Santa Paula Municipal Code Ch. 52 Water

Section

Water Utility and Revenue Fund

Water Utility Services

Groundwater Conservation

Statutory reference:

Municipal water systems, see Cal. Gov't Code §§ 38730 et seq.

WATER UTILITY AND REVENUE FUND

A water utility is hereby created as a city enterprise and utility to operate, maintain, and fund the city's water system. The purpose of this utility is to provide for, among other related matters, the funding, operating, permitting, maintaining, planning, designing, retrofitting, reconstructing, constructing, environmentally restoring, regulating, surveying, water quality testing, and inspecting of water facilities and the management thereof.

(Ord. 993, passed 12-18-95)

The City Council may adopt water management programs or regulations to facilitate operation of the utility. The City Council shall appoint a director of the utility who shall be responsible for administering and supervising the operations of the water system in accordance with the provisions of the management programs adopted by the City Council, and revised from time to time, pursuant to City Council resolution.

(Ord. 993, passed 12-18-95)

The City Council may establish by resolution water utility fees to be imposed upon users of the water system. The purpose of these fees are to provide funds: to provide water devices to improve water quality; to maintain and operate water facilities, water rights and rights-of-way; to pay for the costs of planning, permitting, designing, establishing, acquiring, developing, upgrading, retrofitting, constructing, reconstructing or improving water facilities and public improvements, and the manage-ment thereof; and to pay for, or secure the payment of, any indebtedness incurred for such purposes.

(Ord. 993, passed 12-18-95)

A fund for accumulating water revenues is hereby created, to be known as the “Water Fund.” The Water Fund shall consist of water revenues and shall be used for funding expenses of the water utility enterprise.

(Ord. 993, passed 12-18-95)

WATER UTILITY SERVICES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. The person, association, corporation or governmental agency applying for water service.

CAPITAL FACILITIES FEE. Charges for facilities in existence at the time the charge is imposed and/or charges for new facilities to be constructed in the future which are of benefit to the person or property being charged.

CITY. The City of Santa Paula.

CITY COUNCIL. The City Council of the city.

CITY INSPECTOR. A person authorized by the Public Works Director to inspect work for which a permit is issued pursuant to this chapter.

CUSTOMER. Any person, association, corpora-tion, entity or governmental agency supplied or entitled to be supplied with water service for compensation by the utility.

DATE OF PRESENTATION. The billing date as is printed on the bill mailed or delivered to the customer.

DEPARTMENT. The Public Works Department of the city.

DEVELOPER. A person, firm, corporation, partnership, or association who proposes to develop, develops, or causes to be developed real property for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers.

DIRECTOR. The Director of the Public Works Department or his or her duly authorized representative.

ENTERPRISE, WATER ENTERPRISE or WATER UTILITY. The operations that are financed and operated in a manner similar to private business where the intent of the city is to recover the costs of providing the goods or services to the general public on a continuing basis through user charges or where the city desires a periodic determination of net income.

FACILITIES or PUBLIC FACILITIES. Public improvements, public services, and community amenities.

FINANCE DIRECTOR. The Finance Director of the city.

IRRIGATION SERVICE. Provision of water for commercial agricultural, floracultural or horticultural use and billed under distinct irrigation rates.

METERED SERVICE. Service for which the charges are computed on the basis of measured quantities of water.

OWNER. The record or legal owner of the parcel of real property, or the purchaser(s) under contracts of sale.

PREMISES. The integral property or area, including improvements thereon, to which water service is, or is to be, provided.

SERVICE CONNECTION or CONNECTION. The point of connection of the customer's piping or ditch with the meter, service pipe or ditch to the public water system.

SERVICE PIPE. The connection between the utility's mains and the service connection, including all of the pipe, fittings and valves necessary to make the connection.

SERVICE TERRITORY. The city and the unincorporated area of Ventura County contiguous and adjoining the incorporated boundaries of the city.

(Ord. 993, passed 12-18-95)

(A) Rates and charges made and collected in accordance with and under the authority of this chapter must be set and established by the City Council.

(B) Rates and charges shall be as follows:

(C) This section becomes effective 30 days after adoption.

(D) In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City Council has determined that the increases in the water service charges are exempt from CEQA pursuant to Section 15378 and Section 15273 of the CEQA Guidelines and Cal. Public Resources Code § 21080(b)(8) because:

(1) The increased charges are for the purpose of meeting operational and maintenance expenses of the aforementioned services; and

(2) The charges constitute the creation of a funding mechanism/other governmental fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

(Ord. 993, passed 12-18-95; Am. Ord. 1000, passed 6-3-96; Am. Ord. 1084, passed 1-5-04; Am. Ord. 1147, passed 10-17-05; Am. Ord. 1213, passed 8-17-09; Am. Ord. 1287, passed 11-20-19)

(A) From fire hydrants.

(1) Metered service from fire hydrants may be provided for limited periods upon proper applica-tion, subject to the approval of the Director and to all permit requirements of this subchapter of the code. Applicants shall be required to pay for service the actual cost of installing, maintaining, repairing, and removing the meter and appurtenant piping; the actual cost of making any changes in location; the regular established monthly service charge for the installed meter; water used at two times the highest rate established pursuant to § 52.016 herein; and overhead costs as determined by the Finance Director.

(2) Prior to the installation of the temporary meter and service, the applicant shall pay a fee to the city. The amount of the fee shall be established by resolution of the City Council.

(3) All flow of water from the fire hydrant shall be controlled by means of the approved auxiliary valve, unless otherwise specifically authorized by the Director. When such authorization has been granted, the hydrant shall only be operated with an approved spanner wrench.

(4) Any person using a fire hydrant without authorization shall pay to the city a fee set by resolution, in addition to the estimated cost of water that was used and the cost of any repairs needed due to improper operation of the hydrant.

(B) Other. Whenever it is not possible or practical to provide temporary metered service from a fire hydrant, a temporary metered connection may be made to any existing water facility at the discretion of the Director. The conditions of service and application procedures shall be determined by the Director. The City Council shall set the charge for such service by resolution.

(C) Unmetered. For temporary service, where in the opinion of the Director, it is not practical to meter, then the Director shall estimate by any reasonable method the quantity of water served and shall determine a fair and equitable charge therefor. For all unmetered service, however, a minimum charge shall be required. Such minimum charge shall be set by resolution of the City Council.

(Ord. 993, passed 12-18-95)

The city shall conduct tests of available water flows and pressures at various fire hydrant locations in the city if requested to do so by a developer or current or prospective customer within a reasonable time upon the person requesting the test having deposited the required fee with the Director in advance of the test. The fee for performing such tests shall be set by resolution of the City Council.

(Ord. 993, passed 12-18-95)

(A) The owner or developer of property within the service territory requesting a new service connection or an increase in the size of an existing service connection shall pay a water capital facilities fee. The fee shall be paid at the earliest of the issuance of construction permit, certificate of occupancy or installation or modification of the service connection. The fee for an increase in the size of a service connection shall be the difference between the fee for the new size and the fee for the existing size.

(B) The fee shall be established by resolution of the City Council.

(C) This fee shall be in addition to all other fees and charges required by this subchapter.

(D) Specific improvements necessary to adequately supply water services to a service connection may be required by the Director in lieu of or in addition to this fee.

(Ord. 993, passed 12-18-95; Am. Ord. 1058, passed 2-18-03)

(A) Purpose. As Santa Paula grows and develops, agricultural land uses are likely to be converted to urban land uses. The water rights that are now used by that agriculture would then be needed to serve the new urban land uses. This section provides a mechanism by which those agricultural water rights will be dedicated to municipal use, or alternatively a fee paid in lieu of the dedication of those rights when the available rights either are not sufficient to meet the needs of the new land use, or the owner or developer cannot or will not dedicate the required water rights to meet the needs of the new land use. The purpose of the fee is to provide funds for projects to develop or acquire additional water rights or water resources to mitigate the added water demand caused by the land development. Furthermore, the purpose of this fee is to assure that adequate water supplies are available for proposed or intensified developments without adverse impacts to the city's existing customers or new developments. This section also includes a provision for the sharing of water rights for new or existing agriculture located on the remaining portion of any parcel of land that is being developed to assure that existing agriculture located on the parcel is not needlessly or prematurely destroyed due to a lack of water, or that viable new agriculture proposed to be located on the remaining portion of the parcel is not prohibited due to a lack of water.

(B) Definitions. For the purpose of this section, WATER RIGHT shall mean any right held on or after March 7, 1996 to pump ground water pursuant to the judgment in the case of United Water Conservation District vs. City of San Buenaventura (Case No. 115611), or such other water rights that may be available for permanent transfer. Any water right in the Santa Paula Basin to be dedicated to the city shall be determined by the Santa Paula Basin Technical Advisory Committee.

PROJECTED DEMAND FOR WATER. Shall mean the estimated annual quantity of water required to serve the proposed annexation, development or water service connection, as determined by the Director, including an allowance of 25% for potential future increases in the quantity of water required.

