McFarland Municipal Code Art. V Inspections, Enforcement and Appeals

A. The health officer or his duly authorized representatives, including the agency, may conduct inspections at any time to insure compliance with the requirements of this chapter. The health officer may prescribe mandatory inspection of domestic well projects, and of projects on which he deems it necessary. The stage at which each inspection is required shall be set forth in the permit.

B. It is unlawful for ally person to continue to work on a project past the stage at which an inspection has been prescribed pursuant to this section or the permit until such inspection by the health officer has been completed or waived. A permittee, or one acting on his behalf, shall make an inspection appointment with the health officer at least twenty-four hours prior to the estimated inspection time. However, the failure of the health officer to make any inspection shall not be deemed a waiver of any future inspections, or any of the enforcement provisions of this chapter.

C. Unless otherwise specified or required, each well under construction shall receive a minimum of three inspections:

1. Site;

2. Annular seal;

3. Final.

D. After the work on a well has been completed, the health officer shall be so notified by the person performing the work and the health officer shall conduct a final inspection thereof, unless inspection has been waived by the health officer.

E. The health officer may request receipts, and/or affidavits to be submitted when certain inspections are waived.

F. No water from a new, deepened or reconstructed well shall be used for domestic purposes until a final inspection is made and the well and water quality are approved by the health officer.

(Ord. 223 §1(part), 1990)

Should persons or property or a well be threatened by a sudden, unforeseen impairment in the quantity or quality of ground water so that it becomes necessary to continue work, or to replace or modify or increase the existing supply, and a permit or inspection cannot be obtained because the department's offices are not open, the well may be constructed or reconstructed without a permit or without an inspection, provided no other property is served by the well than was served before the emergency work became necessary. All work done under such emergency conditions shall comply with the requirements of this chapter. In all such cases, the person who caused the work to be done shall file a statement with the department during the next regular business day following the emergency work, indicating the reasons for the emergency work. The department shall inspect the well and order the person who caused the emergency work to be done to perform such other and further work, if any, as may be necessary to bring the well into conformity with the requirements of Articles II and III of this chapter. The terms of such an order shall be deemed permit conditions within the meaning of Section 13.04.120 of this chapter.

(Ord. 223 §1(part), 1990)

No permit is required to install, replace or repair a pump on an existing well or to redevelop an existing well.

(Ord. 223 §1(part), 1990)

If an application for construction or reconstruction of a well has not been granted or denied within ten business days of the filing of the application with the department, the department shall mail to the applicant, before the close of such day, a written status report of the application. If during such time period the department has not requested from the applicant additional information relevant to the processing of the application, the applicant shall be entitled to appeal such delay in processing the permit application to the city council in the manner provided in Section 13.04.590 of this article.

(Ord. 223 §1(part), 1990)

Whenever the construction, deepening, reconstruction or destruction of any well is being carried out contrary to the requirements of this chapter, the health officer shall order work to stop by posting a notice to desist at the well site. It shall be unlawful to do further work until the health officer determines that the necessary corrections have been made. It is unlawful to perform any work for which a permit has been granted pursuant to this chapter without complying with the conditions of such permit.

(Ord. 223 §1(part), 1990)

It is unlawful to dispose of any material into a domestic well or any abandoned well unless approval is first obtained from the agency having jurisdiction over such matters.

(Ord. 223 §1(part), 1990)

All wells, constructed, reconstructed, deepened, destroyed or placed out of service after the effective date of the ordinance codified in this chapter, not in accordance with the terms of this chapter, are declared public nuisances which may be abated in accordance with the provisions of this article. Any existing wells which the health officer declares to be a pollution hazard, contamination hazard or a safety hazard may be declared a nuisance.

