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ORDINANCE NO. NS-1219 <br />PAGE FIVE <br /> <br />Sec. 39-69. Abatement Costs a Special Assessment. <br /> <br /> Upon a finding by the Advisory Agency that a well <br />constitutes a public nuisance, all cost of abatement carried <br />out under the terms of this section shall constitute a charge <br />and special assessment upon the parcel of land involved. If <br />such costs are not paid within sixty (60) days, they shall then <br />be declared a special assessment against that parcel as pro- <br />vided in Government Code Section 28773.5. Such special assess- <br />ment shall be collected at the same time and in the same manner <br />as ordinary City taxes are collected and shall be subject to <br />the same penalties and the same procedures and sale in case of <br />deliquiency as provided for ordinary City taxes. The City <br />shall retain the additional and independent right to recover <br />its costs by way of civil action against the owner and person <br />in possession or control, jointly or severally. <br /> <br />Sec. 39-70. Standards <br /> <br /> Standards for the construction, reconstruction, <br />destruction, or abandonment of wells shall be the standards <br />recommended in the State Department of Water Resources Bulle- <br />tin No. 74, Chapter II and future amendments thereto. Stand- <br />ards for the construction, reconstruction, destruction or <br />abandonment of cathodic protection wells and electrical ground- <br />ing wells shall be the standards recommended in the State <br />Department of Water Resources Bulletin No. 74-1, and future <br />amendments thereto. Well standards may be modified by the <br />Enforcement Officer, with the advice and concurrence of the <br />Advisory Agency, where required to cope with the local geo- <br />logical and ground water conditions. <br /> <br />Sec. 39-71. <br /> <br /> Any person who violates the terms of this Article <br />or any permit issued hereunder shall be guilty of a misdemeanor, <br />punishable by a fine not exceeding Five Hundred Dollars ($500) <br />or by imprisonment not exceeding six (6) months, or by both <br />such fine and imprisonment. Such person shall be deemed guilty <br />of a separate offense for each and every day or portion thereof <br />during which any such violation is committed, continued or <br />permitted and shall be subject to the same punishment as for <br />the original offense. <br /> <br /> SECTION 2: That Section 39-32 of the Santa Ana Municipal <br />Code is hereby repealed. <br /> <br /> SECTION 3: If any section, subsection, sentence, <br />clause, phrase or portion of this ordinance is for any <br />reason held to be invalid or unconstitutional by the deci- <br />sion of any court of competent jurisdiction, such decision <br />shall not affect the validity of the remaining portions of <br />this ordinance. The City Council of the City of Santa Ana <br />hereby declares that it would have adopted this ordinance <br />and each section, subsection, sentence, clause, phrase or <br />portion thereof irrespective of the fact that any one or <br />more sections, subsections, clauses, phrases or portions be <br />declared invalid or unconstitutional. <br /> <br /> SECTION 4: Neither the adoption of this ordinance nor <br />the repeal hereby of any ordinance shall in any manner affect <br />the prosecution for violation of ordinances, which violations <br />were committed prior to the effective date hereof, nor be <br />construed as affecting any of the provisions of such ordi- <br />nances relating to the collection of any such license or <br />penalty or the penal provisions applicable to any violation <br />thereof, nor to affect the validity of any bond or case de- <br />posit in lieu thereof, required to be posted, filed or depo- <br />sited pursuant to any ordinance, and all rights and obliga- <br />tions thereunder appertaining shall continue in full force <br />and effect. <br /> <br /> <br />