(C) Dedication of water rights within city limits.

(1) The owner or developer of any parcel of land, located within or being annexed to the city, shall dedicate all transferable and exercisable water rights attached to said parcel to the city upon any of the following events:

(a) Annexation of said parcel to the city;

(b) The granting of any development entitlement by the city for any land use, other than agriculture, upon said parcel;

(c) The construction or enlargement of any service connection to said parcel from the city water enterprise.

(2) In the event that any water rights attached to said parcel have been sold or transferred to anyone other than the city on or after March 7, 1996, the owner or developer of said parcel shall, to the extent feasible, obtain at his or her sole expense, equivalent water rights and dedicate said rights to the city.

(3) In the event that the water rights serve more land than the land or parcel to be annexed, developed or to receive a water service connection, the water rights to be dedicated shall be determined by proration on the basis of the historical water usage of the various lands or parcels served. If it is not feasible to prorate the water rights on the basis of historical water usage, then the proration shall be made on the basis of the irrigated land areas of the various lands or parcels served.

(4) In the event that the water rights are held by an association, water company or agency on behalf of the property owner or developer and said association, water company or agency cannot or will not dedicate the required water rights to the city, the owner or developer of said parcel shall, to the extent feasible, obtain at his or her sole expense equivalent water rights and dedicate said rights to the city.

(5) In the event that the dedicated water rights are not sufficient to meet the projected demand for water, including the demand for water needed to serve any remaining agriculture as provided in division (C)(7) below, by said parcel or in the event that there are no water rights attached to said parcel, or in the event that it is not feasible to obtain equivalent water rights as required by divisions (C)(2) or (C)(4) above, the owner or developer shall pay a water resource in-lieu fee, as established in division (E) below, to the city based upon that portion of the projected demand for water that is not met by the dedicated water rights.

(6) In the event that the dedicated water rights exceed the projected demand for water by said parcel, a credit shall be issued against the various fees and charges due to the city under this chapter. The credit shall be equal to the water resources in-lieu fee, as established in division (E) herein applicable to that portion of the dedicated water rights in excess of the projected demand for water.

(7) In the event a parcel has an active or inactive meter, the property owner/developer may request water demand credits.

(8) In the event that the dedicated water rights are needed to continue to serve agriculture remaining on any undeveloped or residual portion of the land or parcel, including any new agricultural development proposed on said land or parcel, the city shall enter into an agreement with the property owner or developer for the shared use of the dedicated water rights, provided the water is to be used only on said land or parcel and provided the quantity of water to be used and the type of agriculture to be served is reasonable and appropriate.

(9) In the event that the dedicated water rights are needed to serve agriculture remaining on said land on an interim basis until said land is converted to non-agricultural use, the city may enter into an agreement with the property owner or developer for the shared use of the dedicated water rights until such time as the agricultural use is terminated.

(10) In the event that the dedicated water rights are needed to supply water to a proposed non-potable water distribution system intended to supply water for irrigation purposes to public or private landscaping on said land, the city may enter into an agreement with the property owner or developer for the shared use of the dedicated water rights. In the event that the property to be developed has an active or inactive water meter, a water demand credit, as determined by the Director, may be provided.

(a) An active water meter is a city meter which has a historical usage for at least 12 consecutive months in the last 10 years prior to the issuance date of the development. The water demand credit may be the average annual use of the same meter size and customer class of the meter.

(b) An active meter is a city meter that was available to serve the property but there was not 12 consecutive months of metered use in the past 10 years prior to the issuance date of the development entitlement for the proposed development and the customer has paid the city's fixed monthly charges up to the issuance date of the development entitlement for the proposed development. The water demand credit may be half the average annual use of the same meter size and customer class of the meter.

(c) In the event that there is no meter serving the property, no water demand credit will be provided.

(11) The addition of water demands to an active or inactive meter that does not increase the water meter size, as determined by the Director, is exempt from the requirements of this chapter.

(D) Dedication of water rights outside city limits.

(1) The owner of, or developer of, any parcel of land located outside the limits of the city shall dedicate sufficient water rights to the city to meet the projected demand for water of any new or enlarged service connection constructed to said parcel from the city water enterprise.

(2) In the event that the water rights are held by an association, water company or agency on behalf of the property owner or developer and said association, water company or agency cannot or will not dedicate the required water rights to the city, the owner or developer of said parcel shall, to the extent feasible, obtain at his or her sole expense equivalent water rights and dedicate said rights to the city.

(3) In the event that the water rights attached to said parcel are not sufficient for said dedication and that said water rights have been sold or transferred to anyone other than the city on or after March 7, 1996, the owner or developer of said parcel shall, to the extent feasible, obtain at his or her sole expense, equivalent water rights and dedicate said rights to the city.

(4) In the event that the dedicated water rights are not sufficient to meet the projected demand for water by said parcel, or in the event that there are no water rights attached to said parcel, the owner or developer shall pay a water resource in-lieu fee, as established in division (E), to the city based upon that portion of the water demand that is not met by the dedicated water rights.

(E) Water resource in-lieu fee imposed.

(1) The City Council has established a water resource in-lieu fee by resolution. The fee shall be imposed in accordance with this section. The proceeds of the fee shall be retained in a separate account and shall be used for capital projects, including associated engineering, environmental review, and legal and administrative costs, that will generate additional water resources or water rights for use by the water enterprise. Those projects may include, but are not limited to, the purchase of water rights, construction of projects to import state water or other water, construction of projects to increase groundwater recharge, and construction of projects to use reclaimed water in-lieu of existing water demand. The projected water demand and the amount of the resulting fee shall be calculated by the director, using factors contained in the resolution. The water resource in-lieu fee shall be in addition to all other fees and charges required by this chapter.

(2) In the event that a fee resolution has not been adopted, the director shall collect a deposit in the amount established in the prior resolution for the estimated annual water demand in excess of the water rights dedicated to the city. The deposit shall be applied to the fee upon adoption of the resolution. Any amount in excess of the adopted fee shall be refunded to the person who paid the deposit.

(3) Effective on July 1 of each year, the fee amount established in the resolution will be increased by 5.4% per year which represents the growth rate pumping right sales in the Santa Paula Basin from 2006 to 2015 until a new resolution is adopted.

(F) Appeal process.

(1) Any proposed development applicant (Applicant) who does not agree with the fee calculated for their proposed development pursuant to this chapter shall have the right to appeal.

(2) The appeal must be in writing, legible, and received by the director within 15 days of the determination of the fee submitted to the applicant. The written request for appeal shall include:

(a) A description of the reason for the appeal;

(b) Evidence supporting the appeal; and

(c) A suggestion for resolution for the dispute, if any.

(3) Within 15 calendar days of receipt of the written appeal, the director will notify the applicant of confirmation of the receipt of the appeal and a timeline for the director's written independent determination of the fee.

(4) The director's determination may be appealed in writing to the City Manager within 15 calendar days of the mailing of the director's determination. The appeal of the director's determination shall be heard and considered by the City Manager at a time and place set by the City Manager within 30 calendar days from the City Manager's receipt of an appeal, but no public hearing is required. The City Manager shall provide the applicant notice of the time and place for the appeal hearing at the address listed in the appeal filed by the applicant. The City Manager may, in his or her discretion, affirm, reverse or modify the determination accordingly. The City Manager's decision shall be final.

(Ord. 1058, passed 2-18-03; Am. Ord. 1270, passed 4-17-17)

The City Manager, or designee, is authorized to provide potable water service to real property located outside of the city's jurisdictional boundaries that meet the following criteria:

(A) The real property is located within the city's existing service area including, without limitation, such area acquired pursuant to the final order entered January 2, 1996 in the case captioned City of Santa Paula v. Santa Paula Water Works, Ltd., Ventura County Superior Court Case No. 157925;

(B) The city can supply water service without extending the city's existing water distribution mains;

(C) Water service would be provided to an existing, or proposed, single-family dwelling unit or second unit that is located on an existing lot recorded in the Ventura County Recorder's office before the date that the city receives a request for water service; or

(D) The use is a low water consuming commercial or industrial use, as determined by the Public Works Director, provided that:

(1) The use meets the zoning and land use requirements of the County of Ventura;

(2) The use does not require a land division of five or more parcels regardless of whether the land division is accomplished by a subdivision map or parcel map;

(3) The use is consistent with the Santa Paula General Plan, other land use policies, and does not include irrigated agricultural cultivation; and

(4) The use does not require a water meter larger than three-fourths inch.

