Kern County Municipal Code Ch. 14.10 Water Supply Approval

A. Prior to issuance of a building permit to construct one (1) or more dwelling units or a permit to install or occupy one (1) or more mobilehomes, the applicant shall submit to the building official evidence showing that the applicant will be able to furnish or obtain a supply of safe, pure, wholesome and potable water which is adequate in amount to supply the domestic needs and to operate the method of sewage disposal to be connected thereto, all as determined by the health officer.

B. Subparagraph A of this section shall not apply to any mobilehome within, or to be installed in, a mobilehome park, which is subject to separate regulations.

C. Whenever the health officer or his designee has knowledge that a water source does not meet the standards required in this section, he may cause a notice of intent to record a declaration of non-potable water to be mailed to the owner of record of the property as shown on the last equalized assessment roll of the county or as known to the health officer at the time of the mailing of the notice. Upon the failure of the property owner to bring the water supply to the standard required under this section within thirty (30) days of the mailing of the notice, the health officer may record in the office of the county recorder a declaration of non-potable water which identifies the property in question and the constituent(s) which do not meet drinking water standards.

(Ord. G-4842 § 2 (part), 1988)

(Ord. No. G-7942, § 2, 9-8-09)

A. The health officer shall approve use of a water hauler as a source of water supply, under this chapter, provided:

1. A water hauler with a valid permit issued by the health officer, certifies that he can and will furnish such water to the site; and

2. The applicant has shown, to the satisfaction of the health officer, that it is not feasible to obtain such water supply from a utility system or a water well.

B. As an alternative or addition to approval of a water hauler as a source of water supply, the health officer may also allow the applicant to haul his own water, if the applicant shall show, to the satisfaction of the health officer, that he owns or is able to obtain equipment which is safe, sanitary and adequate to haul water for his personal use. Any such equipment shall be subject to inspection and approval of the health officer. Nothing in this chapter authorizes such person to haul water for the use of others.

C. This section shall not apply to:

1. More than one dwelling unit or more than one lot;

2. Any mobilehome park;

3. Any mobilehome within a mobilehome park; or

4. Any lot in a final map subdivision, the tentative map for which is approved after April 9, 1981.

(Ord. G-4842 § 2 (part), 1988)

In determining whether it is feasible to obtain such water supply from a water well, the health officer shall consider the following factors:

A. One or more bona fide attempts to drill a water well on the site, or in the general area of the site, which resulted in finding no water, an inadequate water supply or only water which was not safe, pure, wholesome and potable;

B. A written opinion of a qualified registered geologist to the effect that there is no reasonable likelihood of drilling and completing a water well on the site which will produce a water supply as required by Section 14.10.010; or

C. Any other generally known or accepted information indicating that there is no reasonable likelihood of drilling and completing a water well on the site which will produce a water supply as required by Section 14.10.010.

(Ord. G-4842 § 2 (part), 1988)

In determining whether it is feasible to obtain such water supply from a utility system, the health officer shall consider the following factors:

A. Willingness of owner or governing board to furnish a water supply as required by Section 14.10.010;

B. Economic hardship to applicant in making connections caused by distance, topographical features or similar considerations;

C. Economic hardship to applicant or future users of such water caused by unreasonable water charges by such utility system; or

D. Any other factor known or demonstrated to the health officer showing such infeasibility.

(Ord. G-4842 § 2 (part), 1988)

The building official and the health officer, respectively, shall exercise any discretion under this chapter in a reasonable manner.

(Ord. G-4842 § 2 (part), 1988)

Any person aggrieved by a determination or decision made by the building official or the health officer, respectively, or a rule or regulation adopted by the health officer, under this chapter, shall be entitled to appeal to the board of supervisors, and the board shall hear and decide such appeal consistent with the provisions of Chapter 14.08.

(Ord. G-4842 § 2 (part), 1988)

A. In any case where the conditions of approval of a parcel map require, in effect, provision of an adequate quantity of potable water, the condition shall be deemed satisfied, if the water supply conforms with this chapter.

B. The provisions of this section shall not apply to a condition of approval of a parcel map subject to Section 18.84.070 of this code (parcel map ordinance of 1979).

(Ord. G-4842 § 2 (part), 1988)

The health officer is authorized to adopt reasonable rules and regulations for the implementation and administration of this chapter, including but not confined to standards for potable water, adequacy of rates of flow and on-site storage capacity. Such rules or regulations shall become effective when a copy thereof has been filed with the clerk of the board of supervisors. The health officer and the clerk of the board of supervisors shall furnish a copy thereof to any interested person on request, without charge.

(Ord. G-4842 § 2 (part), 1988)

The health officer shall not approve use of a water hauler as a source of water supply to any dwelling unit or mobilehome which has been erected, constructed, installed, enlarged, repaired, moved, improved, converted or maintained contrary to the code of building regulations of the county (Chapter 17.04 of Title 17 of this code, commencing with Section 17.04.010), except on a temporary basis for immediate preservation of life and health.

(Ord. G-4842 § 2 (part), 1988)

Violation of any section of this chapter is a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by punishment of both a fine and imprisonment in the county jail not to exceed six (6) months.

(Ord. G-4842 § 2 (part), 1988)