National City Municipal Code Ch. 14.20 Wells

There is adopted by the city council, for the purpose of prescribing regulations governing provision for the construction, repair and reconstruction of wells to the end that the groundwater of this county will not be polluted or contaminated and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this county, and for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not cause pollution or contamination of groundwater or otherwise jeopardize the health, safety or welfare of the people of this county, that certain ordinance known as Ordinance No. 4286(NS) of the board of supervisors of the county, of which ordinance not less than three copies have been and are now filed in the office of the city clerk and the same are adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this section takes effect, the provisions thereof shall be controlling within the limits of the city.

(Ord. 1431 § 2, 1974)

Section 67.402 of county Ordinance No. 4286 (NS) is amended as follows:

Delete: The definition "Well Standards Advisory Board."

(Ord. 1488 § 1, 1975)

Article 2 of county Ordinance No. 4286 (NS) is amended as follows:

Delete: Entire article titled "Well Standards Advisory Board."

(Ord. 1488 § 2, 1975)

Article 4 of county Ordinance No. 4286 (NS) is amended as follows:

Delete: Entire article and replace with new article to read as follows:

"Article 4 - NUISANCES

"Section 64.430. INVESTIGATION. The County Health Officer may, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, investigate the situation to determine whether such a nuisance does in fact exist. He shall have the power, when in the performance of his duty and upon first presenting his credentials and identifying himself as an employee of the County Health Department to the person apparently in control of the premises, if available, to enter upon any such premises between the hours of 8:00 a.m. and 6:00 p.m., to discover or inspect anything or condition which appears to indicate such a nuisance. He may examine such premises, things, or conditions, take such samples and make such tests as needed and take any other steps reasonably necessary for the proper investigation and determination of whether such a nuisance exists.

"Section 64.431. ORDER TO ABATE A NUISANCE. Whenever the Health Officer determines that an abandoned or other well is causing a nuisance by polluting or contaminating ground water, or constitutes a safety hazard, he may issue a written order requiring that the conditions productive of the nuisance be abated within a period of ten days thereafter and shall forthwith serve the order upon the person occupying the premises, if any, and if no person occupies the premises, the order shall be posted upon said premises in a conspicuous place. In addition, a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll. The Health Officer may for good cause extend the time specified in the order or otherwise modify or rescind the order.

The order of abatement shall advise the possessors and owners of the property of their right to appeal to the city council and to stay the order of abatement pending such appeal.

"Section 64.432 APPEAL FROM ORDER OF ABATEMENT. Any person who has been given an order of abatement may, within ten days following the receipt of the order of abatement, file an appeal in writing to the City Council. Said appeal shall be accompanied by a filing fee of twenty-five dollars and shall specify the grounds upon which the appeal is taken. The City Clerk shall then proceed to set the matter for hearing, not later than 20 days thereafter, and such appeal shall stay the effect of any order issued pursuant to Section 64.431 until the City Council hears the appeal and issues its order either to affirm, overrule or modify the action of the Health Officer. Notice of the hearing shall be mailed to the appealing party at least five days prior to the hearing.

"Section 64.433. ABATEMENT BY COUNTY HEALTH OFFICER. In the event that a nuisance is not abated in accordance with an order of abatement, the Health Officer may, upon securing the approval of the City Council, proceed to abate the nuisance by force account, contract or any other method deemed most expedient by the City Council.

"Section 64.434. PAYMENT OF COSTS. The Health Officer shall prepare and file with the City Clerk a report specifying the work done, 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 record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property.

A hearing shall be held on said report and any protests or objections thereto, and notice of the hearing shall be mailed to the persons with a legal interest in the property at least ten days prior to the date set for the hearing. The City Council shall determine at the hearing the correct charge to be made for the work.

All costs of abatement carried out under the terms of this section shall constitute a charge and special assessment against the parcel of land involved. If such costs are not paid within 60 days, they shall then be declared a special assessment against that property as provided in Government Code Section 25845. The assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to such special assessment. In addition to its rights to impose said special assessment, the city shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally."

(Ord. 1488 § 3, 1975)