforcement agency may require the applicant to provide a report prepared by a registered geologist or registered civil engineer (Cal. Business and Professions Code §§ 7850 and 6762 respectively) that identifies all strata containing poor quality water and recommends the location and specifications of the seal or seals needed to prevent the entrance of poor-quality water or its migration into other aquifers.

(Prior Code, § 5509) (Ord. 89-16, passed 1-2-1990)

(A) Inspections. The enforcement agency shall make an inspection of the annular seal construction work. It may make an initial inspection of each proposed drilling site, an inspection at the completion of the work, and inspections at such other times as it deems appropriate.

(1) Initial inspection. Upon receipt of an application, the enforcement agency may make an inspection of the drilling site prior to the issuance of a well permit. The purpose of this inspection is to determine whether there are any site conditions such that the enforcement agency shall do the following:

(a) Relocation of drilling site. Require relocation of the drilling site should the location shown on the permit application be too close to potential sources of pollution; and

(b) Additional conditions. Set additional conditions if needed to remediate any previously unknown groundwater quality protection problems.

(2) Inspection of well seal. The enforcement agency shall inspect the annular space grout depth prior to the sealing.

(a) Required notice. The enforcement agency shall be notified by the well driller a minimum of 24 hours prior to sealing the annular space. Drillers who anticipate completing a well in less than one day shall notify the enforcement agency 24 hours prior to commencement of drilling and provide the anticipated time to commence the sealing of the annular space.

(b) Should enforcement agency fail to be present. If the enforcement agency wishes to allow a seal to be tremied or placed without inspection, the driller shall seal the well in accordance with the standards of this subchapter and any permit conditions. No seal shall be tremied or placed until permission to proceed is given.

(3) Final inspection. If requested by the enforcement agency, the driller shall notify the enforcement agency within seven days of the completion of their work at each drilling site. The enforcement agency may make a final inspection after completion of the work to determine whether the well was completed in accordance with this subchapter.

(4) Waiver of inspections. The enforcement agency may waive inspections should any of the following conditions exist.

(a) Well inspected by other agencies. Inspections may be waived where the work will be inspected by the staff of the State Regional Water Quality Control Board or the State Department of Health Services if these designated agencies will inspect and report to the enforcement agency on all drilling features required by the standards.

(b) Monitoring wells under specified conditions. Inspections may be waived for monitoring wells that will penetrate only aquifers containing degraded waters or will penetrate only formations that normally contain no water.

(c) Drilling sites known to have no threats to groundwater quality. Initial inspections may be waived when the drilling site is well known to the enforcement agency staff and it is known that no significant threats to groundwater quality exist in the area.

(Prior Code, § 5510)

(B) Right of entry and inspection. Representatives of the enforcement agency shall have the right to enter upon any premises at all reasonable times to make inspections and tests for the purpose of such enforcement and administration. If any such premises are occupied, he or she shall first present proper credentials and demand entry. If the same is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of same and demand entry. If such entry is refused, he or she shall have recourse to such remedies as are provided by law to secure entry.

(Prior Code, § 5513)

(Ord. 89-16, passed 1-2-1990)

The driller shall provide the enforcement agency a completion report within 30 days of the completion of any well construction, reconstruction, or destruction job.

(A) Submittal of state “Report of Completion.” A copy of the “Report of Completion” (“Water Well Driller’s Report,” Department of Water Resources Form 188) required by Cal. Water Code § 13751 shall be submitted by the permittee to the enforcement agency within 30 days of construction, alteration, or destruction of any well. This report shall document that the work was completed in accordance with the standards and all additional permit conditions. This section shall not be deemed to release any person from the requirement to file said report with the State Department of Water Resources.

(B) Confidentiality of report. In accordance with Cal. Water Code § 13752, reports shall be made available to:

• (1) Governmental agencies; and

(2) The public, upon request, in accordance with Water Code § 13752(b), as may be amended from time to time.

(C) Other agency’s requirements. Nothing in this subchapter shall be deemed to excuse any person from compliance with the provisions of Cal. Water Code §§ 13750.5 through 13755 relating to notices and reports of completion or any other federal, state, or local reporting regulations.

(Prior Code, § 5511) (Ord. 89-16, passed 1-2-1990)

(A) Right of hearing. Any person whose application for a permit has been denied, or granted conditionally, or whose permit has been suspended or revoked, or whose variance request has been denied, may appeal to the Council, in writing, within ten days after any such denial, conditional granting, suspension, or revocation. Such appeal shall specify the grounds upon which it is taken, and shall be accompanied by a filing fee as set forth herein. The City Clerk shall set such appeal for hearing at the earliest practicable time, and shall notify the appellant and the enforcement agency, in writing, of the time so set at least five days prior to the hearing.

(B) Council action. After such hearing, the Council may reverse, wholly or partly, or may modify the order or determination appealed from.

(Prior Code, § 5512) (Ord. 89-16, passed 1-2-1990)

All persons owning an abandoned well as defined in the well standards shall destroy it before December 31, 1991, except those excluded by Cal. Health and Safety Code §§ 115700 et seq.