(Ord. 1171, passed 1-7-08)

If the city can provide extraterritorial water service, persons seeking such water service must comply with the following requirements:

(A) Persons seeking water service must own the real property to which water service would be provided;

(B) All public improvements and facilities needed to deliver water to the real property must be constructed or installed in accordance with the city's standard specifications including, without limitation, regulations for water saving devices, and without cost to the city;

(C) Property owners must enter into an agreement with the city in a form approved by the City Attorney and recorded against the real property that:

(1) Sets forth the terms and conditions under which water service is being provided to the property;

(2) Includes the owner's waiver of any right to protest annexation of the real property to the city's jurisdiction;

(3) Reimburses the city for all costs and expenses associated with providing extraterritorial water service, including, without limitation, administrative costs and attorneys fees incurred in connection with proceedings before the Ventura Local Agency Formation Commission that are required to obtain Commission approval to the extension of water service to the property; and

(4) Reimburses the city for all costs and expenses including, without limitation, administrative costs and attorneys fees, associated with proceedings before the Ventura Local Agency Formation Commission that are required to annex the property to the city's jurisdiction where the real property is contiguous to the city's incorporated boundaries.

(Ord. 1171, passed 1-7-08)

(A) New services and meters. Each person desiring the installation of a new service and meter shall make application in the form and manner prescribed by the Director. The size of the service and meter shall be subject to approval by the city. If a water distribution main is available adjacent to the property, the city shall install a service and meter at a reasonable location. If a water distribution main is not available adjacent to the property, then the city may either require the installation of a water main at the applicant's expense or may install a service and meter adjacent to the nearest available main, in which case it shall be the responsibility of the applicant to obtain easements and install necessary service lines to the property. The charges for installing each new service and meter, which amount shall be paid in advance by the applicant, shall be as set from time to time by resolution of the City Council.

(B) Changes in location and/or size.

(1) When a change in location of an existing service and meter is requested by a property owner, or when a change in location is required by the city because of some act or omission of a property owner or customer, the charge, payable in advance, shall be the charge for installing a new service and meter.

(2) When a decrease in size of an existing meter at the same location is requested by a property owner, the smaller meter shall be installed, provided that the requested meter is determined by the city to be of adequate size. The property owner shall pay a fee for this service which shall be established by resolution of the City Council.

(3) When a decrease in size of an existing meter at a different location is requested by a property owner, or when an increase in size of an existing meter at the same or a different location is requested or is required by the city, the charge, payable in advance, shall be the total installation fee for the new size.

(C) Ownership of services and meters.

(1) All services and meters shall be owned by the city. The expense of maintenance repair and renewal due to normal wear and tear shall be borne by the city except that expenses incurred by any act or omission on the part of the customer, or the customer's family, employees, agents, or tenants shall be charged to the customer. All meters will be sealed by the city at the time of installation and no seal should be altered or broken except by one of its authorized employees.

(2) All connections to services and meters shall be in a manner prescribed by the Director. Substandard connections or the installation of any private or non-city approved materials within meter boxes or vaults shall be corrected or removed within 30 days of mailing of notice by registered mail to the owner of record of the water service. Failure to comply may result in discontinued service.

(D) Removal or abandonment of services and/or meters. The city reserves the right to remove or abandon any service and/or meter for which no person has made application and through which no water has legally passed during the preceding 18 months. If the meter only is removed and the service left intact, and application is subsequently made for a meter of the same size, then the city shall reset a meter. The charge, payable in advance, shall be the installation cost for that size meter. If the meter is removed and the service abandoned, and application is subsequently made for a meter of the same or different size, then the charge payable in advance, shall be the total installation cost and capital facility fees for the requested size.

(E) Location of water meters. Water meters shall be located in or adjacent to the public right-of-way. Existing meters not so located shall be relocated at the option of the city which shall bear all costs for such relocations except those associated with the customer's connection to the relocated meters.

(F) Oversize services.

(1) An oversize service connection may be approved by the Director for any residence on an agricultural property for which a larger service is needed to support agricultural operations occurring on an infrequent basis, not including agricultural irrigation, or for any residence located in an area which is subject to the threat of wildfires, for which a fire service standpipe is required by the local fire department or for other similar uses requiring high flows for short or infrequent periods of time, as approved by the Director.

(2) The monthly fees and charges for an oversize service connection shall be determined by the Director on the basis of an equivalent meter size. In making that determination, the director may consider the size and use of the property and the buildings thereon, the prior year's water consumption, if any, and any other relevant factors. The equivalent meter size shall be reviewed annually and revised as found necessary by the Director. Any charges for installation of the service or for the installation of a new or replacement meter shall be based upon the actual size of the service or meter. The water capital facilities fee and the water resource in-lieu fee shall be based upon the equivalent meter size determined and the use of the property at the time the service is installed.

(3) High precision water meters shall be used on all oversize service connections. Any additional costs above that of an ordinary meter of the equivalent meter size, as determined in division (B) above, shall be the responsibility of the customer.

(4) Oversize Service Connections shall be limited to water services with an actual water meter size of 1½ inches or two inches. After the first year of service, the equivalent meter size to be used to determine monthly fees and charges as described in division (F)(2) above shall be determined on the basis of the prior 12 month's consumption as shown in the following table:

(Ord. 993, passed 12-18-95; Am. Ord. 1058, passed 2-18-03)

(A) Application and installation.

(1) Each person desiring service from a new or existing automatic fire line shall make application and pay a fee to the city as provided elsewhere in this subchapter. The applicant shall agree that no water shall be used through the fire service except that which is reasonably related to fire protection and shall agree to permit employees of the city upon proper identification to enter the premises to make inspections and tests of the fire system.

(2) The city assumes no responsibility for loss or damage because of lack of water or pressure and shall merely furnish such quantities and pressure as are available in its distribution system. The service is subject to shutdown and variations required by the operation of the system.

(3) Applicants for new fire service installa-tions shall pay the appropriate installation fee. Prior to commencing such work, the Director shall calcu-late the charge and the applicant shall pay to the city said charge. All fire service connections and by-pass meters shall be the property of the city. Backflow prevention devices, water valves and piping after the service connection to the water main shall be the property of the applicant.

(4) All connections to automatic fire services shall be in a manner prescribed by the Director. Substandard connections or the installation of any private non-city approved materials within the appurtenant fire service facilities shall be corrected or removed within 30 days of mailing of notice by registered mail to the owner of record of the auto-matic fire service. Failure to comply may result in discontinued service.

(5) All new and existing automatic fire service installation connections must be inspected and approved by the city prior to commencement of service.

(B) Charges for service. The standby charge for automatic fire service shall be set from time to time by resolution of the City Council. No additional charge shall be made for water used when in the opinion of the Director such usage is reasonably related to fire protection.

(C) Misuse of fire service. When in the opinion of the Director, water is used which is not reasonably related to fire protection, double the established monthly charges shall apply until such usage is abated. Should any customer fail to abate the usage of water not related to fire protection within a reasonable period, the city may discontinue the fire service. The customer shall be notified of such discontinuance and the city shall be held free from liability for loss or damage as a result of such shutoff. Services shall not be resumed until the customer has established to the satisfaction of the Director that adequate provisions have been made to prevent further unauthorized use of water and has paid all outstanding standby charges, plus a turn on charge as described in § 52.033. In case of fire services which do not have approved backflow prevention devices, the Director may also require the installation of such a device at the customer's expense prior to resuming service.

(Ord. 993, passed 12-18-95)

(A) (1) At the time of the laying out or the subdividing or resubdividing of tracts of parcels of land within the city or at the time of the development of such parcels of land previously subdivided, the owner of the said tracts or parcels of land shall lay, at the expense of said owner in streets or along rights-of-way dedicated to public use, all water mains, sub-mains, laterals, transmission, distribution, production, transfer and storage facilities as determined by the Director as necessary to serve water to the said lands and to each and every lot and parcel thereof and the same shall thereupon become the property of the city and dedicated to the public use for the purpose of distributing water.

(2) Before the work of installing such mains, submains and laterals shall be commenced, the said owner proposing to install the same shall submit a detailed plan or plans of the work to be done, showing upon a map or maps drawn to a suitable scale, the streets or public ways within which said mains, sub-mains and laterals are to be laid. There shall also accompany said map specifications showing the size and grade of pipe and fittings to be used including valves and hydrants. Such plans must be in an approved format and scale and in conformity with this code, the standards of the city, and with all the ordinances and rules existing in the city at the time of said contemplated installation, including the current construction standards of the city and none of the actual work of said installation shall be proceeded with until the said map or maps and specifications shall have been officially approved by the Director.

(3) The city may establish fees for the checking or preparation of plans and for the inspection, administration or construction of improvements.

(B) The owner of said lands may apply to the city to have the city furnish the necessary materials and labor to install the pipe lines. Upon payment of a sufficient amount to defray expenses of such lines and the availability of city forces as determined by the Director, the Department of Public Works may proceed with the work of installing said lines, keeping all cost data for labor and materials. Any excess remaining over and above said costs, plus overhead costs as determined by the Finance Director, shall be returned to said owner. In the event that the amount deposited with the Director is insufficient to meet the cost of said materials and labor, plus overhead costs thereof, the owner shall pay the difference between such costs and the amount previously deposited.

(Ord. 993, passed 12-18-95)

The title to all the said water pipes shall remain vested in the city as a part of the water distributing system of said city.

