Poway Municipal Code Art. IV Nuisances

The Health Officer may, upon reasonable cause to believe that an abandoned well or other well is causing a nuisance by polluting or contaminating groundwater, 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 Department of Health Services 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 any thing or condition which appears to indicate such a nuisance. He may determine 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.

(CC § 67.430; Ord. 29 § 1, 1981)

A. Whenever the Health Officer determines that an abandoned or other well is causing a nuisance by polluting or contaminating groundwater, 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 10 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.

B. 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.

(CC § 67.431; Ord. 29 § 1, 1981)

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 Council.

(CC § 67.433; Ord. 29 § 1, 1981)

A. 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.

B. 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 10 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.

C. 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 of control jointly and severally.

(CC § 67.434; Ord. 29 § 1, 1981)