(Prior Code, § 5514) (Ord. 89-16, passed 1-2-1990)

• (A) Civil enforcement, notice of violation.

• (1) Notice of violation recordation.

(a) Whenever the enforcement agency determines that a well has violated any of the following provisions, that the enforcement agency may record a notice of violation with the office of the County Recorder that:

1. The well has not been completed in accordance with a well permit or the plans and specification relating thereto;

2. The well has been constructed without the required permit; or

3. An abandoned well has not been destroyed in accordance with the standards.

(b) The owner(s) of the property, as revealed by the assessment roll, on which the violation is situated and any other person responsible for the violation shall be notified of the recordation if their address is available.

(c) If the property owner(s), or authorized agent, disagree with the determination, he or she may submit evidence to the enforcement agency indicating that there is no violation, and then shall have a right to appeal an adverse decision of the enforcement agency to the Council in accordance with the provisions of division (A)(2) below.

• (2) Appeal, Council action.

• (a) Date of hearing. Upon receipt of the notice of appeal, the Council shall, within 15 days following the filing of the appeal, set a date for public hearing thereon.

(b) Evidence. The evidence before the Council shall consist of the records in the enforcement agency’s files and any other relevant evidence which, in the judgment of the Council, should be considered to effectuate and implement the policies of this subchapter.

(c) Council decision. The Council may reverse or affirm, wholly or in part, or modify the decision or the notice of violation and may make such order as should be made. Such action shall be final.

• (B) Civil enforcement, nuisance.

(1) Violations of this subchapter may also be redressed in the manner hereinafter set forth by civil action. In addition to being subject to prosecution, any person who violates any of the provisions of this subchapter may be made the subject of a civil action.

• (2) Appropriate civil action includes, but is not limited to, injunctive relief and cost recovery.

(C) Remedies cumulative. The remedies available to the Council to enforce this subchapter are in addition to any

other remedies available under regulation or statute, and do not replace or supplant any other remedy but are cumulative thereto.

(Prior Code, § 5515) (Ord. 89-16, passed 1-2-1990)

Pursuant to Cal. Water Code § 13225(c), the enforcement agency shall submit a report, not less than annually, to the State Regional Water Quality Control Board(s) having jurisdiction in their area. This report shall contain the following data, unless the Regional Board determines a lesser amount of information is necessary:

• (A) Wells constructed or destroyed. The number of wells constructed or destroyed;

• (B) Abatement actions. A description of all well destructions undertaken by the enforcement agency using its regulatory authority under nuisance abatement powers;

• (C) Variances granted. A description of each specific case where variances were granted and the circumstances that made a variance necessary; and

(D) Inspection waivers granted. A description of each specific case where an inspection was waived and the circumstances that made the waiver necessary.

(Prior Code, § 5516) (Ord. 89-16, passed 1-2-1990)

CROSS-CONNECTIONS CONTROL AND INSPECTIONS

• (A) The purpose of this subchapter is:

(1) To protect the public water supply against actual or potential cross-connections by isolating within the premises contamination or pollution that may occur because of some undiscovered or unauthorized cross-connection on the premises;

(2) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;

• (3) To eliminate cross-connections between drinking water systems and other sources of water or process water used for any purpose whatsoever which jeopardizes the safety of the drinking water supply;

• (4) To prevent the making of cross-connections in the future;

• (5) To encourage the exclusive use of public sources of water supply; and

• (6) To protect the drinking water supply within the premises where plumbing defects or cross-connections may endanger the drinking water supply available on the premises.

(B) It is the intent of this subchapter to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard.

(Ord. 26-01, passed 2-23-2026)

(A) For the purpose of this subchapter, the following words and phrases are defined, and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning.

AIRGAP SEPARATION. A physical break between a supply pipe and a receiving vessel. The airgap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch.

APPROVED CHECK VALVE. A check valve meeting the specifications and approval of a recognized, approved testing agency for backflow prevention assemblies.

APPROVED DOUBLE CHECK VALVE ASSEMBLY. An assembly of at least two independently acting approved check valves, including tightly closing shut-off valves on each side of the check valve assembly and suitable leak detector drains, plus connections available for testing the water tightness of each valve. The entire assembly shall be made in the factory of the manufacturer and shall meet the specifications and approval of a recognized, approved testing agency for backflow prevention assemblies. To be approved, these assemblies must be readily accessible for maintenance testing.

APPROVED REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE. A device approved

by a recognized and approved testing agency for backflow prevention assemblies. The entire assembly shall be made in the factory of the manufacturer and shall incorporate two or more check valves and an automatically operating differential relief valve located between the two checks, two shut-off valves, and equipped with necessary appurtenances for testing. The assembly shall operate to maintain the pressure in the zone between the two check valves less than the pressure on the public supply side of the assembly. At cessation of normal flow, the pressure between check valves shall be less than the supplied pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an airgap in the assembly. To be approved, these assemblies must be readily accessible for maintenance and testing and installed in a location where no part of the valve will be submerged.