(Ord. 993, passed 12-18-95)

No subdivision or resubdivision, or plat, or any tract within the city shall be accepted by the City Council and approved unless and until the necessary and required arrangements with regard to water service therein, under the terms of this subchapter, shall have been financially arranged and approved by the Director.

(Ord. 993, passed 12-18-95)

All work and materials used, incident to the installation of water distributing pipe within such subdivision, shall be inspected by the city and the city may reject any work done or any materials used and require new or for other work to be done or other materials used.

(Ord. 993, passed 12-18-95)

(A) Any customer shall have the right to demand that the meter through which water is being furnished be examined and tested by the city for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it.

(B) Upon application and within a reasonable period of time, the city will cause said meter to be examined and tested during normal business hours for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it.

(C) For any size meter, if the test proves the meter is not within plus or minus three percent of the American Water Works Standards, adjustments will be made to the water charges on the customer's most current utilities bill.

(D) Adjustments to bills for inaccurate meters will be for a maximum period of one year prior to the date of the test.

(E) If the customer is not satisfied with tests performed by the city, the meter shall be tested by the manufacturer. The customer must pay all costs of such further tests in advance.

(Ord. 993, passed 12-18-95)

No person, other than the authorized agents or employees of the city, shall turn on water or operate the shut-off valve at meters, fire hydrants, or any other city water facilities without the consent of the city. A fee set by resolution of the City Council shall be charged to any customer who causes or allows the meter shut-off valve or appurtenant piping to be damaged by unauthorized operation of the meter. This fee shall be doubled if the repair cannot be completed during normal business hours. Any negligent damage to the meter shut-off valve or appurtenant piping during unauthorized operation by the customer or the customer's agent shall be repaired at the expense of the customer.

(Ord. 993, passed 12-18-95) Penalty, see § 52.999

The city shall not be required to maintain or read submeters in any building for the purpose of giving information to the owner of said building as to the use of water by individual tenants. This provision shall not prevent any property owner from applying for and having installed at the regular rate, as many meters as may be desired to measure water to individual tenants. All such meters installed will be billed to the property owner.

(Ord. 993, passed 12-18-95)

(A) No connection shall be made for the purpose of supplying through a common structure two or more independent customers occupying premises held under the same ownership, unless the houses are on the same lot or the property is what is known as a court or apartment house covering more than one lot. No physical connection shall be made through water pipes, to any abutting property, except in case of a court or apartment house as herein stated.

(B) Where a customer has more than one service serving one or more pieces of property, whether adjacent or separated, the applicable minimum charge shall be charged for each individual meter or service.

(Ord. 993, passed 12-18-95)

No customers shall supply water to any person other than the occupant of the premises of said customer, except that water may be supplied to any contractor for construction use for the customer or water may be supplied to water vending machines on the customer's property. The customer shall be solely responsible for all bills accruing and the city shall not be required to make collections from or enter into any agreement with the contracting or water vending machine operator and the customer.

(Ord. 993, passed 12-18-95) Penalty, see § 52.999

Customers shall install an appropriate shutoff inside of property lines at a location accessible in case of emergency. If the city is required to shutoff the water for an on-property leak due to the failure to use, lack of, or inoperability of the emergency shutoffs, then charges as described in § 52.033 of this subchapter shall apply to each trip to the property.

(Ord. 993, passed 12-18-95)

No person shall lawfully or neglectfully waste water in any manner whatsoever. Continued wasting of water after mailing of notice by registered mail to the customer of record at the mailing address of record by the Director may result in discontinued water service.

(Ord. 993, passed 12-18-95) Penalty, see § 52.999

The city may at any time order the water shutoff from any premises connected with the city mains without notice for repairs, extensions or other necessary purposes.

(Ord. 993, passed 12-18-95)

No person shall place upon or about any fire hydrant, gate-valve, manhole, stopcock, meter or meter box connected with the water pipes of the system of waterworks of the city, any object, materials, debris, or structure of any kind so as to prevent free access to the same at all times. Upon notice by the city, the owner or person responsible for the placement of such material shall immediately remove same.

(Ord. 993, passed 12-18-95) Penalty, see § 52.999

Customers shall be required to pay for all water lost through failure to keep plumbing in repair, and the Public Works Department shall not be required to adjust excessive statements incurred by customer in such a way.

(Ord. 993, passed 12-18-95)

Fire hydrants are provided for the purposes of extinguishing fires and accessing and flushing the water system. Fire hydrants are to be opened and used only by the city or the Fire Department of the city, or by such persons as may be authorized by the Director in accordance with § 52.018 of this subchapter.

(Ord. 993, passed 12-18-95)

No person shall use water from any service, fire hydrant, automatic fire service, blow-off valve, or any other public works facility without first obtaining permission of the city. Any unauthorized use of water shall be charged at the rates described in § 52.018.

(Ord. 993, passed 12-18-95) Penalty, see § 52.999

GROUNDWATER CONSERVATION

It is the purpose of this subchapter to provide for the construction, maintenance, operation, use, repair, modification, and destruction of wells within the city in such a manner that the groundwater of the county will not be contaminated or polluted, and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of the county.

(‘81 Code, § 8.40.010) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

Statutory reference:

Water wells, see Cal. Water Code §§ 13700 et seq.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED WELL. Any of the following:

(1) A water well used less than eight hours in any 12-month period;

(2) A monitoring well from which no monitoring data has been taken for a period of two years;

(3) A well which is in such a state of disrepair that it cannot be made functional for its original use or any other use regulated by this subchapter within six months or such other shorter or longer period as determined by the Director depending on well condition and the risk of the aquifer;

(4) An engineering test hole where 24 hours has elapsed after construction and testing work has been completed on the site;

(5) A cathodic protection well which is no longer used for its intended purpose; or

(6) A water well for which annual reports of well usage pursuant to § 52.073.

ACTIVE WELL. A water well that has operated for at least eight hours during a calendar year, a monitoring well from which data has been collected at least once during the past two years, or a cathodic protection well maintained and utilized for its intended purpose.

ACRE-FOOT. The volume of water necessary to cover one acre to a depth of one foot; equal to 43,560 cubic feet or 325,851 gallons.

AGENCY. Ventura County Public Works Agency.

AQUITARD. A confining bed and/or formation composed of rock or sediment that retards but does not prevent the flow of water to or from an adjacent aquifer and that does not readily yield water to wells or springs but stores groundwater.

AQUIFER. A body of rock or sediment that is sufficiently porous and permeable to store, transmit, and yield significant or economic quantities of groundwater to wells and springs.

APPLICANT. The well owner or the well owner's authorized representative.

ARTESIAN PRESSURE. Hydrostatic pressure of artesian water, often expressed in terms of pounds per square inch, or the height, in feet above land surface, of a column of water that would be supported by the pressure and which pressure may cause water to flow from the well.

BASIN. A groundwater basin or subbasin identified and defined in the latest State of California Department of Water Resources' (DWR) Bulletin No. 118.

BACKUP WELL or STANDBY WELL. A well that is not the primary well, but is a well used to provide supplemental water when the primary well is out of service or not fully functional. The backup well shall not be used to initiate any new use or increased use of groundwater, and must meet the minimum requirements for an active status well.

CAN'T LOCATE WELL. Classification assigned to a well which the owner cannot locate.

CAN'T LOCATE REPORT WELL. Classification assigned to a well for which the owner has conducted a well search according to the County's Well Location Procedures, and submitted a report documenting the search efforts and results.

CATHODIC PROTECTION WELL. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection. (Water Code § 13711)

CERTIFICATE OF COMPLETION. A certificate prepared by the county documenting that a well condition inspection has been conducted by a registered inspector and a well condition inspection report has been prepared and deemed satisfactory by the county.

CITY. The City of Santa Paula.

CITY INSPECTOR. A person authorized by the Director to inspect all work for which a permit is issued pursuant to this subchapter.

COMMUNITY WATER SUPPLY WELL. Any water well which provides water for public water systems as defined in Cal. Health & Safety Code § 116275.

COMPLETION OPERATION. Any of the following work conducted after artificial excavation:

(1) Placement of a well casing;

(2) Gravel packing;

(3) Sealing;

(4) Perforation of a well casing; or

(5) Any other work listed on a permit issued pursuant to this subchapter as being a required part of a completion operation.

CONFINED AQUIFER. An aquifer that is bounded above and below by formations of distinctly lower permeability than that of the aquifer itself, or an aquifer containing confined groundwater.

CONTAMINANT. Any substance or property preventing the use or reducing the usability of water for ordinary purposes such as drinking, preparing food, bathing, washing, recreation, and cooling, or any solute or cause of change in physical properties that renders water unfit for a given use.

COUNTY INSPECTOR. A person authorized by the Agency to inspect permitted work.

DE MINIMUS EXTRACTOR. A person who extracts, for domestic purposes, two acre-feet or less per year.

DEPARTMENT. The Public Works Department of the city.

