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3257ORDINANCE NO. 3257 AN ORDINANCE OF THE CITY OF ANAHEIM REPEAL- ING TITLE 17, CHAPTER 17.16, AND REPEALING TITLE 10, CHAPTER 10.20, AND ADOPTING A NEW TITLE 10, CHAPTER 10.20 OF THE ANAHEIM MUNI- CIPAL CODE PERTAINING TO THE CONSTRUCTION AND DESTRUCTION OF WELLS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 17, Chapter 17.16 of the Anaheim Municipal Code is hereby repealed. SECTION 2. That Title 10, Chapter 10.20 of the Anaheim Municipal Code is hereby repealed. SECTION 3. That Title 10, Chapter 10.20 of the Anaheim Municipal Code is hereby added to read as follows: "CHAPTER 10.20 CONSTRUCTION AND DESTRUCTION OF WELLS. "SECTION 10.20.010 PURPOSE. It is the purpose of this chapter to control the construc- tion and reconstruction of wells to the end that the ground water of this City will not be impaired in quality and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this City; that the obligation of the City to produce and distribute water for the present and future use, benefit and protection of the citizens and residents of the City will not be impaired; and to provide for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not impair the quality of the ground water or otherwise jeopardize the health, safety or welfare of the people of this City." "SECTION 10.20.020 DEFINITIONS. As used in this chapter, the following words shall have the meaning provided in this section: Abandoned and Abandonment. These terms shall apply to a well which has not ween used for a period of one year, unless the owner declares in writing, to the Utilities Director his intention to use the well again for supplying water or other associated purpose (such as an observation well or injection well) and receives approval of such declaration from the Utilities Director. All such declara- tions shall be renewed annually and at such time be resub- -1- mitted to the Utilities Director for approval. Test holes and exploratory holes shall be considered abandoned twenty-- four hours after construction work has been completed, unless otherwise approved by the Utilities Director. Agricultural Well. A water well used to supply water for irrigation orof er agricultural purposes, including so- called stock wells. 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 a cathodic protection well or a deep anode. Community Water Supply Well. A water well used to supply water for domestic purposes in systems subject to Sections 4010 et seq. of the California Health and Safety Code. (The California Pure Water Act) Construct, Reconstruct (Construction, Reconstruction). To dig, drive, bore, ri 1 or deepen a well, or to reperforate, remove, replace or extend a well casing.. Destruction. The proper filling and sealing of a well that is no longer useful so as to assure that the ground water is protected and to eliminate a potential physical hazard. Electrical Grounding Well. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of establishing an electrical ground. Utilities Director. The Utilities Director of the City of Ana eim or his designee. Individual Domestic Well. A water well used to supply water for domestic neeas of an individual residence or commercial establishment. Industrial Well. A water well used to supply an industry on an inn ividual basis. Observation Well. A well used for monitoring or sampling the conditions of a water -bearing aquifer, such as water pressure, depth, movement or quality. Permit. A written permit issued by the Utilities Director permitting the construction, reconstruction or destruction of a well. Person. Any person, firm, corporation or governmental agency. Public Nuisance. This term, when applied to a well, shall mean anywell which threatens to impair the quality of ground water or otherwise jeopardize the health or safety of the public. Salt Water (Hydraulic) Barrier Well. A well used for extracting water from or injecting water into the under- ground as a means of preventing the intrusion of salt water into a fresh water bearing aquifer. -2- Test or Exploratory Hole. An excavation used for deter- mining the nature of underground geological or hydrologi- cal conditions, whether by seismic investigation, direct observation or any other means. Well. Any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground, for providing cathodic pro- tection or electrical grounding of equipment, for making tests or observations of underground conditions, or for any other similar purpose. Wells shall include, but shall not be limited to, community water supply wells, individual domestic wells, industrial wells, agricultural wells, cathodic protection wells, electrical grounding wells, test and exploratory holes, observation wells and salt water (hydraulic) barrier wells, as defined herein, and other wells whose regulation is necessary to fulfill the purpose of this chapter as determined by the City Council. Wells shall not include: (a) oil and gas wells, geothermal wells, or other wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; (b) wells used for the purpose of dewatering excavations during construction, or stabilizing hillsides or earth embankments; or (c) other wells whose regulation is not necessary to fulfill the purpose of this chapter as determined by the City Council." "SECTION 10.20.030 WELL STANDARDS ADVISORY BOARD. Reference is made to Ordinance No. 2607, especially Section 45.023 thereof, duly adopted by the Board of Super- visors of the County of Orange, California. This section establishes a Well Standards Advisory Board consisting of five members with certain qualifications, appointed by the County Board of Supervisors. The Utilities Director and City Council may be guided in their determinations by the sug- gestions and advice of the Well Standards Advisory Board in order to carry out the purpose of this Ordinance and to effectuate uniformity within the County of Orange, relative within the City of Anaheim as to the construction and destruction of wells." "SECTION 10.20.040 ACTS PROHIBITED, PERMIT REQUIRED. No person shall, within the incorporated area of the City of Anaheim, construct or reconstruct any well unless such construction or reconstruction is carried out pursuant to and in conformance with a written permit issued for that purpose by the Utilities Director as provided in this chapter. Nor shall any such person allow a well to remain abandoned, but shall destroy it pursuant to and in conformance with a