APPROVED WATER SUPPLY. Any water supply approved by or under the supervision of a public health agency of the State of California, the County of San Luis Obispo, or the City of Grover Beach.

AUXILIARY WATER SUPPLY. Any water supply on or available to the premises other than the approved public potable water supply. These auxiliary waters may include, but are not limited to, water from another purveyor's public potable water supply or any natural source, such as a well, spring, river, stream, harbor, etc., or “used water” or “industrial fluids.”

CONSUMER. The owner of a premises having a service from a potable water system.

CONTAMINATION. An impairment of the quality of the water to a degree which creates an actual hazard to public health through poisoning or through the spread of disease.

CROSS-CONNECTION or CROSS-CONNECTED. As used in these regulations, means any real or potential connection between any part of a public water system or other water system supplying potable water to members of the public and any auxiliary water supply, or any source or system containing water or any substance that is not or cannot be approved as safe, wholesome, and potable for human consumption.

COUNTY. The Environmental Health Services Division of the Public Health Department of the County of San Luis Obispo.

DEPARTMENT. The Public Works Department of the City of Grover Beach.

HEALTH HAZARD. An actual or potential threat of contamination of a physical or toxic nature to the public potable water system to such a degree of intensity that there would be a danger to health.

INDUSTRIAL FLUIDS. Any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration, such as would constitute a health, system, pollution, or plumbing hazard if introduced into the water supply. This may include, but is not limited to, polluted or contaminated used waters; all types of processed waters and "used waters" originating from the public potable water system, which may deteriorate in sanitary quality; chemicals in fluid form; acids and alkalis; circulating cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils; gases; glycerin; paraffines; caustic and acid solutions; and other liquid and gaseous fluids used in industrial or other processes or for fire-fighting purpose.

PLUMBING HAZARD. A plumbing type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, airgap separation, or other assembly or device. The term "plumbing hazard" includes, but is not limited to, cross-connections to toilets, sinks, lavatories, wash trays, domestic washing machines, and lawn sprinkling systems.

POLLUTION. An impairment of the quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely affect such waters for domestic use.

POLLUTION HAZARD. An actual or potential threat to the physical properties of the public water system or the potability of the public water supply, but which would not constitute a health or system hazard, as defined.

PURVEYOR. Any person, corporation, public utility, municipality, district, or other agency or institution furnishing or supplying water for domestic purposes.

SERVICE CONNECTION. The terminal end of a service connection from the public potable water system, i.e., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the consumer's water system. If a meter is installed, then the service connection shall mean the downstream end of the meter. There should be no unprotected take-offs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the consumer's water system.

SYSTEM HAZARD. An actual or potential threat of severe damage to the physical properties of the public potable water system.

WATER SUPERVISOR. The consumer, or a person on the premises appointed by the consumer who is charged by the consumer with the responsibility to the consumer of maintaining the consumer's water system free from crossconnections and other sanitary defects, as required by regulations and laws. A certified backflow prevention assembly tester may not act as a water supervisor unless he is a full-time employee of the consumer and has the day-to-day responsibility for the installation and use of pipelines and equipment on the premises and for the avoidance of crossconnections.

(B) Words and phrases not defined in this code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law. (Ord. 26-01, passed 2-23-2026)

Consumers shall be responsible for the installation and use of pipelines and equipment for the avoidance of crossconnections, compliance with the provisions of this chapter, and for reporting to the department any changes in water usage. In the event of any cross-connection existing or occurring on or within the premises, the department shall be immediately notified by the consumer so that appropriate corrective measures may be taken.

(Ord. 26-01, passed 2-23-2026)

(A) The department will conduct an initial hazard assessment of the user premises within its service area to identify actual or potential cross-connection hazards, degree of hazard, and any backflow protection needed.

(B) The county will determine the necessity of backflow prevention devices at each service connection from the public water system for supplying water to premises having an auxiliary water supply for protection against backflow of water from the premises into the public water system.

(C) Each service connection from the public water system for supplying water to premises on which any substance is or may be handled in such a fashion as to permit entry into the water system shall be evaluated to protect against backflow of the substance from the premises into the public system. This shall include the handling of processed waters and waters originating from the public water supply system which have been subject to deterioration in sanitary quality.

(D) Backflow prevention assemblies shall be installed on the service connection to any premises that have crossconnections and the county determines necessary. After the county's initial testing, it shall be the responsibility of the consumer to provide, test, and maintain protective assemblies as required. (Ord. 26-01, passed 2-23-2026)

The protective assembly required shall depend on the degree of hazard. In determining the degree of hazard and the type of backflow prevention to be required, the following criteria shall be used:

(A) An airgap separation shall be used where there is a health hazard. The airgap shall be located as close as practicable to the meter and all piping between the meter and the receiving tank shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention assembly, providing the alternative is acceptable to the department.