DESTROY A WELL. To fill it (including both interior and annular spaces if the well is cased) completely in such a manner that it will not produce water or act as a conduit for the interchange of water between any water-bearing formations penetrated.

DIRECTOR. The director of the department or his or her duly authorized representative.

ENGINEERS TEST HOLE. An uncased excavation used to determine the engineering or geological properties of subsurface materials by seismic investigation, direct observation or any other means.

EXEMPT WELL. An abandoned well for which a well condition inspection report has been conducted and a certificate of exemption has been approved by the County of Ventura.

FLOWMETER. A manufactured instrument for accurately measuring and recording the volume of water pumped from a well or wells.

GOOD STATE OF REPAIR. A well whose condition is adequate to perform its intended function without allowing contaminants to migrate between zones of water bearing sediments where one or more zones contain water of different quality and where the well has a physical barrier that prevents surface water contaminants from entering groundwater.

GROUNDWATER. Water beneath the surface of the earth within a zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels.

GROUNDWATER BASIN. An alluvial aquifer or a stacked series of alluvial aquifers with reasonably well-defined boundaries in a lateral direction and having a definable bottom.

INDIVIDUAL DOMESTIC WELL. Any water well used to supply water for domestic needs of an individual residence, commercial establishment, or farming operation.

INSPECT A WELL. To personally witness, record and certify work pursuant to a condition or conditions of a valid permit.

MODIFY OR REPAIR A WELL. To replace its casing in a manner which involves removal or partial removal of the old casing, to reperforate its casing, to install a liner in the well, or to change the depth of the well.

MONITORING WELL. Any artificial excava-tion by any method for the purpose of monitoring fluctuations in groundwater levels, quality of underground waters, or the concentration of contaminants in underground waters.

NON-COMPLIANT WELL. An abandoned well for which the owner does not repair and reuse, destroy or obtain a certificate of exemption.

OWNERSHIP OF A WELL. The person who is assessed as the owner of the well by the County Assessor or, if the well is not separately assessed, the person who owns the land upon which the well is located as shown on the latest equalized assessment roll of the County Assessor.

PERSON. An individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution. (Cal. Health and Safety Code § 116275(g))

POLLUTION. An alteration of waters by waste, salt water intrusion or other material to a degree which adversely affects either the suitability of such waters for beneficial uses or the facilities employed in conjunction with such beneficial uses.

POSSESSES A WELL. In actual possession of the well or has a legal right to the possession thereof.

REGISTERED INSPECTOR. A civil engineer or a professional geologist possessing a current license in the State of California and approved by the Agency. Registered inspectors are required to inspect drilling and sealing operations for engineering test holes and monitoring wells and for the determinations in connection with a certificate of exemption. A technician trained and experienced in drilling and sealing operations who is working under the direct supervision of one of the aforementioned professionals may be deemed qualified to perform required inspection(s) provided one of the aforementioned professionals reviews the well condition inspection report and assumes responsibility for the accuracy and completeness of the work by signing the well condition inspection report.

REPLACEMENT WELL. A new well that replaces a well but does not increase the former well's capacity. Well capacity means the name plate performance rating for the existing well equipment or the well's documented historical production.

UNCONFINED AQUIFER. An aquifer which is not bounded on top by an aquitard and the upper surface of which is the water table.

UNSATURATED ZONE. The zone below the land surface in which pore space contains both water and air.

WATER WELL. Any artificial excavation constructed by any method for the purpose of deter- mining the availability of water, extracting water from or injecting water into the underground, except the following:

(1) Oil wells, gas wells, and geothermal wells constructed under the jurisdiction of the State of California Department of Conservation, except those wells converted to use as water wells;

(2) Wells used exclusively for the purposes of dewatering excavation during construction or of stabilizing hillsides or earth embankments (Cal. Water Code § 13710); and

(3) Seepage pits approved for use under permit from the department.

WELL. Includes a cathodic protection well, engineer test hole, monitoring well or water well.

WELL COMPLETION REPORT. A required, confidential report detailing the construction, alteration, abandonment, or destruction of any water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well. The reports were called water well drillers' reports prior to 1991 and are often referred to as "driller's logs." The report requirements are described in Cal. Water Code § 13751.

WELL CONDITION INSPECTION REPORT. A report documenting the integrity of a well and its associated components pursuant to § 52.066.

WELL FIELD. Two or more water wells located in close proximity or area, and that extract groundwater.

WELLHEAD PROTECTION AREA. The surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field.

(‘81 Code, § 8.40.020) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

No person shall, within the city, construct, repair, modify or destroy any cathodic protection well which is over 50 feet deep, any engineering test hole which is over 50 feet deep, any monitoring well, or any water well unless such work is done pursuant to and in compliance with an unexpired written permit for such work issued by the department as provided in this subchapter. Additionally, for any cathodic protection well or engineering test hole, if groundwater is encountered (or expected to be encountered) shallower than 50 feet deep, a permit is required. A copy of the approved permit shall be made available for inspection on the job site during any work authorized by the permit.

(‘81 Code, § 8.40.030) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999

(A) Types of permits for water wells:

(1) Permits for construction, modification, replacement, and repair of all water wells.

(2) Permits for destruction of all wells, except engineering test holes which shall be destroyed immediately after completion of testing in compliance with § 52.066(E).

(3) Annual permits for one or more engineering test holes which are over 50 feet deep and which are inspected by registered inspectors.

(B) Applications for permits shall be made to the Agency, and shall include the following:

(1) A vicinity map showing the location of the property on which the well is located;

(2) A plot plan indicating the exact location of the well with respect to the following items within a radius of 500 feet of the well:

(a) Approximate property lines;

(b) Sewage disposal systems or works carrying or containing sewage;

(c) All intermittent or perennial, natural or artificial water bodies or water courses;

(d) Drainage pattern of the property;

(e) Existing wells of all types, regardless of whether they are subject to regulation under this subchapter; and

(f) Access roads.

(3) Name of the person who will perform the work on the well;

(4) Name and affiliation of registered inspector, when a registered inspector will be utilized;

(5) Proposed depth of well;

(6) Proposed use of well;

(7) Proof that the person who will construct the well is in possession of a valid license in accordance with the Contractor's License Law; and

(8) Such other information as the Agency may deem necessary in order to determine whether underground waters will be protected.

(C) Permits shall be issued or denied within 15 days after the day on which the completed applications are received by the Department.

(‘81 Code, § 8.40.040) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

Permits shall require compliance with all applicable standards set forth in § 52.064. A permit to be valid must comply with all other applicable provisions of law. A permit shall expire six months from the date of issuance unless it is extended by the director. The director may grant one or more extensions of a permit, each for a period not to exceed six months, if the permittee proves to the satisfaction of the director that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date. Annual permits for engineering tests holes shall expire one year from the date of issuance and shall not be extended.

(‘81 Code, § 8.40.050) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999

The permittee shall complete work authorized by the permit and satisfy all the requirements of the permit prior to the expiration date of the permit or any extension.

(‘81 Code, § 8.40.060) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999

Prior to the issuance of a permit or any extension thereof, the applicant may be required to post with the Agency a cash deposit or bond to guarantee compliance with the provisions of this subchapter and the applicable permit, such cash or bond to be in an amount deemed necessary by the Agency to remedy improper work, but not in excess of the total estimated cost of the permitted work.

(‘81 Code, § 8.40.070) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

No person shall perform any work, either on such person’s own property or on the property of another, for which a permit is required by § 52.057 unless such person is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors License Law (Cal. Bus. & Prof. Code Chapter 9, commencing with § 7000 of Division 3 of the Cal. Bus. and Prof. Code) and is registered with the department to perform work permitted by this subchapter. Licensed water well contractors (Class C-57) registered with the Agency may perform all types of permitted work while licensed engineering contractors (Class A) and limited specialty contractors (Class C-61) registered with the Agency may only perform work permitted by their license. An application for registration with the Agency shall include a copy of the applicable license and a copy of a certificate of workers’ compensation insurance. The registration shall expire automatically on the expiration date indicated on the copy of the license or the expiration date indicated on the copy of the certificate of workers’ compensation insurance submitted with the application, whichever expiration date is earlier.

(‘81 Code, § 8.40.080) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999

(A) Any permit issued pursuant to § 52.057 is subject to suspension or termination prior to expiration as provided in this section:

(1) Grounds. Any of the following occurrences constitutes a ground for termination of the permit:

(a) Suspension, revocation or termination of the license required by § 52.062 of the person who is to perform the work; or

(b) Failure of such person to comply with any provision of Cal. Lab. Code § 3800; or

(c) Failure of such person or of any person who owns or possesses the well to comply with any provision of this subchapter or any permit issued pursuant thereto.

(2) Notice. To initiate proceedings to terminate a permit, the director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for termina-tion, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing the proposed grounds for evidence do not exist, and shall state that failure to appear and present such evidence may result in termination of the permit.

