HomeMy WebLinkAboutCC ORD 1975-1488 Amends portions of county Ordinance No. 4286 (NS), adopted by Ord. 1431, pertaining to wells (14.20)1488
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ORDINANCE NO.
AN ORDINANCE AMENDING COUNTY ORDINANCE N. 4286 (NS) AS ADOPTED
BY CITY ORDINANCE NO. 1431 RELATING TO THE CONSTRUCTION, REPAIR,
RECONSTRUCTION OR DESTRUCTION OF WELLS, AND INCORPORATING BY
REFERENCE WATER WELL STANDARDS: STATE OF CALIFORNIA (CHAPTER II
OF DEPARTMENT OF WATER RESOURCES BULLETIN NO. 74), AND CATHODIC
STANDARDS: STATE OF CALIFORNIA (CHAPTER 11 OF DEPARTMENT OF WATER
RESOURCES BULLETIN NO. 74-1)
BE IT ORDAINED by the City
Council of the City of National City as
follows:
SECTION 1. Section 67.402 of County
Ordinance No. 4286 (NS) :
Delete: The definition "Well
Standards Advisory Board".
SECTION 2. Article 2 of County
Ordinance No. 4286 (NS) :
Delete: Entire Article titled "Well
Standards Advisory Board".
SECTION 3. Article 4 of County
Ordinance No. 4286 (NS):
Delete: Entire Article and replace
with new Article to read cis follows:
Article 4 — NUISANCES
Section 64.430. INVESTIGATION
The County Health Officer may, upon
reasonable cause to believe that an
abandoned well or other well is causing
a nuisance by polluting or contaminat-
ing ground water, or constitutes a safety
hazard, investigate the situation to
determine whether such a nuisance does
in fact exist. He shall have the power,
when in the performance of his duty
and upon first presenting his credentials
and identifying himself as an employee
of the County Health Department to
the person apparently in control of the
premises, if available, to enter upon
any such premises between the hours of
8:00 a.m. and 6:00 p.m., to discover or
inspect anything or condition which
appears to indicate such a nuisance. He
may examine such premises, things, or
conditions, take such samples and make
such tests as needed and take any other
steps reasonably necessary for the proper
investigation and determination of
whether such a nuisance exists.
Section 64.431. ORDER TO ABATE A
NU ISANCE
Whenever the Health Officer deter-
mines that an abandoned or other well
is causing a nuisance by polluting or
contaminating ground water, or con-
stitutes a safety hazard, he may issue
a written order requiring that the con-
ditions productive of the nuisance be
abated within a period of ten days
thereafter and shall forthwith serve the
order upon the person occupying the
premises, if any, and if no person
occupies the premises, the order shall
be posted upon said premises in a
conspicuous place. In addition, a copy
shall be moiled to the owners of the
premises as their names and addresses
appear upon the last equalized assess-
ment roll. The Health Officer may for
good cause extend the time specified
in the order or otherwise modify or
rescind the order.
The order of abatement shall advise
the possessors and owners of the
property of their right to appeal to the
City Council and to stay the order of
abatement pending such appeal.
Section 64.432. APPEAL FROM ORDER
OF ABATEMENT
Any person who has been given an
order of abatement may, within ten
days following the receipt of the order
of abatement, file an appeal in writing
to the City Council. Said appeal shall
be accompanied by a fiing fee of
twenty-five dollars ($25.00) and shall
specify the grounds upon which the
appeal is taken. The City Clerk shall
then proceed to set the matter tor
hearing, not later than 20 days there-
after, and such appeal shall stay the
effect of any order issued pursuant to
Section 64.431 until the City Council
hears the appeal and issues its order
either to affirm, overrule or modify the
action of the Health Officer. Notice of
the hearing shall be mailed to the
appealing party at least five days prior
to the hearing.
Section 64.433. ABATEMENT BY
COUNTY HEALTH OFFICER
In the event that a nuisance is not
abated in accordance with an order of
abatement, the Heath Officer may upon
securing the approval of the City
Council, proceed to abate the nuisance
by force account, contract or any other
method deemed most expedient by the
City Council.
SECTION 64.434. PAYMENT OF
COSTS
The Health Officer shall prepare and
file with the City Clerk a report speci-
fying the work done, the itemized and
total cost of the work, a description of
the real property upon which the well
is or was located, and the names and
addresses of the record owner, the
holder of any mortgage or deed of trust
of record, and any other person known
to have a legal interest in the property.
A hearing shall be held on said report
and any protests or objections thereto,
and notice of the hearing shall be
mailed to the persons with a legal
interest in the property at (east ten
days prior to the date set for the
hearing. The City Council shall deter-
mine at the hearing the correct charge
to be made for the work.
All costs of abatement carried out
under the terms of this section shall
constitute a charge and special assess-
ment against the parcel of land in-
volved. If such costs are not paid within
60 days they shall then be declared a
special assessment against that property
as provided in Government Code Section
25845. The assessment shall be collected
at the same time and in the same
manner as ordinary City taxes are
collected and shall be subject to the
same penalties and the same procedure
and sale in case of delinquency as
"adop
Decembe
provided for ordinary City taxes. All
laws applicable to the levy, collection
and enforcement of City taxes shall be
applicable to such special assessment.
In addition to its rights to impose said
special assessment, the City shall retain
the alternative right to recover its costs
by way of civil action against the owner
and person in possession or control
jointly and severally.
PASSED AND ADOPTED this 16th day
of December, 1975.
S/KILE MORGAN
Mayor
ATTEST:
S/IONE MINOGUE CAMPBELL
City Clerk
Passed and adopted by the Council of
the City of National City, California,
on December 16, 1975 by the following
vote, to -wit:
Ayes: Councilmen Camacho, Dalla,
Pinson, Reid, Morgan
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
KILE MORGAN
Mayor of the City of
National City, California
S/IONE MINOGUE CAMPBELL
City Clerk of the City of
National City, California
I HEREBY CERTIFY that the fore-
going ordinance was not finally adopted
until seven calendar days had elapsed
between the day of its introduction and
the day of its final passage, to wit, on
December 2 and on December 16, 1975.
I FURTHER CERTIFY THAT said or-
dinance was read in full prior to its
final passage or that the reading of
said ordinance infull was dispensed
with by a vote of not less than a ma-
jority of the members elected to the
Council, and that there was available
for the consideration of each member
of the Council and the public prior to
the day of its passage a written or
printed copy of said ordinance.
1 FURTHER CERTIFY that the above
and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 148jj of
the City of Na tonal City, passed and
by he °until of said City on
V,1975.\
IONE MINOGUE C PBELL
City Clerk of th ity of
National City, lifornia
AND I HEREBY CERTIFY that the
as e(i duly published according
(Seal) City Clerk of thCity
National City, (Qalifornia
of