(B) An airgap separation or a reduced pressure principle backflow prevention assembly shall be used where there is a system hazard or a plumbing hazard or any combination of the above. If an airgap separation is used, the airgap shall be located as close as practicable to the meter and all piping between the meter and receiving tank shall be entirely visible. Where there is no meter, the protective assembly shall be located on the service connection pipeline at a point on the consumer's property nearest the public water supply pipeline.

(C) In all other cases of cross-connection, there shall be required a double-check valve assembly.

(D) Notwithstanding any other provisions of this section, at the service connection to any sewage treatment plant, sewage pumping station, or storm water pumping station, the public water supply shall be protected by an airgap separation. The airgap shall be located as close as practicable to the meter and all piping between the meter and

receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention assembly, providing this alternative is acceptable to the department. Final decision in this matter shall rest with the State Department of Public Health.

(E) Notwithstanding any other provisions of th is section, on any premises where the Environmental Health Services Division determines that a special hazard exists, the public water supply shall be protected by such approved backflow prevention assembly as designated by the Environmental Health Services Division.

(Ord. 26-01, passed 2-23-2026)

It shall be the duty of the consumer on any premises on which backflow protective assemblies are installed to have competent inspections made upon installation, and at least once a year thereafter, or more often in those instances where successive inspections indicate defective operation. These assemblies shall be repaired, overhauled, or replaced at the expense of the water user whenever they are found to be defective. Records of such tests, repairs, and overhaul shall be kept and submitted to the department.

(Ord. 26-01, passed 2-23-2026)

(A) No person shall be qualified to inspect and maintain backflow prevention assemblies unless his/her qualifications have been established to the satisfaction of the County of San Luis Obispo Environmental Health Services Division, as set forth in this section. To determine the qualifications of any person to inspect and maintain backflow prevention assemblies, the department shall require documentation of a current American Water Works or American Backflow Prevention Association certificate or other approved certifying agency certificate be submitted. Such certification shall be submitted to the department along with a current report of calibration of their test gauge equipment. The department shall make available to consumers, a list of persons qualified to inspect and maintain backflow prevention assemblies. Qualified testers shall be issued a County of San Luis Obispo tester identification (I.D.) card, and such identification shall be kept in the immediate possession of every qualified tester while said qualified tester is inspecting or maintaining any backflow prevention assembly in the County of San Luis Obispo. (B) Every person desiring to qualify to inspect or maintain backflow prevention assemblies shall make application to the county.

(C) Every person holding a County of San Luis Obispo tester I.D. card issued by the county pursuant to the provisions of this subchapter shall be required to renew their I.D. card every three years. The requirements for reexamination may be waived at the discretion of the county.

(D) Every person receiving a County of San Luis Obispo tester I.D. card pursuant to the provisions of this subchapter shall be responsible for the competency and accuracy of all inspections and maintenance performed by him or her on any backflow prevention assembly.

(E) Any person issued a County of San Luis Obispo tester I.D. card who violates or fails to comply with any of the provisions of this subchapter or willingly falsifies inspection or maintenance reports submitted to the department shall, in addition to the penalties prescribed in Chapter 37 of the Grover Beach Municipal Code, have the tester I.D. card immediately revoked, and shall not be considered for recertification for a period of two years. (Ord. 26-01, passed 2-23-2026)

When it becomes necessary, because of low pressure or special operating conditions, to install a booster pump on the service of any premises, such pump shall be equipped with a low-pressure cutoff switch designed to shut off the pump when the pressure on the inlet side is 25 pounds per square inch gauge or lower. It shall be the duty of the consumer to maintain the cut-off assembly in proper working order, and to certify to the department at least once a year that the assembly is operable.

(Ord. 26-01, passed 2-23-2026)

(A) Whenever the department determines that drinking water systems on a premises cannot be protected against entry of water from any piping system, equipment or other source not safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at convenient points.

(B) Water systems for fighting fire, derived from a supply that cannot be approved as safe or potable for human use shall, wherever practicable, be kept wholly separate from drinking water pipelines and equipment. In cases where the domestic water system is used for both drinking and firefighting purposes, approved backflow prevention assemblies shall be installed to protect such individual drinking water lines as are not used for firefighting purposes. The users of such drinking water systems shall be further protected as prescribed by the State and County Health Departments.

(C) Potable water pipelines connected to equipment for industrial processes or operations shall be disconnected therefrom if practicable. Where disconnection is not practicable, an approved backflow prevention assembly, the type or kind depending on the degree of hazard, shall be located in the feedline to the process piping or equipment, beyond the last point from which drinking water may be taken. In the event the particular processed liquid is especially corrosive or apt to prevent reliable action of the backflow prevention assembly, an airgap separation shall be provided. These assemblies shall be repaired, overhauled, or replaced whenever they are found to be defective. Records of tests, repairs, and replacement shall be kept and submitted to the department.

