Santa Rosa Municipal Code Art. I General

The purpose of this chapter shall be to provide a uniform procedure for protecting the groundwater by regulating the construction, reconstruction, placement and destruction of existing and abandoned water wells, test wells, test holes and excavations in the City; to prescribe permits required therefor; to apply penalties for the violations thereof; to provide for the Board of Building Regulations appeals to assist in the implementation hereof; and to insure that such water wells, test wells, test holes and excavations are consistent with and promote the public health, safety and welfare.

(Prior code § 25.51)

The Chief Building Official of the City may promulgate rules and regulations consistent with the purpose of this chapter. Whenever such rules and regulations are promulgated and approved, they shall be available to the public in the Building Department of the City.

(Prior code § 25.52)

Words in this chapter shall be used in their ordinary sense unless otherwise defined in this section or in the rules and regulations promulgated by the City Building Department, as adopted by resolution of the City Council.

Administrative Authority. Whenever the term "Administrative Authority" is used in this chapter, it shall be construed to mean the City Health Officer of the City of Santa Rosa or his authorized representative.

"Appeals board"

means the City Board of Building Regulations appeals to advise the Administrative Authority on the implementation of this chapter, to hear appeals, and to act on such other matters properly referred to it.

"Chief building official"

shall be the Enforcement Officer of this chapter.

"City health officer"

means the Health Officer of the City, or his authorized representative. In the event the City of Santa Rosa has no Health Officer, then "Health Officer" means the Health Officer of the County of Sonoma or his authorized representative.

"Water well"

means any existing or abandoned water well, test well, test hole or excavation.

"Water well permit"

means a permit for the construction, reconstruction or destruction of any existing or abandoned water well, test well, test hole or excavation.

(Prior code § 25.53)

The Administrative Authority shall determine the classes of and requirements for the issuance of water well permits. This determination shall be consistent with the purposes of this chapter and the rules and regulations promulgated by the City Building Department, as adopted by resolution of the City council.

(Prior code § 25.54)

Any person who installs, maintains or abandons a well, test well, test hole or excavation in any manner that will result in the pollution or contamination of the potable groundwater, or which allows the entrance of surface waters into the potable or usable groundwater, or which allows direct connection to a City or community water system, shall be guilty of a misdemeanor. Any person who constructs, reconstructs or destroys a water well, test well, test hole or excavation without obtaining a valid permit therefor, as provided in this chapter, shall be guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for each day during any portion of which any violation of the provisions of this chapter is committed.

(Prior code § 25.55)

If evidence is presented to the satisfaction of the Administrative Authority that any existing or abandoned well, test well, test hole or excavation is polluting or contaminating the potable groundwater, or is a direct or potential hazard to the purity of potable water, the Administrative Authority shall declare such well, test well, test hole or excavation a nuisance and shall require that repairs be made to such well, test well, test hole or excavation to eliminate the nuisance, or that such well, test well, test hole or excavation be abated in accordance with the provisions specified in the Uniform Code for the Abatement of Dangerous Buildings, 1973 Edition, and the whole thereof save and except that wherever the word "dangerous building" is used in the Uniform Code for the Abatement of Dangerous Buildings, it shall be held to mean "existing or abandoned wells, test wells, test holes or excavations which have been declared a nuisance."

(Prior code § 25.56)

Any person violating the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of damages incurred as a result of such violation.

(Prior code § 25.57)

Whenever a violation of the provisions of this chapter causes or threatens to cause a condition of contamination, pollution or nuisance, the City may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the continuance of such condition.

(Prior code § 25.58)

All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Prior code § 25.59)