Oceanside Municipal Code Art. I In General

The city council shall by order appoint a health officer and fix his compensation.

(Ord. Code, § 3212)

Cross reference— Investigation of tattooing establishments by health officer, § 33.5.

It is the duty of the health officer to enforce all laws, ordinances and regulations relating to sickness, nuisances and sources of unsanitation within the city.

(Ord. Code, § 3221)

The health officer shall have the powers of a police officer in matters pertaining to his office; and it shall be his duty, when necessary to secure the public health, to enter upon the premises or into any house or other place of any person within the city to ascertain any nuisances that may there exist; to inspect drains, vaults, cellars, cesspools, water closets, privies or the sewers or the yards of such premises.

(Ord. Code, § 3222)

Whenever any building or premises has been inspected by the health officer, and the plumbing or sewage disposal system is found to be defective or unsanitary, notice to that effect shall be served upon the owner, or his agent, which notice shall specify the character of repairs and alterations or improvements to be made.

(Ord. Code, § 3223)

If such repairs and alterations, as specified in the notice provided for in section 14.4, are not commenced in good faith within five (5) days from the date of service of such notice, and completed within the time specified in the notice, the city council may condemn the property as being unsanitary and unfit for human habitation; and its occupancy thereafter shall be prohibited.

(Ord. Code, § 3224)

When a building has been condemned by the city council, as provided in section 14.5, the occupant, or lessee, if there be any, shall immediately vacate the premises until such time as repairs and all alterations required by the board of health shall have been made.

(Ord. Code, § 3225)

When a building has been condemned for any cause by the city council, there shall be placed thereon a placard, which shall read as follows:

WARNING

This building has been condemned as being unsanitary and unfit for human habitation, and it is unlawful for any person to reside in or occupy the same.

By order of the Board of Health.

_____ Health Officer

(Ord. Code, § 3226)

Whenever a building has been condemned by the city council as being unsanitary and unfit for human habitation, it shall be unlawful for any person to reside in or occupy the same.

(Ord. Code, § 3227)

It is the duty of the sanitary inspector, when authorized and directed by the city council, or the health officer, to enter upon any premises and make inspection as required by sections 14.4 to 14.7, and perform such other duties as may be prescribed by the city council and the health officer under its or his rules and regulations.

(Ord. Code, § 3228)

All pools of water, or other places in which mosquitoes may breed, or are being bred, are hereby declared to be a public nuisance. The city council and its officers are hereby given authority to condemn as nuisance any such pools of water, or other places in which mosquitoes may breed or are being bred, and to order the summary abatement thereof.

(Ord. Code, § 3111)

Upon being notified by the city council, or its officers, of the existence of pools of water which are likely to provide breeding grounds for mosquitoes, or other places in which mosquitoes may breed, or are being bred, and that the same has been declared a public nuisance, it shall be the duty of the person responsible for the maintenance thereof to forthwith abate such nuisance.

(Ord. Code, § 3112)

Where the health officer has notified the owner, occupant, agent or other person having control of the premises, within the city, upon which a nuisance exists by reason of pools of water or other places in which mosquitoes may breed, or are being bred, to abate such nuisance in accordance with the directions from the health officer and such person shall fail to abate such nuisance, then the health officer may take such action as is necessary to abate such nuisance, and the owner, agent, occupant or other person having control of such premises, in addition to the criminal penalty provided by this Code, shall be liable to the city for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction.

(Ord. Code, § 3114)

(a) Subject to the restriction in sections 14.13(b) and (c), no person shall construct, repair, reconstruct or destroy any well unless a written permit has first been obtained from the health officer according to the provisions set forth in Title 6, Division 7, Chapter 4, Article 5, of the San Diego County Code of Regulatory Ordinances.

(b) Within the primary buffer boundary, as defined in section 14.13(b)(1), no new wells for drinking water purposes shall be constructed and no drinking water wells in existence as of the effective date of this section shall be repaired or reconstructed. The term "new well" as used in this section 14.13 does not include any well for which a permit has been issued, pursuant to section 14.13(a), prior to the effective date of this section.

(1) The "primary buffer boundary" represents a zone of controlled drinking water well construction, the greatest of the horizontal and vertical distances reflecting the retention times required pursuant to Sections 60320.208 and 60320.224. The water utilities director shall update the primary buffer boundary as necessary to account for changing conditions. The water utilities director shall also publish a map depicting the primary buffer boundary, which shall be available for inspection at City Hall.

(2) Wells in the primary buffer boundary, existing as of the effective date of this section, are prohibited from extracting water for drinking water purposes and must comply with all standards set forth in Title 6, Division 7, Chapter 4, of the San Diego County Code of Regulatory Ordinances, as well as additional water quality testing and reporting as required by the water utilities director.

(c) Within the secondary buffer boundary, as defined in section 14.13(c)(1), no new wells for drinking water purposes shall be constructed and no drinking water wells in existence as of the effective date of this section shall be repaired or reconstructed, without further study and potential mitigating activities prior to drinking water well construction. The decision of the water utilities director is subject to appeal pursuant to section 2.1.60 of the City Code. The term "new well" as used in this section 14.13 does not include any well for which a permit has been issued, pursuant to section 14.13(a), prior to the effective date of this section.