(D) Sewage pumps and storm water pumps shall not have priming connections directly off any drinking water systems, unless the drinking water system is protected by an airgap and no connection shall exist between the drinking water system and any other piping, equipment, or tank in any sewage treatment plant, sewage pumping station, or storm water pumping station.

(E) Backflow protection by an approved backflow protection device operating under the reduced pressure principle shall be provided on each drinking water outlet used for supplying ships or other vessels at piers or waterfronts. These devices must be located where they will prevent the return of water from any ship or vessel into another adjacent ship or vessel or into the public water system.

(F) Where the premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded, or marked at sufficient intervals to distinguish clearly which water is safe for drinking purposes and which is not safe. All outlets from other than approved water supply systems shall be posted as being unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly marked to indicate that fact. (Ord. 26-01, passed 2-23-2026)

At each premises where it is necessary, in the opinion of the department, a water supervisor shall be designated. (Ord. 26-01, passed 2-23-2026)

ILLEGAL DISCHARGES, ILLICIT CONNECTIONS

The regulations included in this subchapter are to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-stormwater discharges to the storm drainage system and receiving waters within the city to the maximum extent practicable as required by federal and state law. (Prior Code, § 5600) (Ord. 13-04, passed 12-16-2013)

(A) This subchapter is applicable to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the State Water Resource Control Board or the city.

(B) The requirements of this subchapter are not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this subchapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this subchapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (Prior Code, § 5601) (Ord. 13-04, passed 12-16-2013)

The objectives of this subchapter are:

(A) To regulate the contribution of pollutants to groundwater, Meadow Creek, or the Pacific Ocean by stormwater discharges;

(B) To prohibit illicit connections and illegal discharges to the storm drain system; and

(C) To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this subchapter.

(Prior Code, § 5602) (Ord. 13-04, passed 12-16-2013)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

BASIN PLAN. The Central Coast Water Board adopted Water Quality Control Plan, Central Coast Basin that designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for receiving waters within the region.

CALIFORNIA TOXICS RULE. Regulations codified in 40 C.F.R. §§ 131.36 and 131.38 respectively, which establish numeric criteria for priority toxic pollutants for the state’s inland surface waters, enclosed bays, and estuaries.

ILLEGAL DISCHARGE.

(1) Any direct or indirect non-stormwater discharge to the storm drain system including discharges from commercial and non-profit car washes, mobile cleaning services, pressure washing operations, and non-stormwater runoff from irrigated areas that is not considered incidental runoff except as exempted in § 50.045.

(2) ILLEGAL DISCHARGES are also any discharge that may cause or threaten to cause or contributes to an exceedance of any water quality standard in a statewide water quality control plan, the State Toxics Rule, or the Basin Plan.

INCIDENTAL RUNOFF. The unintended amount of runoff, which escapes the areas of intended use (for example, minimal over-spray from sprinklers). Water leaving an intended use area is not considered INCIDENTAL if it is a result of:

• (1) Inadequate or improper facility design;

• (2) Excessive application;

• (3) Intentional overflow or application; or

• (4) Negligence.

NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.

PERSON. Any individual, association, organization, partnership, firm, corporation, or other entity living, working, or visiting the city.

STATEWIDE WATER QUALITY CONTROL PLAN. Documents issued at the state level for the conservation, development, and utilization of the water resources of the state. They currently consist of the Oceans Plan, Bay-Delta Plan, Thermal Plan, and Freshwater and Estuarine Plan, with future plans under development for nutrients for inland surface water of the state, and trash controls in state waters (partial list).

STORM DRAIN SYSTEM. The system of conveyances (including sidewalks, roads with drainage systems,

municipal streets, catch basins, curbs, gutters, ditches, human-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.

(Prior Code, § 5603) (Ord. 13-04, passed 12-16-2013)

(A) The Public Works Director shall have the authority to detect and eliminate illegal discharges and illicit connections to the storm drain system. This includes entering onto private property for the purpose of inspecting, at reasonable times, any facility, equipment, practices, or operations for compliance with this subchapter.

(B) Should the Public Works Director suspect that an illegal discharge or illicit connection is present, the Public Works Director may do any or all of the following:

(1) For non-stormwater discharges suspected of being sanitary sewage and/or significantly contaminated, require the discharger to promptly cease and desist discharging and/or cleanup and abate their discharge, spill, or pollutant release as soon as possible;

(2) For suspected illicit connections, require the owner, within 72 hours of notification, to identify the nature of the suspected illicit connection and to identify the outfall location or point of connection to the storm drain system, sanitary sewer system, or other discharge point. Should the suspected illicit connection be confirmed, see division (C) below;

(3) For illegal discharges and illicit connections, require the discharger to promptly cease and desist discharging and/or cleanup and abate their discharge, spill, or pollutant release within 72 hours of notification; and/or

(4) For incidental runoff, require the person responsible to detect leaks and correct the leaks within 72 hours of learning of the leaks, and remedy other situations within ten days, which may include properly designing and aiming sprinkler heads, and/or not irrigating during precipitation events.