(3) Hearing. The director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there are grounds for suspension. The determination of the director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based. If it is determined that there is grounds for termination, the director shall terminate the permit; provided, however, that the director shall have the discretion not to terminate the permit if the director determines that the occurrence which gave rise to the grounds for termination was not willful, is not ongoing and is not likely to recur.

(4) Prehearing suspension. The director may suspend a permit prior to the hearing when the director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The director shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the director makes a final determination based upon the hearing; provided, however, that the director may rescind the suspension at any earlier time at which the director determines that it is no longer necessary.

(B) This section shall not deprive the director or the county of the authority to pursue any other action or remedy otherwise available under the law.

(‘81 Code, § 8.40.090) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

(A) Standards for construction, repair, modification or destruction of wells shall be those set forth in the Department of Water Resources, California Well Standards Bulletins Nos. 74-81 and 74-90, and Ventura County Water Well Standards Bulletin No. 74-9.

(B) Exceptions.

(1) The Agency may adopt additional or more stringent standards to be applicable in any or all zones of the city as delineated in aforementioned Bulletin No. 74-9.

(2) All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. If a pipe is provided, it shall be installed at a height equal to the pump slab, shall be kept sealed, and shall be provided with a threaded or other secure cap. Equivalent protection for excluding contaminants from entering the well shall be provided for subsurface pump discharge installations. If an air relief vent is used, it shall terminate downward and be screened with 16 mesh screen to prevent contaminants from entering the vent.

(3) Every new, repaired or modified community water supply well or individual domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substance and shall be thoroughly disinfected utilizing the procedures set forth in Appendix C of the aforementioned Bulletin No. 74-81.

(4) All wells shall be constructed with a sounding tube, tap hole with plug, or similar access for water level measuring equipment. For wells fitted with a well cap, the cap shall have a removable plug for this purpose. (State of California Department of Water Resources' Bulletin No.74-81.) Well discharge piping shall contain a water sampling port or valve for water quality sampling. Every new water well shall be equipped with a flowmeter. This flowmeter requirement does not apply to de minimis extractors. For those required to have flowmeters, flowmeters will be calibrated and a report submitted to the Agency at a minimum of every three years. The specifications for flowmeter calibration are set forth in Appendix 1. Substitution of comparable flowmeter calibration specifications may be approved upon review by the director.

(5) Engineering test holes deeper than 50 feet shall be destroyed within one working day upon completion of testing by complete filling and/or sealing of the borehole in accordance with criteria established by the Agency. The Agency may waive complete sealing if the permittee demonstrates to the director's satisfaction that the purpose of this subchapter as set forth in § 52.055 will be satisfied.

(6) All pump discharge pipes not discharging or open to the atmosphere shall be equipped with an automatic device to prevent backflow and/or siphonage into a well. Specific backflow prevention measures are required for drinking water supply wells as prescribed in Title 17, Public Health, Cal. Code of Regulations (§§ 7583-7565 and 7601-7605), effective June 25, 1987. (State of California Department of Water Resources' Well Standard Bulletin No. 74-90). Irrigation well systems, including those used for landscape irrigation and other well systems that employ, or which have been modified to employ, chemical feeders or injectors, shall be equipped with a backflow prevention device (State of California Department of Water Resources' Well Standard Bulletin No.74-90). A check valve may also be utilized to meet this backflow prevention requirement.

(7) For irrigation and industrial wells chemicals of any type are not to be injected, pumped or poured into the well with the exception of disinfectants following any well rehabilitation work. Rehabilitation work may include use of chemicals to clean or remove scale from the well casing and gravel pack (if installed). Chemicals used for disinfection of groundwater extracted from the well shall be injected downstream from a backflow prevention device. Continuous injection or drip of chemicals into the well is prohibited.

(8) No well, regardless of status, shall be left unattended without a cap that has been constructed to prevent the accidental access to the well by a person or animal, or have an opening that allows the well to be susceptible to contaminants or pollution.

(9) All wells shall be located an adequate horizontal distance from potential sources of contamination and pollution as specified in the Department of Water Resources, California Well Standards Bulletins No. 74-81, § 8.A.

(‘81 Code, § 8.40.100) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

(A) (1) Licensed water well contractors who have performed any work for which a permit is required by § 52.057 and which involves drilling, digging, excavating or boring of a well, except for an engineering test hole, shall, within 30 days of completion of such work, submit to the Agency an accurate and complete report.

(2) For the purpose of obtaining sealing requirements from the Agency, geophysical well logs will be required as described in this section. New water wells in Sealing Zone III shall have a geophysical log. New water wells in Sealing Zone II shall either have a geophysical log, or soil samples shall be collected and recorded for every ten feet of depth within potential sealing zones. Geophysical logs must include spontaneous potential, and resistivity (short and normal, or lateral log). All abandoned water wells to be destroyed in Sealing Zones II and III shall have a geophysical log by gamma ray if no existing electric log or satisfactory drilling report is available for that well, unless it is determined by the Agency that a log is not warranted.

(B) Any permittee whose water well contractor fails to comply with this provision shall be in violation of this section and shall not be granted any new permits until the violation has been corrected. This shall not preclude the application of other penalties for violation of this subchapter. A well log shall include, at a minimum, all of the following:

(1) A detailed record of the boundaries, character, size, distribution and color of all lithologic units penetrated;

(2) The type and size of well casing;

(3) The location of perforations, sealing zones and existing seals;

(4) Reports on the quantity and quality of groundwater; and

(5) Any other data required by the Agency as a condition of the permit.

(‘81 Code, § 8.40.110) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

(A) Well construction seal inspection report. A County Inspector will prepare a well seal inspection report for water wells and cathodic protection wells constructed pursuant to and in compliance with an unexpired permit issued under this subchapter.

(B) Well destruction seal inspection report. A County Inspector will prepare a well seal inspection report for water wells and cathodic protection wells destroyed pursuant to and in compliance with an unexpired permit issued under this subchapter.

(C) Monitoring well/engineering test hole construction seal inspection report. The well seal inspection report for monitoring wells and engineering test holes constructed pursuant to and in compliance with an unexpired permit issued under this subchapter shall be submitted by a registered inspector within 30 days of sealing on a form* satisfactory to the Agency, and shall include:

(1) Permit number;

(2) Dates of sealing work;

(3) Number of wells constructed under this permit;

(4) Diameter and depth of bore hole(s), diameter and depth of casing(s) to top of annular filter pack;

(5) Depth to water;

(6) Depth and type of sealing material(s);

(7) Method of placement of sealing material(s);

(8) Method of protection of wellhead or open (engineering test) bore hole; and **

(9) Signature of registered inspector.

* Bulletin 74-90 (DWR) requires that monitoring well construction, alteration, and destruction reports be completed on forms provided by the California Department of Water Resources.

** Section 52.064(H) requires that all engineering test holes be destroyed within one working day after completion of testing.

(D) Monitoring well destruction seal inspection report. The well seal inspection report for monitoring wells and engineering test holes destroyed pursuant to and in compliance with an unexpired permit issued under § 52.059 shall be submitted by a registered inspector within 30 days of sealing on a form* satisfactory to the Agency, and shall include:

(1) Permit number;

(2) Date(s) of sealing work;

(3) Number of wells destroyed under this permit;

(4) Diameter and depth of bore hole(s) and diameter and depth of casing(s) installed (monitoring wells);

(5) Depth to water;

(6) Depth and type of sealing material(s);

(7) Method of placement of sealing material;

(8) Method of restoration of site area; and

(9) Signature of registered inspector.

(E) Water well condition inspection report for certificate of exemption or returning well to active status. Any person who owns or who possesses a water well that is abandoned or about to become abandoned due to lack of use, but who does not desire to destroy the well, may submit to the Agency a well condition inspection report signed by a registered inspector pursuant to § 52.069. The report shall include:

(1) State well number;

(2) Driller's report;

(3) Assessor parcel number of the property on which the well is located;

(4) An accurate location description with respect to nearby wells, septic systems, animal enclosures, roads, and property boundaries;

(5) Photographs of the well site, taken not more than six months prior to application for a certificate of exemption;

(6) Video log of well casing, conducted not more than six months prior to application for a certificate of exemption;

(7) A description of the well casing condition based upon a review of the most recent video log of the well;

(8) An opinion that the well is, or is not, equipped with an annular seal or seals to prevent the interchange of waters between water-bearing strata penetrated by the well;

(9) A statement that the well is, or is not, protected from artesian flow and from entry by surface waters;

(10) A description of any work necessary to assure the safety of local groundwater supplies due to the continued existence of the well; and

(11) A description of any repair work necessary to allow the well to function for its intended purpose.

(‘81 Code, § 8.40.120) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

Any person who owns a well and any person who is in possession of a well may be required to take corrective action with respect to the well as provided in this section.

(A) Grounds. Any of the following occurrences constitutes a ground for ordering corrective action:

(1) Maintenance, operation or use of the well in a manner that will cause or contribute to, or run a substantial risk of causing or contributing to, the pollution or contamination of the groundwater; allowing water to be wasted as a result of artesian pressure; or

(2) Construction, maintenance, repair, modification or destruction of the well in a manner that violates any provision of this subchapter.