(1) The "secondary buffer boundary" represents a zone of potential controlled drinking water well construction and depicts the zone within which a well would extend the primary buffer boundary to include existing or potential future drinking water wells. The water utilities director shall update the secondary buffer boundary as necessary to account for changing conditions. The water utilities director shall also publish a map depicting the secondary buffer boundary, which shall be available for inspection at City Hall.

(2) Wells in the secondary buffer boundary, existing as of the effective date of this section, are prohibited from extracting water for drinking water purposes and must comply with all standards set forth in title 6, division 7, chapter 4, of the San Diego County Code of Regulatory Ordinances, as well as additional water quality testing and reporting as required by the water utilities director.

(d) The city must provide boundary map(s) of the primary buffer boundary and the secondary buffer boundary, locations of the Pure Water Oceanside Project's monitoring wells, and locations of drinking water wells within a two-year travel time of the Pure Water Oceanside Project based on groundwater flow directions and velocities expected under the Pure Water Oceanside Project's normal operating conditions (three million (3,000,000) gallons per day or lower) as needed to the county DEH.

(e) On a case-by-case basis and upon a showing of good cause, the city shall have the authority to provide an in lieu drinking water supply to affected applicants applying for drinking water wells within the primary buffer boundary and the secondary buffer boundary. Good cause shall mean a factual and evidentiary showing by the applicant that the prohibition on the construction of a drinking water well or use of an existing well for the extraction of drinking water would deprive the applicant of substantially all reasonable economic use of his or her property. All such requests shall be filed with the water utilities director. The decision of the water utilities director is subject to appeal pursuant to section 2.1.60 of the City Code.

(f) The water utilities director upon reasonable cause to believe that there is a violation of this section 14.13 may, at any and all reasonable times and when in the performance of his/her duty, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this section 14.13 is being violated. The water utilities director 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 a violation exists.

(g) The city attorney is authorized to pursue all available administrative, civil and criminal remedies set forth in chapter 1 of the City Code to enforce this section 14.13. Each violation of this section 14.13 shall be considered a separate offense and the remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this section shall preclude any person from pursuing any other remedies provided by law.

(Ord. No. 75-9, §§ 1, 2, 5-14-75; Ord. No. 83-14, § 5, 4-27-83; Ord. No. 21-OR0698-1, § 2(Att. A), 11-17-2021)

Editor's note— Ord. No. 75-9, amended the Code by adding § 14.3, redesignated, at the editor's discretion, as § 14.13 inasmuch as the Code already contained a § 14.3.

No person shall maintain or operate any pool except a private pool unless an annual operating permit is issued therefor by the health officer. A pool shall be considered a private pool if it is maintained by an individual for the use of his family and friends and for swimming instruction programs of short duration which are conducted by or sponsored by the American Red Cross. An annual operating permit issued by the health officer is required for operation of any public pool including, but not limited to, all commercial pools, real estate and community pools, pools at hotels, motels, resorts, auto and trailer parks, auto courts apartment houses, clubs, public or private schools and gymnasia, and health establishments. Every person applying for a permit as required by this section shall, at the time of making application for such permit, pay an annual inspection fee as set forth in section 14.25(g) of this chapter for the first pool under one ownership and on the same property, and a fee for each additional pool on the same property and under the same ownership as set forth in section 14.25(g) of this chapter. The annual operating permit shall be effective for a twelve-month period from the date of issuance.

In any case where the applicant has failed for a period of thirty (30) days to file the application and obtain the permit required by this section, there shall be added to and collected with the inspection fee a penalty equal to ten (10) percent of the fee; and for each additional month or fraction of a month after the expiration of said thirty-day period that the applicant fails to file such application and obtain such permit, there shall be added to and collected with the inspection fee an additional penalty equal to ten (10) percent of the inspection fee; provided, however, in no event shall the total penalty added to the inspection fee pursuant to this section be more than sixty (60) percent of the inspection fee. The imposition or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by state law or county ordinance, nor shall it prevent a criminal prosecution for violation of this chapter.

(Ord. No. 75-39, § 1, 12-3-75; Ord. No. 76-17, § 1, 4-14-76; Ord. No. 83-14, § 6, 4-27-83)

Any person desiring the review and approval of plans and specifications for a public swimming pool by the director pursuant to Section 65505 of Title 22 of the California Administrative Code shall submit such plans to the director, accompanied by a fee as set forth in section 14.25(g) of this Code, to cover the cost of said review. As soon after the plans and specifications are submitted as is practical, the director shall review or cause to be reviewed such plans and specifications and shall determine whether they are in accordance with the requirements of Section 7780 et seq. of Title 17 of the California Administrative Code. In the event that the plans and specifications do not comply with such Administrative Code provisions, amended plans and specifications may be submitted to the director for re-review and approval; and the fee for each such re-review shall be as set forth in section 14.25(g) of this Code, payable to the director in advance.

(Ord. No. 75-39, § 2, 12-3-75; Ord. No. 76-17, § 2, 4-14-76; Ord. No. 83-14, § 7, 4-27-83)

Editor's note— Section 14.16, prohibiting transfer of a permit issued pursuant to this chapter, derived from Ord. No. 75-39, § 3, adopted Dec. 3, 1975, was repealed by § 8 of Ord. No. 83-14, adopted Apr. 27, 1983. This provision is now found in § 14.28.