(C) (1) If corrective activities cannot be completed within the specified timeframe, a new timeframe shall be developed and agreed upon, and presented to the Regional Water Quality Control Board for consideration.

(2) The Regional Water Quality Control Board shall respond to the request to modify the timeframe within five business days. The revised implementation timeframe shall only be permitted by the city if approved by the Regional Water Quality Control Board.

(Prior Code, § 5604) (Ord. 13-04, passed 12-16-2013)

(A) No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the storm drain system or to groundwater, Meadow Creek, or the Pacific Ocean, any material other than stormwater, except as allowed by this subchapter or as otherwise authorized by a separate NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

(B) The following non-stormwater discharges may be allowed provided appropriate control measures to minimize the impacts of such discharges are consistent with the California Stormwater Quality Association (CASQA) Best Management Practices Handbook , or equivalent precautions are taken:

• (1) Water line flushing;

• (2) Individual residential car washing;

• (3) Diverted stream flows;

• (4) Rising groundwaters;

• (5) Uncontaminated groundwater infiltration (as defined at 40 C.F.R. § 35.2005(20)) to separate storm sewers;

• (6) Uncontaminated pumped groundwater;

• (7) Discharges from potable water sources;

• (8) Foundation drains;

• (9) Air conditioning condensation;

• (10) Springs;

• (11) Water from crawl space pumps;

• (12) Footing drains;

• (13) Flows from riparian habitats and wetlands;

• (14) Dechlorinated swimming pool discharges;

• (15) Incidental runoff from landscaped areas;

• (16) Discharges or flow from firefighting; and

• (17) Other discharges approved by the Public Works Director and specified in writing as being necessary to protect the public health and safety.

(C) This provision does not obviate the need to obtain any other appropriate permits, such as discharges which are required to be enrolled under Order R3-2011-0223 “Waste Discharge Requirements National Pollution Discharge Elimination System (NPDES) General Permit for Discharges with Low Threat to Water Quality.” (Prior Code, § 5605) (Ord. 13-04, passed 12-16-2013) Penalty, see § 50.999

The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or permissible under law or practices applicable or prevailing at the time of connection.

(A) Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances that allow any non-stormwater discharge including sewage, processed wastewater, and wash water to enter the storm drain system, and any connections to the storm drain

system from indoor drains and sinks, or any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

(B) Improper connections in violation of this subchapter must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the city.

(C) Any drain or conveyance that has not been documented in plans, maps, or equivalent, and which may be connected to the storm drain system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the city requiring that such locating be completed. Such notice will specify a 72-hour time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm drain, sanitary sewer, or other, and that the outfall location or point of connection to the storm drain system, sanitary sewer system, or other discharge point be identified. Results of these investigations are to be documented and provided to the Regional Water Quality Control Board. (Prior Code, § 5606) (Ord. 13-04, passed 12-16-2013)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter. Any person who has violated or continues to violate the provisions of this subchapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.

(A) In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of the abatement consistent with § 90.082(A).

(B) (1) When the city finds that any person has violated, or continues to violate, any provision of this subchapter, or any order issued hereunder, the city may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease.

(2) Investigation and/or resolution of the matter in response to the warning notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this division (B) shall limit the authority of the city to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.

(C) (1) Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the city may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:

(a) The name and address of the alleged violator;

(b) The address when available or a description of the building, structure, or land upon which the violation is occurring, or has occurred;

(c) A statement specifying the nature of the violation;

(d) A description of the remedial measures necessary to restore compliance with this subchapter and a time schedule for the completion of such remedial action;

(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(f) A statement that the determination of violation may be appealed to the City Public Works Director by filing a written notice of appeal within ten days of service of notice of violation; and

(g) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

• (2) Such notice may require, without limitation:

• (a) The performance of monitoring, analyses, and reporting;

• (b) The elimination of illicit connections or discharges;

• (c) The violating discharges, practices, or operations shall cease and desist;

• (d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

• (e) Payment of a fine to cover administrative and remediation costs; and

• (f) The implementation of source control or treatment BMPs consistent with the California Stormwater Quality Association (CASQA) Best Management Practices Handbooks or equivalent.

• (D) (1) In lieu of enforcement proceedings, penalties, and remedies authorized by this subchapter, the city may impose upon a violator alternative compensatory options.

• (2) Such compensatory options shall be storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.

(Prior Code, § 5607) (Ord. 13-04, passed 12-16-2013) Penalty, see § 50.999

WATER CONSERVATION

This subchapter is adopted pursuant to authority granted by the Constitution and laws of the state which allow a city to adopt regulations intended to protect the water resources available for use as a municipal water supply, and to provide for the general health, safety, and welfare of its residents. (Prior Code, § 7200)

The City Manager shall have the authority to adopt and promulgate reasonable administrative rules, policies, and guidelines intended and designed to implement the provisions of this subchapter. (Prior Code, § 7202)

Except where specifically set forth, words, terms, and phrases used herein shall have the same meaning as those defined elsewhere in this code or as may be set forth by the City Manager pursuant to his or her authority under § 50.061.

