19F - RECEIVE AND FILE SEWER SYSTEM

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ARTICLE IV. CONSTRUCTION AND ABANDONMENT OF WELLS Page 4 of 5 Sec. 39-67. Immediate abatement of nuisance. If the enforcement officer 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 the nuisance without giving notice. Within twenty-four (24) hours after initiating such abatement, the enforcement officer shall give notice of a hearing before the advisory agency in the manner prescribed in section 39-66. (Ord. No. NS-1219, § 1, 9-16-74) Sec. 39-68. Board hearing. At the time fixed for the hearing, the advisory agency shall hear and consider all relevant testimony and evidence offered by the landowner and by any other interested person. In the event the advisory agency finds that a public nuisance exists, it shall direct the enforcement officer to take any necessary action to protect the ground water or the health and safety of the public, unless the situation is corrected by the landowner on or before a date to be specified by the advisory agency. The costs of such corrective work by the enforcement officer shall become a special assessment upon the land pursuant to section 39-69. If the advisory agency finds that a permit was improperly denied or cancelled, it shall order the enforcement officer to issue or reinstate such permit. (Ord. No. NS-1219, § 1, 9-16-74) Sec. 39-69. Abatement costs a special assessment. Upon a finding by the advisory agency that a well constitutes a public nuisance, all cost of abatement carried out under the terms of this article 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 against that parcel as provided in Government Code, Section 28773.5. Such special 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 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. (Ord. No. NS-1219, § 1, 9-16-74) Sec.39-70. Standards. Standards for the construction, reconstruction, destruction, or abandonment of wells shall be the standards recommended in the state department of water resources Bulletin No. 74, Chapter II, and future amendments thereto. Standards for the construction, reconstruction, destruction or abandonment of cathodic protection wells and electrical grounding wells shall be the standards recommended in the state department of water resources Bulletin No. 74-1, and future amendments thereto. Well standards may be modified by the enforcement officer, with the advice and concurrence of the advisory agency, where required to cope with the local geological and ground water conditions. (Ord. No. NS-1219, § 1, 9-16-74) 19F-137 http://Iibrary2.municode.com/default-test/DocVieNv/14452/l/242/246 3/3/2009