written permit issued by the Utilities Director. Nor shall any such person violate the terms of any order issued by the Utilities Director pursuant to this chapter. "SECTION 10.20.050 PERMITS. Applications for permits shall be made to the Utilities Director containing such information as he shall require. Is]= Each application shall be accompanied by a fee which shall be established by the City Council on the basis of the cost incurred in enforcing the provisions of this chapter. Fifty percent (50%) of the fee shall be returned to the applicant should the permit be denied or if the permit is cancelled within sixty (60) days after issuance and no work has been done. A permit shall remain in effect for one year from date of issuance. Permits may be issued subject to any condition or require- ment found by the Utilities Director to be necessary to accomplish the purposes of this chapter. A permit may be cancelled or the conditions amended by the Utilities Director if he determines that to proceed with the work would result in a public nuisance or the permit holder has violated the terms of the permit or this chapter." "SECTION 10.20.060 COMPLETION OF THE WORK. The permittee shall notify the Utilities Director in writ- ing upon completion of the work and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by the Utilities Director and no permittee shall be deemed to have complied with this chapter or his permit until such inspection has been performed and all work thereon completed to the satisfaction of the Utilities Director." "SECTION 10.20.070 NOTICE; CANCELLATION OR DENI,,U OF PERMIT. In the event a permit is denied or cancelled, the appli- cant or permit holder shall be given written notice by the Utilities Director, which notice shall specify the reasons for his action, and shall notify the applicant or permit holder of his right to request a hearing before the City Council within ten days." "SECTION 10.20.080 NOTICE: PUBLIC NUISANCE. In the event the Utilities Director determines that a well constitutes a public nuisance, the City Clerk shall mail a written notice to the landowner and the permit holder if other than the landowner. A copy of the notice shall be posted on the affected property. The notice shall state the specific facts giving rise to such nuisance; the corrective measures deemed necessary; and time, date, and place at which a hearing shall be held by the City Council relating thereto, which date shall not be less than ten nor more than thirty days after the date such notice is mailed. The notice shall state that in the event the City Council deter- mines that a public nuisance exists a special assessment shall be imposed upon the land for any costs of abatement." "SECTION 10.20.090 IMMEDIATE ABATEMENT. If the Utilities Director finds that immediate action is necessary to prevent impairment of the ground water or a threat to the health or safety of the public, he may abate -4- the nuisance without giving notice. Within twenty-four (2.4) hours after initiating such abatement, the City Clerk shall give notice of a hearing before the City Council in the manner prescribed in Section 10.20.080." "SECTION 10.20.100 CITY COUNCIL HEARING. At the time fixed for the hearing, the City Council shall hear and consider all relevant testimony and evidence offered by the landowner, and by any other interested per- son. In the event the City Council finds that a public nuisance exists, it shall direct the Utilities Director to take any necessary action to protect the ground water or the health and safety of the public, unless the situa- tion is corrected by the landowner on or before a date to be specified by the City Council. The costs of such cor- rective work by the Utilities Director shall become a spe- cial assessment upon the land pursuant to Section 10.20.110. If the City Council finds that a permit was improperly denied or cancelled, it shall order the Utilities Director to issue or reinstate such permit." "SECTION 10.20.110 ABATEMENT COSTS A SPECIAL ASSESSMENT. Upon finding by the City Council that a well constitutes a public nuisance, all costs of abatement carried out under the terms of this section shall constitute a charge and special assessment upon the parcel of land involved. If such costs are not paid within sixty (60) days, they shall then be declared a special assessment and shall be collected at the same time and in the same manner as ordi- nary City taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary City taxes. The City shall retain the additional and independent right to recover its costs by way of civil action against the owner and person in possession or control, jointly or severally." "SECTION 10.20.120 STANDARDS. Standards for the construction, reconstruction or destruc- tion of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II. Standards for the construction, reconstruction or destruction of cathodic protection wells and electrical grounding wells shall be the standards recommended in the State. Department of Water Resources Bulletin No. 74-1." "SECTION 10.20.130 PENALTY. Any violation or failure to sions of this Chapter shall misdemeanor, and such person ance with the provisions of Municipal Code." -5- comply with any of the provi- render a person guilty of a shall be punished in accord - Section 1.01.370 of the Anaheim SECTION 4. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would,have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid.: SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 29th day of January , 1974 . ;l OF E CI OF EIM Pro Tem ATTEST: CITY CLERK OF THE CITY OF ANAHEIM -6- FAL: kw STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3257 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of January , 1974 , and that the same was passed and adopted at a regular meeting of said City Council held on the 29th day of January , 19 74 , by the following vote of the members thereof: AYES: COUNCILMEN: Stephenson, Sneegas, Pebley, Thom NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Dutton ABSENT: COUNCILMEN: None Pro Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said Ordinance on the 29th day of January , 1974 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of January , 19 74. (-Cho--,z-a� /f'7. ��G�✓�� CITY CLERK OF THE CITY -OF ANAHEIM (SEAL) I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3257 and was published once in the Anaheim Bulletin on the 8th day of February, 1974. L City Clerk