(Prior Code, § 7203) (Ord. 89-3, passed 6-19-1989)

All new construction, commercial or residential, shall install and maintain water conservation devices that meet or exceed the following criteria:

• (A) Toilets. Ultra-low flush type of no more than 1.6 gallons per flush;

• (B) Showers. No more than three gallons per minute; and

• (C) Faucets. No more than four gallons per minute.

(Prior Code, § 7230) (Ord. 89-3, passed 6-19-1989)

(A) All existing structures or buildings, except as described in division (B) below, commercial or residential, shall have installed, and continue to maintain, water conservation devices, as described in § 50.063 by March 1, 1993.

(B) Any existing structure or building which has low-flow toilet fixtures installed shall replace and retrofit with ultra-low flow type (1.6) gallons by March 1, 1995.

(Prior Code, § 7231) (Ord. 90-1, passed 2-5-1990)

(A) The City Manager may approve requests for exceptions to the requirements set forth in § 50.064 whenever he or she finds that compliance would be:

(1) Physically impossible or excessively difficult due to design, construction, materials, or lack of qualifying water conservation devices; or

(2) Would result in an unreasonable economic hardship on the property owner.

(B) All requests for exceptions, and any action taken thereon, shall be supported by documentation and records, as determined by the City Manager.

(Prior Code, § 7232) (Ord. 90-1, passed 2-5-1990)

(A) No building permit for new residential construction shall be issued unless and until an applicant has paid the “in-lieu” fee established below which will be used to retrofit installation of water conservation devices, as described in § 50.063, for existing residential structures required to comply with § 50.064.

(B) An “in-lieu” development fee, as set forth in the Master Fee Schedule and amended from time to time, is hereby created to establish a fund for the retrofit installation of required water conservation devices in existing structures. The fee amount is established to allow for five residences to be retrofitted for each residential unit permitted to be built.

(C) This “in-lieu” fee shall be reviewed in the same manner as the water use and excessive use surcharge fees. Future changes to the amount of this fee may be made by Council resolution.

(D) Notwithstanding any other provision of this part, no “in-lieu” fee shall be required of or imposed on residential construction which is replacing a residence(s) which was demolished under a valid demolition permit or destroyed due to natural or human-made causes within the 12-month period prior to the issuance of the building permit. For purposes of this section, the replacement shall be based on a one-to-one basis with no credit or payments to the property owner or developer for constructing less residential units than had previously existed. This residential replacement credit applies only to new residences proposed for the same property, parcel, or site on which the demolished or destroyed residence(s) existed.

(Prior Code, § 7233) (Ord. 90-1, passed 2-5-1990; Ord. 90-7, passed 4-16-1990; Ord. 03-02, passed 5-5-2003)

The City Council may adopt a resolution declaring a water shortage condition as defined in the latest approved and adopted Urban Water Management Plan and implementing certain mandatory water conservation measures and penalties. Said measures are hereby adopted and made a part of the city municipal code as though fully set forth herein. Any violation of the adopted mandatory water conservation measures constitutes a violation of § 50.061 and is

subject to the remedies identified in §§ 37.015 and 37.016, and 37.030 through 37.040. A copy of the latest adopted Urban Water Management Plan is on file for use and examination by the public in the office of the City Clerk. (Prior Code, § 7234) (Ord. 21-02, passed 11-22-2021)

(A) The prohibitions on water wasting identified in the latest approved and adopted Urban Water Management Plan are hereby adopted and made a part of the city municipal code as though fully set forth herein.

(B) A copy of the latest adopted Urban Water Management Plan is on file for use and examination by the public in the office of the City Clerk.

(C) The prohibitions on water wasting are voluntary but may, by Council resolution declaring a water shortage condition, be declared mandatory for a period of time as set forth in the adopted resolution. (Prior Code, § 7235) (Ord. 21-02, passed 11-22-2021)

UNDERGROUND UTILITY DISTRICTS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.

COMMISSION. The Public Utilities Commission of the state.

PERSON. Includes individuals, firms, corporations, partnerships, and their agents and employees.

POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES. Poles, towers, supports, wires,

conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a District and used or useful in supplying electric, communication, or similar or associated service.

UNDERGROUND UTILITY DISTRICT or DISTRICT. The area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of § 50.082.

UTILITY. All persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.

(Prior Code, § 7700) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. (Prior Code, § 7701) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

If, after any such public hearing, the Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(Prior Code, § 7702) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in § 50.082, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the District after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in § 50.088, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this subchapter.

(Prior Code, § 7703) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

Notwithstanding the provisions of this subchapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the Council in order to provide emergency service. The Council may grant special permission on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use, or operate poles, overhead wires, and associated overhead structures.

