Ventura Municipal Code Ch. 8.150 Water Wells 5

5 Cross reference(s): Water service, Division 1 of Title 22.

A. Adopted by Reference. Except as set forth in this chapter, the city council of the city of San Buenaventura adopts by reference Sections 4811 through 4828 of the Codified Ordinances of the County of Ventura (“County Code”) as they have been adopted by the county board of supervisors, including the well standards set forth therein.

B. Inclusion of City. For the purposes of this chapter, the term “unincorporated portion of Ventura County” as set forth in Section 4813 of the County Code shall include the incorporated area of the city of San Buenaventura. (Code 1971, § 4571; Ord. No. 2015-014, § 1, 10-5-15)

Except as set forth in this chapter, and to the extent authorized by contract between the city and the county of Ventura, the county’s public works agency and the county’s director of public works, or their designee, respectively, shall perform for the city and exercise on behalf of the city all those functions and all of that authority, including collection of fees, which are to be performed and exercised by the department and the director, respectively, under the sections of the County Code that are adopted by reference in this chapter. (Code 1971, § 4572; Ord. No. 2015-014, § 1, 10-5-15)

The drilling, digging, sinking, or deepening into another aquifer of any well within the city or the tapping or penetrating of any subterranean water bearing gravel underlying the city by other than the Ventura Water System for the purpose of producing water is prohibited unless a permit, in addition to any other permit required by this chapter, is obtained from the San Buenaventura city council. (Code 1971, § 4573; Ord. No. 2015-014, § 1, 10-5-15)

Existing wells which are subject to agreements with the city, and wells used to supply water to contiguous nonsubdivided land, may, subject to the provisions of this chapter, continue to operate until such time and upon such conditions as the city may impose. (Code 1971, § 4574; Ord. No. 2015-014, § 1, 10-5-15)

Pursuant to County Code Section 4826, beginning October 28, 2014, no permits for the construction of new water wells or modification or repair of existing wells shall be issued due to drought and groundwater conditions in Ventura County, except as provided in County Code Section 4826.2 and 4826.3, Ventura County Ordinance No. 4468. The provisions of County Code Sections 4826.1 to 4826.3 adopted by County Ordinance No. 4468 are inapplicable to the city within the city limits and within the territory served by Ventura Water irrespective of whether or not the city or Ventura Water will be producing water to serve its customers or serving water to its customers within the city or within the territory served by Ventura Water. (Ord. No. 2015-014, § 1, 10-5-15)

Suspension or termination of a permit pursuant to Section 4813i of the County Code shall not deprive the city of the authority to pursue any other action or remedy otherwise available to it under the law. (Code 1971, § 4575; Ord. No. 2015-014, § 1, 10-5-15)

It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.150, for any person to violate any provision of this chapter and such person 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. The provisions of this section are in addition to and independent of any other sanctions which are or may be imposed pursuant to Section 4823 of the County Code or any other provision of law. (Code 1971, § 4576; Ord. No. 2015-014, § 1, 10-5-15)

Pursuant to Section 4823 of the County Code, if any corrective action required by an order issued pursuant to Section 4818 of the County Code is not taken in full compliance with such order, the city public works director may cause the corrective action to be taken by the city, and all persons required by Section 4818 of the County Code to take such corrective action shall be jointly and severally liable to the city for the cost of such action. In cases where the public health and safety require emergency corrective action, the city public works director may cause the emergency corrective action to be taken by the city without a prior order or notice and all persons who own or possess the well shall be jointly and severally liable to the city for the cost of such action. (Code 1971, § 4577; Ord. No. 2015-014, § 1, 10-5-15)