(B) Notice. To initiate proceedings to order corrective action, the director shall send written notice to the person who owns the well or the person in possession of the well or both of them. The notice shall briefly describe the grounds for ordering corrective action, shall describe the proposed corrective action, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that the grounds for corrective action do not exist or that the proposed corrective action is inappropriate, and shall state that failure to appear and present such evidence may result in an order requiring such a person to take some or all of the proposed corrective action.

(C) Hearing. The director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there are grounds for ordering corrective action, and, if so, whether the proposed corrective action is appropriate. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based.

(D) Order. If the determination is that there are grounds for corrective action and that some or all of the proposed corrective action is appropriate, the director may issue and serve upon the person or persons who were served with notice of the hearing a written order requiring such appropriate corrective action. The order shall state a deadline for commencing the corrective action if such action is to be ongoing and shall state a deadline for completing the corrective action if such corrective action is not taken in compliance with the order, such action may be taken by the county at the expense of the person served with the order and, in addition, such person may be subject to criminal prosecution.

(E) Compliance. Any owner or possessor of the well who is served with such an order shall, on or before the deadline stated therein, commence every corrective action described therein as being ongoing and complete every corrective action described therein as not being ongoing. Any owner or possessor of the well served with such an order, and any person who thereafter acquires ownership or possession of the well with actual or constructive notice of the order, shall, for so long as such person owns or possesses the well, continue to take every corrective action described in the order as ongoing, until such time as either the well is destroyed pursuant to this subchapter or the director states in writing that such ongoing corrective action is no longer necessary.

(‘81 Code, § 8.40.130) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999

No person shall own or possess an abandoned cathodic protection well which is over 50 feet deep, an abandoned monitoring well, an abandoned engineering test hole which is over 50 feet deep, or an abandoned water well unless either such well has been destroyed pursuant to this subchapter or a current certificate of exemption has been issued for such well pursuant to § 52.069. Any down-hole explosive work shall be conducted by a state licensed blaster who has obtained all appropriate city and county permits.

(‘81 Code, § 8.40.140) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17) Penalty, see § 52.999

(A) Any person who owns or possesses a water well or monitoring well which is abandoned or about to become abandoned but who does not desire to destroy the well, or a person who desires to return an abandoned well to active status, may submit to the Agency a report prepared and signed by a registered inspector. Recommendations for repair must be submitted for review and approval of the Agency. If the Agency determines that the well would not result in pollution of ground water and would not create a hazard to health and safety, the Agency may issue a certificate of exemption or may approve the well to be returned to active status. Either alternative requires a satisfactory well condition inspection report.

(B) A certificate of exemption shall expire five years after issuance and may be terminated by the Agency at any time prior to expiration upon a determination that destruction of the well is necessary to prevent pollution or contamination of groundwater or to avoid a hazard to health or safety. Successive certificates of exemption may be issued with respect to a well in the same manner as the original certificate was issued. The well condition inspection report shall only be valid when the report has been shown to meet the requirements of § 52.066(E). The well condition inspection report will expire after 12 months and a new well condition inspection report will be necessary for well status changes.

(‘81 Code, § 8.40.150) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

The Board of Supervisors may, by resolution, establish fees for the issuance of a permit, extension of a permit, a certificate of exemption, or an appeal pursuant to this subchapter. The payment of such fee, if any, established by such resolution shall accompany the application to which it pertains. If the application is withdrawn before the issuance of the permit, the Agency shall compute the cost to the county of processing the application up to that point in accordance with the city’s standard cost accounting procedures and, if such cost is less than the amount of the fee paid, the difference shall be refunded to the applicant.

(‘81 Code, § 8.40.160) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

The Agency and the county's inspectors may, at any and all reasonable times, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this subchapter is being violated. The director may require that any work for which a permit is required by this subchapter be completed in stages and that work completed for any stage be inspected prior to any further work. Registered inspectors must inspect drilling and sealing operations for engineering test holes and monitoring wells if required by permit conditions. Prior to commencing any inspection pursuant to this subchapter, the Agency shall obtain either the consent of the owner or occupant of the property or an administrative inspection warrant.

(‘81 Code, § 8.40.170) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

If any corrective action required by an order issued pursuant to § 52.067 is not taken in full compliance with such order, the director may cause the corrective action to be taken by the county and all persons required by § 52.067 to take such corrective action shall be jointly and severally liable to the county for the cost of such action. In cases where the public health and safety require emergency corrective action, the director may cause the emergency corrective action to be taken by the county without a prior order or notice and all persons who own or possess the well shall be jointly and severally liable to the county for the cost of such action.

(‘81 Code, § 8.40.190) (Ord. 945, passed - -91; Am. Ord. 1274, passed 6-5-17)

All wells having a history of flowing as a result of artesian pressure shall be maintained and equipped to prevent flowing due to pressure in the aquifer system. Wells without any history of flowing that begin to flow shall be repaired, or retrofitted as necessary to prevent flowing. Such repair or retrofit shall be completed within a period of 30 days of notice by the county. This includes flowing as a result of a failed casing or other deteriorated component, or the absence of a surface seal.

(Ord. 1274, passed 6-5-17)

(A) Leak detection system. The foregoing provisions of this subchapter do not apply to any leak detection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with § 25280) of Division 20 of the Cal. Health and Safety Code.

(B) Monitoring and recovery wells. The Agency may waive permit requirements for installation or destruction of monitoring and recovery wells which are less than 50 feet deep and which are constructed to determine the extent of, or remove, pollution from

underground storage tanks, pursuant to requirements of the Environmental Health Division, provided the director determines that the purpose of this subchapter as set forth in § 52.055 will be satisfied.

(C) Natural gas monitoring and recovery wells. The Agency may waive permit requirements for installation or destruction of natural gas monitoring and recovery wells which are less than 50 feet deep pursuant to requirements of the Environmental Health Division, provided the Department determines that the purpose of this subchapter as set forth in § 52.055 will be satisfied.

(Ord. 1274, passed 6-5-17)

The purposes of this program are to allow retention of those wells that are being used and are in good condition and to require either repair or destruction of those wells that are not usable and are causing groundwater pollution.

(A) Water wells.

(1) Beginning on January 1, 1999, and on each January first thereafter, any person who owns a water well, or any person who is in possession of a water well, except those wells for which a valid certificate of exemption is in effect, shall submit to the Agency a report of the volume of groundwater extracted, as measured by flowmeter if so equipped, or other reasonable means, and the total time the well was operated within the preceding 12 months. In addition, for water wells constructed to allow access for water level measuring, the static water level in each water well shall be measured and reported annually. Any results from a completed aquifer pump test, or groundwater quality data collected shall also be reported. This report shall be submitted to the Agency prior to February 1 of each year on a form approved by the Agency. Owners of wells located within the following agency jurisdictions, in lieu of a separate submittal, may submit copies of the existing reporting form if the form contains the information required by this section:

(a) United Water Conservation District;

(b) Fox Canyon Groundwater Management Agency;

(c) Ojai Basin Groundwater Management Agency; or

(d) Any other government agency that requires the reporting of groundwater extractions within its boundaries.

(2) If a well is classified as abandoned, as defined in § 52.056, a certificate of exemption shall be obtained or the well may be returned to active status by completing a well condition inspection report in the manner provided in § 52.069, or the well shall be destroyed as required by § 52.068.

(B) Based upon the above information, all wells in the unincorporated areas of Ventura County shall be classified as one of the following:

(1) Active;

(2) Abandoned with a valid certificate of exemption;

(3) Abandoned and requiring destruction;

(4) Non-compliant-abandoned;

(5) Non-compliant;

(6) Can't locate; or

(7) Can't locate report.

(C) Applicants in violation of this subchapter shall not be entitled to further well permits or any land use entitlement until all violations of this subchapter are corrected.

(Ord. 1274, passed 6-5-17)

Notwithstanding any other provision of this section, beginning October 28, 2014, due to drought and groundwater conditions in Ventura County, no permits for the construction of new water wells or modification or repair of existing wells shall be issued under § 52.058(A) and no person shall construct a new water well or modify or repair an existing water well under § 52.058(B)(1) within the area described in Section 2 "Applicability" of Ventura County Ordinance No. 4468 and City of Santa Paula Ordinance No. 52.055 except as provided in §§ 52.077 and 52.078.

(Ord. 1274, passed 6-5-17)

The water well and permit prohibitions in § 52.076 shall not apply to:

(A) Water well permits for the repair, modification or replacement of an existing permitted water well or legal nonconforming water well involving no increase in well capacity. Well capacity means the name plate performance rating for the existing well equipment.

(B) Water well permits for backup or standby wells which do not initiate any new or increased use of groundwater. For purposes of this section, a new or increased use of groundwater is a use that did not exist before October 22, 2014.