(Prior Code, § 7704) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

This subchapter and any resolution adopted pursuant to § 50.082 hereof shall, unless otherwise provided in such resolution, not apply to the following:

(A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

(B) Poles or electroliers used exclusively for street lighting;

(C) Overhead wires (exclusive of supporting structures) crossing any portion of a District within which overhead wires have been prohibited, or connection to buildings on the perimeter of a District, when such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited;

(D) Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

(E) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

(F) Antennas, associated equipment, and supporting structures used by a utility company for furnishing communication services;

(G) Equipment appurtenant to underground facilities such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts; and

(H) Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.

(Prior Code, § 7705) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

(A) Within ten days after the effective date of a resolution adopted pursuant to § 50.082 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.

(B) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 50.082, together with a copy of this subchapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Prior Code, § 7706) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to § 50.082 hereof, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the Commission.

(Prior Code, § 7707) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

(A) Every person owning, operating, leasing, occupying, or renting a building or structure within a District shall construct and provide that portion of the service connection on his or her property between the facilities referred to in § 50.087 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to § 50.082 hereof, the Superintendent of Public Works shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 30 days after receipt of such notice.

(B) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the U.S. mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner’s name appears, and must be addressed to such owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to “General Delivery, City of Grover Beach, California.” If the notice is given by mail, such notice shall be deemed to have been received by

the person to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Superintendent of Public Works shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on said premises.

(C) The notice given by the Superintendent of Public Works to provide the required underground facilities shall particularly specify that work is required to be done, and shall state that if said work is not completed within 30 days after receipt of such notice, the city shall elect to provide such required underground facilities by constructing the facilities itself, in which case the cost and expense thereon will be assessed against the property benefitted and become a lien upon such property.

ties shall particularly specify that work is required to be done, and shall state that if said work is not completed within 30 days after receipt of such notice, the city shall elect to provide such required underground facilities by constructing the facilities itself, in which case the cost and expense thereon will be assessed against the property benefitted and become a lien upon such property.

(D) If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the Superintendent of Public Works shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Superintendent of Public works shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the Superintendent of Public Works, he or she shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which the cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of such cost of such work upon such premises, with said time shall not be less than ten days thereafter.

(E) The Superintendent of Public Works shall forthwith, upon the time for hearing such protests having been fixed, give not less than ten days’ notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report, and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(F) Upon the date and hour set for hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify, or reject the assessment.

(G) If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Superintendent of Public Works, and the Superintendent of Public Works is directed to turn over to the Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said Assessor and Tax Collector shall add the amount of said assessments to the next regular bill for taxes levied against the premises upon which said assessment has not been paid. Said assessment shall be due and payable, and if not paid when due and payable shall bear interest at the rate of 6% per annum.

(Prior Code, § 7708) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to § 50.082 hereof.

(Prior Code, § 7709) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

In the event that any act required by this subchapter or by a resolution adopted pursuant to § 50.082 hereof cannot be performed within the time provided, then the time within which such act must be accomplished shall be extended for a

reasonable period of time by the Superintendent of Public Works. (Prior Code, § 7710) (Ord. 100, passed 2-3-1969; Ord. 12-06, passed 10-15-2012)

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

(B) Any person preventing or interfering with any city employee in the lawful discharge of his or her duties, or tampering with, injuring, or destroying the lines, valves, fire hydrants, machinery, meters, property or other equipment of the city used in the provision and delivery of water, or taking water from the city water system without first complying with the rules and regulations set forth in this code, shall be guilty of a misdemeanor. (Prior Code, § 7500)

(C) Any person who violates any of §§ 50.015 through 50.026 is guilty of a misdemeanor, and upon conviction thereof is punishable by such penalties as provided for by law.

(Prior Code, § 5515)

(D) The water purveyor shall have the authority to immediately discontinue service to any premises where crossconnection or other hazards to the water system are found to exist and shall not again render service to said premises until such conditions are eliminated in accordance with §§ 50.030 through 50.039. Any consumer who willfully violates any of the provisions of §§ 50.030 through 50.039 or alters, bypasses, or renders inoperative any backflow prevention assembly installed under the provisions of this chapter shall, in addition to immediate discontinuance of water service, be subject to penalties prescribed in Chapter 37 of the Municipal Code. Service shall not again be rendered until such violation or noncompliance has been corrected.

(E) In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 30 days, or such greater period as the city shall deem appropriate, as described in §§ 50.040 through 50.047 after the city has taken one or more of the actions described above, the city may impose a penalty not to exceed $100 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

(Prior Code, § 5607)

(F) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of §§ 50.080 through 50.090. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of §§ 50.080 through 50.090 is committed, continued, or permitted by such person, and shall be punishable therefor as provided for in §§ 50.080 through 50.090. (Prior Code, § 7711)

(Ord. 100, passed 2-3-1969; Ord. 75-11, passed 3-15-1975; Ord. 89-16, passed 1-2-1990; Ord. 90-3, passed 3-191990; Ord. 12-06, passed 10-15-2012; Ord. 13-04, passed 12-16-2013; Ord. 26-01, passed 2-23-2026)