(Ord. 223 §1(part), 1990)

Whenever the health officer determines that a nuisance as defined in Section 13.04.078 of this chapter exists, he may issue the landowner a written order to abate such a nuisance. The order shall state the conditions productive of the nuisance and the time determined by the health officer to be reasonable to accomplish such abatement, but not less than two weeks from the date of such notice. It shall also state that unless the nuisance is abated or a notice of appeal filed with the city clerk, the health officer will abate the nuisance and the cost of such abatement may be added to the tax roll as a special assessment against the property.

(Ord. 223 §1(part), 1990)

The order of abatement shall be mailed to the owner or owners of the premises as their names and addresses appear upon the last equalized property tax assessment roll and either personally served upon an adult person occupying the premises, or if such person cannot be served, by posting such order of abatement in a conspicuous place on the premises. In the event that a nuisance is not abated in accordance with the order of abatement, the health officer may proceed to abate the nuisance.

(Ord. 223 §1(part), 1990)

If the department denies an application for a permit, or issues a permit subject to conditions which the applicant believes to be unreasonable, or gives an order of abatement, the applicant may appeal the decision of the department to the city council. The notice of appeal shall set forth each and all grounds of objection to the decision appealed. The city council shall forthwith file a copy of the notice of appeal with the department. The city council shall, within thirty days after the receipt of a written appeal, hold a hearing to determine whether the permit shall be issued to the applicant, and if a permit is to be issued, the terms and conditions under which it shall be issued. Such a hearing shall be conducted in accordance with Section 13.04.610 and may be continued from time to time by the council. The decision of the city council shall be rendered within seven days after the conclusion of the hearing and the decision shall be final as to all matters determined. Notice of the decision shall be given as provided in Section 13.04.620.

(Ord. 223 §1(part), 1990)

Judicial review of a decision of the city council made after a hearing pursuant to this article, if the decision is to deny the permit or to issue the permit subject to conditions asserted to be inappropriate, shall be made pursuant to Section 1094.6 of the Code of Civil Procedure of the state. The method of judicial review, the time limits for judicial review and all of the other provisions of the section 1094.6 shall govern each judicial review. The city council shall give written notice to the applicant that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure.

(Ord. 223 §1(part), 1990)

At the date and time set, a public hearing shall be held before the city council. The owner and any other person requesting such hearing may be represented by counsel. The city council shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing. All persons giving evidence shall be sworn before testifying. The owner and any other person requesting such hearing may employ a certified stenographic reporter to report the hearing. The council may continue said hearing from time to time.

(Ord. 223 §1(part), 1990)

At the conclusion of the hearing, if the city council determines that a public nuisance exists, it shall thereupon order the nuisance abated no sooner than thirty (30) days following the mailing by the clerk of the notice of the council's decision. The council shall determine the manner in which the nuisance shall be abated. Such notice shall be sent by regular mail to the person requesting the hearing at the address set forth in such request, and to any other person who files a request therefor with the city clerk.

(Ord. 223 §1(part), 1990)

If a nuisance is not abated or a hearing sought within the time specified in this article, or if after a hearing, a nuisance is not abated, the health officer may proceed to abate the nuisance by force account contract.

(Ord. 223 §1(part), 1990)

The health officer shall file with the city clerk a report specifying the work performed, the itemized and total cost of the work, a description of the real property upon which the well is or was located, and the names and addresses of the owners as their names appear in the latest equalized property tax assessment roll.

(Ord. 223 §1(part), 1990)

A hearing before the city council shall be held on the report described in Section 13.04.640 at which time any protests or objections thereto will be heard. The city clerk shall mail notice of the hearing to the owner or owners of record at least ten days prior to the hearing. The city council shall determine at the hearing the correct charge to be made for the work. The owner or owners of record shall be given notice by mail of the determination of the city council, which notice shall inform the owner or owners that the costs may become a lien against the property as provided herein. If such costs are not paid within thirty days of mailing of the notice of determination by the city council, the costs shall be assessed upon the property involved forthwith as a special assessment and shall be a lien on the property for the amount thereof from the time of the mailing of the notice of determination.

(Ord. 223 §1(part), 1990)

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

(Ord. 223 §1(part), 1990)