(C) Water well permits within areas in which groundwater rights have been adjudicated by a court where this water well permit prohibition would interfere with the court's order, decree, or physical solution.

(D) County water well permit applications approved for processing by a Groundwater Management Agency, provided that on October 22, 2014, the Groundwater Management Agency is prohibiting new groundwater extraction facilities. For purposes of this § 52.077, Groundwater Management Agency shall mean an agency formed under Cal. Water Code Appendix §§ 121-102 et seq.

(E) County water well permit applications filed on or before October 22, 2014.

(F) Water well permits applications within groundwater basins designated as High or Medium Priority under the Department of Water Resources ("DWR") California Statewide Groundwater Elevation Monitoring Program (CASGEM) Groundwater Basin Prioritization for which designations are made pursuant to Cal. Water Code § 10722.4 and for which a groundwater sustainability agency has adopted and submitted to DWR a groundwater sustainability plan or alternative plan pursuant to Water Code §§ 10727 and 10733.6 (effective January 1, 2015).

(Ord. 1274, passed 6-5-17)

A waiver of the water well and permit prohibitions in § 52.076 may be granted by the director on a case-by-case basis, upon receipt of an application for a waiver and upon the director's determination that the application demonstrates that:

(A) There are special circumstances or exceptional characteristics of the real property and groundwater which do not apply generally to comparable real property and groundwater conditions in the same vicinity, and that the granting of such waiver will not be detrimental to the condition of groundwater resources; or

(B) Strict application of the prohibition as it applies to the real property or its groundwater conditions will result in practical difficulties or unnecessary hardships inconsistent with the purpose and findings of Ventura County Ordinance No. 4466 and City of Santa Paula Ordinance No. 52.055 and that the granting of such waiver will not be detrimental to the condition of groundwater resources.

(Ord. 1274, passed 6-5-17)

Failure to comply with any section of this subchapter may result in the county placing a notice of noncompliance or a lien on the affected property to cover the costs of managing and performing work deemed necessary, as well as other remedies prescribed by this subchapter.

(Ord. 1274, passed 6-5-17)

The director is hereby designated as the enforcing agent of this subchapter. HEARING OFFICER as used herein shall mean the director or the director's designee, who shall preside at the administrative hearings authorized by this subchapter and issue final decisions on matters raised therein.

(Ord. 1274, passed 6-5-17)

(A) Whenever the director determines that any person who owns a well, or any person who is in possession of a well or any other person is responsible for violating any provision of this subchapter, or that any requirement of any permit issued pursuant to this subchapter is not being implemented or adhered to by such person, the director shall send such person a notice of violation. The notice of violation shall be delivered in accordance with § 52.083.

(B) The notice of violation shall:

(1) Identify the provision of this subchapter or the applicable permit which has been violated;

(2) State how the violation may be corrected;

(3) Advise that if the violation is not corrected by a deadline to be specified in the notice of violation, a notice of noncompliance may be recorded against the property in the Office of the County Recorder;

(4) Advise that continued noncompliance may result in additional enforcement actions against the owner, occupant and/or other person;

(5) Advise that administrative fines may be imposed pursuant to § 52.081; and

(6) Advise that the determination that a violation exists may be appealed, but that the appeal must be filed in accordance with § 52.082.

(C) If the violation is not corrected pursuant to the notice of violation as determined by the director within the time allotted or if the violation is upheld after an appeal pursuant to § 52.082, a notice of noncompliance may be recorded in the Office of the County Recorder. The notice of noncompliance shall describe the property and specify the ordinance section or permit terms or conditions violated. The director shall record a release of notice of noncompliance with the Office of the County Recorder only if and after the violations have been fully corrected to the satisfaction of the director and all county enforcement costs and fees and administrative fines have been paid. The violator must pay a fee for recordation of the release of notice of noncompliance as determined in the adopted schedule of fees.

(D) If a notice of noncompliance is recorded in the Office of the County Recorder, a notice of imposition of administrative fines shall be served upon the violator. The notice of imposition of administrative fines shall describe the property and state the following for each violation:

(1) The amount of the fine that will accrue per violation as determined pursuant to § 52.082;

(2) The date the fine will begin accruing, which may be the same date the notice is served;

(3) That additional fines may accrue until the violation is corrected as determined by the director;

(4) That the amount of the fine may be increased in the future if the violation is not corrected;

(5) That the accrued fines are immediately due and owing and that the notice of imposition of administrative fines may be recorded as a lien against the property for all unpaid fines; and

(6) That the amount of the fines may be administratively appealed in accordance with § 52.082 within 30 days of the date of service of the notice of imposition of administrative fines.

(Ord. 1274, passed 6-5-17)

The following administrative fines may be imposed by the director where a notice of violation is not appealed in accordance with § 52.084 or, if properly appealed, the appeal process is complete and the notice of violation is upheld: $100 for a first violation, $500 for a second violation, and a fine not exceeding $1,000 for each additional violation occurring within one year. Each day in which a violation occurs and each separate failure to comply with either a separate provision of this subchapter, a notice of violation, a corrective action order, or a permit issued pursuant to this subchapter, shall constitute a separate violation of this subchapter.

(Ord. 1274, passed 6-5-17)

Any notice of violation or notice of imposition of administrative fines to be delivered pursuant to the requirements of this subchapter shall be subject to the following:

(A) The notice shall state that the recipient has a right to appeal the matter as set forth in § 52.084;

(B) Delivery shall be deemed complete upon:

(1) Personal service to the recipient;

(2) Deposit in the U.S. mail, postage pre-paid for first class delivery; or

(3) Facsimile service with confirmation of receipt;

(C) If the recipient of notice is the owner, the address for notice shall be the address from the most recently issued equalized assessment roll for the property or as otherwise appears in the current records of the county; and

(D) If the owner or occupant of any private property cannot be located after the reasonable efforts of the Agency, the notice shall be deemed delivered ten calendar days after posting on the property.

(Ord. 1274, passed 6-5-17)

Any person receiving a notice of violation or notice of imposition of administrative fines may appeal the matter by requesting an administrative hearing.

(A) Request for administrative hearing. Any person appealing a notice of violation or notice of imposition of administrative fines, shall, within 30 calendar days of receipt thereof, file a written request for an administrative hearing, accompanied by an administrative hearing fee as established by separate resolution, with the Clerk of the Board of the County, with a copy of the request for administrative hearing mailed on the date of filing to the director. Thereafter, a hearing on the matter shall be held before the Hearing Officer within 45 calendar days of the date of filing of the written request unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted.

(B) Hearing proceedings. The Agency or its authorized representative shall appear in support of the notice of violation or notice of imposition of administrative fines, and the appealing party shall appear in opposition to the notice. The Agency shall have the burden of supporting the notice and any enforcement or other action by a preponderance of the evidence. Each party shall have the right to present testimony and other documentary evidence as necessary for explanation of the case.

(C) Final decision and appeal. The final decision of the Hearing Officer shall be issued by mail within ten calendar days of the conclusion of the hearing. The final decision shall be delivered by first-class mail, postage prepaid, to the appealing party at the address set forth in the request for an administrative hearing. Pursuant to Cal. Gov’t Code § 53069.4(b)(1), if the final decision is contested, review must be sought in the Superior Court as a limited civil case within 20 days after the date of service of the final decision. A copy of the notice of appeal must be served on the director either in person or by first class mail. If no notice of appeal is timely filed with the Superior Court, the final decision issued by the Hearing Officer shall be deemed confirmed and final.

(Ord. 1274, passed 6-5-17)

Any person shall have the right to appeal the decision(s) of the Director to the Board of Supervisors, provided such appeal is made in writing within 21 days of the date of the decision and the applicable appeal fee is paid. This right of appeal shall not apply to final decisions of the Hearing Officer made pursuant to § 52.084.

(Ord. 1274, passed 6-5-17)

(A) Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in Chapter 13 of this code.

(B) Any person who violates any provision of §§ 52.055 through 52.073 of this chapter shall be guilty of a misdemeanor and punished according to Chapter 13 of this code, and shall be guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted, and shall be subject to the same punishment for each such separate offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney has determined that such action would be in the best interests of justice, the prosecuting attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall then be prosecuted as an infraction. The provisions of this division are in addition to and independent of any other sanctions which are or may be imposed under this chapter or any other provision of law.

(C) Any person who violates any provision of §§ 52.055 through 52.085 of this chapter shall be guilty of a misdemeanor and punished according to Chapter 13 of this code, and shall be guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued or permitted, and shall be subject to the same punishment for each such separate offense as for the original offense. Notwithstanding the foregoing, where the prosecuting attorney has determined that such action would be in the best interests of justice, the prosecuting attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall then be prosecuted as an infraction. The provisions of this sectopm are in addition to and independent of any other sanctions which are or may be imposed under this chapter or any other provision of law.

(‘81 Code, § 8.40.180) (Ord. 945, passed - -91; Ord. 1274, passed 6-5-17)